Florida Statute 250.01 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XVII
MILITARY AFFAIRS AND RELATED MATTERS

Chapter 250
MILITARY AFFAIRS

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F.S. 250.01

250.01 Definitions.—As used in this chapter, the term:

(1) “Active duty” means full-time duty in active military service of the United States. The term includes federal duty such as full-time training, annual training, and attendance while a person is in active military service or in a school designated as a service school by law or by the secretary of the applicable military department. The term does not mean full-time duty in the National Guard. The term shall also include the period during which a person in active military service is absent from duty as a result of illness, being wounded, being on leave, or other lawful cause.

(2) “Air National Guard” means that part of the National Guard of a state or territory of the United States, Puerto Rico, or the District of Columbia, active or inactive, which is:

(a) An air force;

(b) Trained, and has its officers appointed, under the United States Constitution;

(d) Federally recognized.

(3) “Air National Guard of the United States” means the reserve component of the Air Force, the membership of which consists of members of the Air National Guard.

(4) “Armed forces” means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.

(5) “Armory” means a building or group of buildings used primarily for housing and training troops or for storing military property, supplies, or records.

(6) “Army National Guard” means that part of the National Guard of a state or territory of the United States, Puerto Rico, or the District of Columbia, active or inactive, which is:

(a) A land force;

(b) Trained, and has its officers appointed, under the United States Constitution;

(d) Federally recognized.

(7) “Army National Guard of the United States” means the reserve component of the Army, the membership of which consists of members of the Army National Guard.

(8) “Convening authority” means a commissioned officer in command and his or her successors in command.

(9) “Enlisted personnel” means persons enlisted, inducted, called, or conscripted into an armed force in an enlisted grade.

(10) “Grade” means a step or degree in a graduated scale of office or military rank which is established and designated as a grade by law or rule.

(11) “Military judge” means the presiding officer of a general or special court-martial. Except as otherwise expressly provided, in the context of a summary court-martial, the term “military judge” includes the summary court-martial officer.

(12) “Military post” means an armory, facility, installation, or real property under the supervision or control of the Armory Board which is used primarily for housing and training troops; performing administrative duties; or storing military property, supplies, or records.

(13) “National Guard” means the Army National Guard and the Air National Guard.

(14) “National Guard Bureau” means the joint Bureau of the Department of the Army and the Department of the Air Force within the Department of Defense, as defined in 10 U.S.C. s. 10501.

(15) “Offense” means a criminal charge under the Uniform Code of Military Justice.

(16) “Officer” means a commissioned officer or warrant officer.

(17) “Rank” means the order of precedence among members of the armed forces.

(18) “Post commander” means the officer in charge of a military post or training site, a National Guard armory, or a portion of a National Guard armory when colocated in an Armed Forces Reserve Center.

(19) “Servicemember” means any person serving as a member of the United States Armed Forces on active duty or state active duty and all members of the Florida National Guard and United States Reserve Forces.

(20) “SCRA” means the Servicemembers Civil Relief Act, Title 50, Appendix U.S.C. ss. 501 et seq.

(21) “State active duty” means full-time duty in active military service of the State of Florida when ordered by the Governor or Adjutant General in accordance with s. 250.06, s. 250.10, or s. 250.28 to preserve the public peace, execute the laws of the state, suppress insurrection, repel invasion, enhance security and respond to terrorist threats or attacks, respond to an emergency as defined in s. 252.34 or to imminent danger of an emergency, enforce the law, carry out counter-drug operations, provide training, provide for the security of the rights or lives of the public, protect property, or conduct ceremonies. The term includes the duties of officers or enlisted personnel who are employed under the order of the Governor in recruiting; making tours of instruction; inspecting troops, armories, storehouses, campsites, rifle ranges, or military property; sitting on general or special courts-martial, boards of examination, courts of inquiry, or boards of officers; or making or assisting in physical examinations. The term shall also include the period during which a person in active military service is absent from duty as a result of illness, being wounded, being on leave, or other lawful cause.

(22) “Troops” includes personnel of the Army National Guard and the Air National Guard.

(23) “USERRA” means the Uniformed Services Employment and Reemployment Rights Act, chapter 43 of Title 38 U.S.C.

History.—s. 3, ch. 8502, 1921; CGL 2014; s. 1, ch. 25112, 1949; s. 1, ch. 2003-68; s. 14, ch. 2003-72; s. 26, ch. 2007-5; s. 7, ch. 2022-183.

Note.—Former s. 250.03.

F.S. 250.01 on Google Scholar

F.S. 250.01 on Casetext

Amendments to 250.01

Arrestable Offenses / Crimes under Fla. Stat. 250.01

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 250.01.

