CopyAgo (Fla. Att'y Gen. 1984).
Published | Florida Attorney General Reports
...ommander in the active National Guard of the state." Section
250.40 (1), F.S. This provision goes on to charge the Armory Board "with the supervision and control of all military buildings and real property within the state applied to military uses." Section
250.20 , F.S., indicates and impliedly charges the post commander of each armory with the responsibility for the operation, maintenance, and repair of the armory facility, as well as the necessary expenses of the unit or units located at the...
...l agencies when not used for guard purposes, which rentals are for the purpose of providing additional funds for the operation and maintenance of the armories. You state that it is your opinion that it was the intent of the Legislature in enacting s 250.20 , F.S., "to provide authority for local deposits and accounting of funds accruing to Florida National Guard units and armories at the armory level." Section 250.20 , F.S., has nothing to do with rental fees received for the rental of the armories and armory facilities....
...This section pertains only to a monetary allowance appropriated to the Department of Military Affairs for purposes of the operation, maintenance, and repair of the armory facilities, and for necessary expenses of the units located at the armory. See, Ch. 83-300, Items #1293-1296, page 1718, Laws of Florida. Section 250.20 , F.S., therefore, does not provide authority to deposit rental fees outside the State Treasury in accounts in local banks....
...This provision goes on to provide: "All United States and state military property must be kept therein, and the commanders of troops using the armories will be held responsible for the safe-keeping and proper care of such property and its protection against misappropriation or loss." And s
250.20 (1), F.S., in relevant part, states: "There shall be paid quarterly to the post commander of each National Guard armory from funds appropriated to the Department of Military Affairs, upon approval of the Adjutant General, a monetary allowance based on a calculation of need as determined by the Adjutant General . . . . The allowance shall cover costs for the operation, maintenance, and repair of the armory facilities . . . ." Sections
250.40 , 250.41 and
250.20 , F.S., do not authorize the post commander or the Department of Military Affairs to delegate the responsibility for the safe-keeping and proper care, operation and maintenance of armory property and its protection against misappropriation or loss to anyone else....
...Nor do these provisions authorize the post commander to hire or appoint anyone else either full-time or part-time to perform these duties. Presumably, these part-time employees are being paid state funds and presumably they are being paid from funds under s 250.20 , F.S....
