The 2023 Florida Statutes (including Special Session C)

Title XVII
MILITARY AFFAIRS AND RELATED MATTERS

Chapter 250
MILITARY AFFAIRS

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F.S. 250.34

250.34 Injury or death on state active duty.—

(1) Every member of the Florida National Guard who is injured or disabled while on state active duty must be furnished medical attention and necessary hospitalization at the expense of the state, and must be continued in a pay status on state active duty until a board of inquiry, appointed by the Adjutant General, determines that the disability no longer justifies such pay, hospitalization, or medical attention. However, such pay, hospitalization, or medical attention may not be provided for more than 1 year after the date that the injury or disability was incurred; and the injury or disability must have been incurred in the line of duty, may not have been due to the misconduct of the individual who was injured or disabled, and may not be a preexisting condition.

(2) The pay such individual is entitled to receive up to 1 year after the date of injury or disability shall be either the full military pay and allowances to which the individual would be entitled if on full-time state active duty or the amount of compensation provided under ss. 440.14 and 440.15, based on the individual’s average weekly wages in his or her civilian occupation or employment at the time of entry into state active duty during which such injury arose, whichever amount is greater. If a person receiving pay under this subsection obtains gainful employment, whether part time or full time, the pay that he or she is entitled to under this subsection shall be reduced during the duration of that gainful employment by an amount equal to the amount earned from that gainful employment.

(3) After the expiration of 1 year following the date of injury or disability, such individual shall be provided hospitalization, medical services and supplies, and compensation for wages and compensation for disability based on the average weekly wages of such injured individual on pay status in state active duty or in his or her civilian occupation or employment, whichever is greater, in amounts provided under chapter 440, as if such individual were covered under the Workers’ Compensation Law, except that payments made during the first year after the injury may not be duplicated after the expiration of that year. The Division of Risk Management of the Department of Financial Services shall process benefits under this subsection. The Division of Risk Management shall forward each January, to the Department of Military Affairs, an invoice of the payments and associated legal costs made under this subsection during the prior calendar year. The Department of Military Affairs shall incorporate the amount of the invoice in its annual legislative budget request that begins the following July. The Department of Military Affairs shall reimburse the Division of Risk Management for the invoiced amount upon receipt of the funds.

(4) Each member of the Florida National Guard who is killed, or who dies as the result of injuries incurred, while on state active duty under competent orders and while engaged in the performance of the member’s official duties qualifies for benefits as a law enforcement officer under ss. 112.19 and 112.1912 or any successor statute providing for death benefits for law enforcement officers, and the decedent’s survivors or estate are entitled to the death benefits provided in ss. 112.19 and 112.1912. However, this section does not prohibit survivors or the estate of the decedent from presenting a claim bill for approval by the Legislature in addition to the death benefits provided in this section. Each member of the Florida National Guard who is killed, or who dies as the result of injuries incurred, while on active duty qualifies for benefits as a member of the United States Armed Forces under s. 295.061, and the decedent’s survivors or estate are entitled to the death benefits provided in s. 295.061.

(5) Benefits may not be provided under this section for any injury or disability incurred by a member of the Florida National Guard during the period when the member was continued in a pay status on state active duty pursuant to subsection (1).

History.—s. 39, ch. 8502, 1921; CGL 2051; s. 3, ch. 14761, 1931; CGL 1936 Supp. 2051, 2053(1); s. 8, ch. 20849, 1941; s. 1, ch. 25112, 1949; s. 1, ch. 73-319; s. 66, ch. 79-40; s. 109, ch. 95-148; s. 2, ch. 95-422; s. 10, ch. 97-96; s. 29, ch. 2003-68; s. 269, ch. 2003-261; s. 7, ch. 2005-100; s. 5, ch. 2019-24.

Note.—Former s. 250.45.

F.S. 250.34 on Google Scholar

F.S. 250.34 on Casetext

Amendments to 250.34

Arrestable Offenses / Crimes under Fla. Stat. 250.34

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 250.34.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In BRADY, III, H., 110 B.R. 16 (Bankr. D. Nev. 1990)

. . . The IRS filed a secured claim for a 100 percent penalty of $47,-250.34, which is the unpaid employee . . .

SUPERINTENDENT OF INSURANCE OF STATE OF NEW YORK v. BAKER HOSTETLER,, 668 F. Supp. 1057 (N.D. Ohio 1986)

. . . Union Indemnity currently owes Baker $236,-250.34 for those services. . . .

VILLAGE OF FALSE PASS, v. C. CLARK,, 733 F.2d 605 (9th Cir. 1984)

. . . . § 250.34-4(a) (1982) (“Prior to approval of an exploration or development and production plan, ... . . . -1(a)(2)(i) (1982), and development and production plan, 30 C.F.R. § 250.34-2(a)(3)(i) (1982). . . . See 30 C.F.R. § 250.34-4(a) (1982); see also 43 U.S.C. § 1351(e) (OCSLA); 42 U.S.C. § 4332(2)(C) (NEPA . . . See 30 C.F.R. § 250.34-3(a)(1)(i)(G)(4) (1982) (exploration report; “identification of endangered species . . . and their habitats that could be affected”); 30 C.F.R. § 250.34-3(b)(1)(i)(F)(4) (1982) (development . . . . § 250.34-2(g)(2)(iii)(C) (1982). . . .