Annotations, Discussions, Cases:

Cases Citing Statute 250.01

Total Results: 20

FRANK J. MADERI, KENDEY UNDERWOOD, JOSEPH v. PIOTROWSKI AND CARLOS E. GUZMAN-ROIG v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2020-09-30T00:53:00-07:00

Snippet: discharge, or servicemember, as defined in s. 250.01, who suffers from a military service-related… servicemembers, as defined in s. 250.01, who are convicted of a criminal

ROBERT SIMEONE v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-12T00:53:00-07:00

Snippet: general discharge, or servicemember, as defined in s. 250.01, who suffers from a military service-related

Turkish v. Brody

Court: Fla. Dist. Ct. App. | Date Filed: 2016-11-30T00:00:00-08:00

Citation: 221 So. 3d 1206, 2016 Fla. App. LEXIS 17684, 2016 WL 6992203

Snippet: court’s order requiring Arthur to return $511,250 (one-half of the promissory note executed by Mrs. Trask

Skipper v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-04-08T00:00:00-07:00

Citation: 189 So. 3d 269, 2016 WL 1386531, 2016 Fla. App. LEXIS 5408

Snippet: . The record shows that Skipper has paid $250.01 toward the restitution obligation. 2

Francavilla v. Francavilla

Court: Fla. Dist. Ct. App. | Date Filed: 2007-11-20T23:53:00-08:00

Citation: 969 So. 2d 522

Snippet: month with annual cost of living increases; $1,250 was one half of her monthly salary as a flight attendant

Bush v. Holmes

Court: Fla. Dist. Ct. App. | Date Filed: 2004-11-11T23:53:00-08:00

Citation: 886 So. 2d 340

Snippet: Entertainment, Inc. v. Clay County, 646 So.2d 246, 250-1 (Fla. 1st DCA 1994), rev. denied, 658 So.2d 992

Izquierdo v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1998-11-17T23:53:00-08:00

Citation: 724 So. 2d 124

Snippet: allegedly made by the Appellant.4 (TR.241, 245, 250). At one point during cross-examination, after being

Property Rights Protection Group, Inc. v. City of Tampa

Court: Fla. Dist. Ct. App. | Date Filed: 1993-11-17T00:00:00-08:00

Citation: 627 So. 2d 61, 1993 Fla. App. LEXIS 11655, 1993 WL 477695

Snippet: appropriate to isolate each claim. See Fla.R.Civ.P. 1.250, 1.270. If the various parties and claims were separated

Freeman v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1993-04-28T00:00:00-07:00

Citation: 621 So. 2d 472, 1993 Fla. App. LEXIS 4660, 1993 WL 130958

Snippet: ordered that Linda J. Beu-mer shall pay a fine of $250.001 to the clerk of this court within 30 days of the

T.R.H. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1992-10-09T00:00:00-07:00

Citation: 605 So. 2d 992, 1992 Fla. App. LEXIS 10423, 1992 WL 266985

Snippet: pursuant to Florida Rule of Juvenile Procedure 8.250,1 do not support a reversal of the charge for obstructing

Dan & Sherman v. Serrano

Court: Fla. Dist. Ct. App. | Date Filed: 1991-03-12T00:00:00-08:00

Citation: 578 So. 2d 300, 1991 Fla. App. LEXIS 2135, 1991 WL 31812

Snippet: $350,000. This was applied $99,999 to Maria and $250,001 to her husband. All of this was done without the…of the settlement to Maria Serrano’s claim and $250,001 of the settlement to Manuel Serrano’s derivative

Ago

Court: Fla. Att'y Gen. | Date Filed: 1986-03-09T23:53:00-08:00

Snippet: not training ordered under the provisions of Ch. 250.1 Both parts of your question are answered by the

Dean v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1983-04-04T23:53:00-08:00

Citation: 430 So. 2d 491

Snippet: before the jury as required by Fla.R.Crim.P. 3.250.[1] We cannot agree. The state waived any argument

Atkins v. STATE, DEPT. OF HWY. SAFETY, ETC.

Court: Fla. Dist. Ct. App. | Date Filed: 1980-05-12T00:53:00-07:00

Citation: 383 So. 2d 313

Snippet: injuries, whether under Chapter 440 or under Chapter 250.[1]Compare, Andrews v. State of Arizona, 53 Ariz.

Atkins v. State, Department of Highway Safety & Motor Vehicles

Court: Fla. Dist. Ct. App. | Date Filed: 1980-05-12T00:00:00-07:00

Citation: 383 So. 2d 313, 1980 Fla. App. LEXIS 16617

Snippet: injuries, whether under Chapter 440 or under Chapter 250.1 Compare, Andrews v. State of Arizona, 53 Ariz. 475

Bernstein v. Dwork

Court: Fla. Dist. Ct. App. | Date Filed: 1975-10-21T00:53:00-07:00

Citation: 320 So. 2d 472

Snippet: claims or to order separate trials under RCP 1.250 and 1.270(b). Roberts v. Keystone Trucking Company,

Miles v. Ware

Court: Fla. Dist. Ct. App. | Date Filed: 1967-12-05T00:00:00-08:00

Citation: 204 So. 2d 524, 1967 Fla. App. LEXIS 4131

Snippet: on the plaintiff would amount to between $1,-250 and $1,350; and the injuries received by the plaintiff

Shelton v. Reeder

Court: Fla. | Date Filed: 1960-06-23T00:53:00-07:00

Citation: 121 So. 2d 145

Snippet: 10,500 (Pinellas, Hillsborough) 250,001-400,000 12,000 (Duval) 400,001-and

State ex rel. McCoy v. Bell

Court: Fla. | Date Filed: 1956-12-03T00:00:00-08:00

Citation: 91 So. 2d 193

Snippet: (g) From 120,000 to 250,000 7,000.00 (h) From 250,001 to 450,000 7,500.00 (i) Over 450,000 15,000.00

Tivas v. Tivas

Court: Fla. | Date Filed: 1940-05-07T00:00:00-08:00

Citation: 196 So. 175, 142 Fla. 703, 1940 Fla. LEXIS 1447

Snippet: used in such settlement; that he paid Hoffman $250 of the $1,300 for his services; that the $1,300, together