SECRETARY OF THE INTERIOR v. CALIFORNIA, 464 U.S. 312 (U.S. 1984)

. . . penetrations greater than 300 feet and that do not result in any significant environmental impacts. 30 CFR §250.34 . . .

VILLAGE OF FALSE PASS s U. v. G. WATT, V., 565 F. Supp. 1123 (D. Alaska 1983)

. . . prepare an Environmental Report (Exploration) for submission with the exploration plan. 30 C.F.R. § 250.34 . . . and current information available at the time the related exploration plan is submitted. 30 C.F.R. § 250.34 . . . out the related plan; and 7. environmentally sensitive or potentially hazardous areas. 30 C.F.R. § 250.34 . . . report containing information not otherwise contained in the related exploration plan. 30 C.F.R. § 250.34 . . . See, id. at 31; Alaska OCS order no. 7; 30 C.F.R. § 250.34-3. . . .

NORTH SLOPE BOROUGH v. D. ANDRUS, VILLAGE OF KAKTOVIK v. D. ANDRUS, VILLAGE OF KAKTOVIK v. D. ANDRUS, NORTH SLOPE BOROUGH v. D. ANDRUS, NATIONAL WILDLIFE FEDERATION v. D. ANDRUS, VILLAGE OF KAKTOVIK v. D. ANDRUS, NORTH SLOPE BOROUGH v. D. ANDRUS, Co. NATIONAL WILDLIFE FEDERATION v. D. ANDRUS, A. VILLAGE OF KAKTOVIK v. D. ANDRUS,, 642 F.2d 589 (D.C. Cir. 1980)

. . . See 44 Fed.Reg. 53686 (14 Sept. 1979), codified at 30 C.F.R. 250.34-1. . . .

ATKINS, v. STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, 383 So. 2d 313 (Fla. Dist. Ct. App. 1980)

. . . Section 250.34(1), states that members of the state militia who are “injured or disabled while in the . . .

NORTH SLOPE BOROUGH v. D. ANDRUS A. NATIONAL WILDLIFE FEDERATION v. D. ANDRUS A. VILLAGE OF KAKTOVIK v. D. ANDRUS A., 486 F. Supp. 326 (D.D.C. 1979)

. . . . § 250.34. . . .

SUN OIL COMPANY, THE SUPERIOR OIL COMPANY AND MARATHON OIL COMPANY v. THE UNITED STATES, 215 Ct. Cl. 716 (Ct. Cl. 1978)

. . . . § 250.34(a) (1964). . . . application for a permit to install a platform on a tract relative to lease implementation. (30 C.F.R. § 250.34 . . . The pertinent regulations (30 C.F.R. § 250.34 (1964)) required that a plan of development be submitted . . . Procedures governing the submission of a plan of development were set out in 30 C.F.R. § 250.34(b) (1964 . . . alio, to approve a plan of development and to issue an installation permit (30 C.F.R. §§ 250.11 and 250.34 . . .

SUN OIL COMPANY, v. UNITED STATES, 572 F.2d 786 (Ct. Cl. 1978)

. . . . § 250.34(a) (1964). . . . application for a permit to install a platform on a tract relative to lease implementation. (30 C.F.R. § 250.34 . . . The pertinent regulations (30 C.F.R. § 250.34 (1964)) required that a plan of development be submitted . . . Procedures governing the submission of a plan of development were set out in 30 C.F.R. § 250.34(b) (1964 . . . alia, to approve a plan of development and to issue an installation permit (30 C.F.R. §§ 250.11 and 250.34 . . .

COUNTY OF SUFFOLK, v. SECRETARY OF INTERIOR NATURAL RESOURCES DEFENSE COUNCIL, INC. v. SECRETARY OF INTERIOR M., 562 F.2d 1368 (2d Cir. 1977)

. . . In the meantime, under Department of Interior regulations, 30 CFR 250.34 as modified, OCS lessees must . . .

NEW YORK v. KLEPPE, SECRETARY OF THE INTERIOR,, 429 U.S. 1307 (U.S. 1976)

. . . exploratory drilling plans and development plans to the supervisor of the lease for approval. 30 CFR § 250.34 . . .

WRIGHT H. HUNTLEY v. THE UNITED STATES, 133 Ct. Cl. 226 (Ct. Cl. 1955)

. . . Eagle Talc Mine in 1953 produced talc in the following amounts: Tons Tons Jan. 1953_ 85 July 1953_ 250.34 . . .

UNITED STATES FIDELITY GUARANTY CO. v. METROPOLITAN NAT. BANK, 1 F. Supp. 514 (D. Minn. 1932)

. . . The Germania Bank on April 17, 1911, was taken over by the defendant, and a balance of $250.34 was in . . .