Florida Statute 250.40 - Full Text and Legal Analysis

250.40 Armory Board; creation; membership, terms, and compensation; duties and responsibilities.—

(1) There is created an Armory Board, which is charged with the supervision and control of all Florida National Guard armories, facilities, and real property within the state used for military purposes.

(2)(a) Voting members of the Armory Board include the Governor as Commander in Chief and chair of the board, the Adjutant General as vice chair, the Assistant Adjutants General of the Army, and major subordinate command commanders in the active Florida Army National Guard.

(b) A member of the board may request excusal from an Armory Board meeting by the Adjutant General or his or her designee. A member so excused may delegate his or her deputy commander or executive officer to attend the meeting as an alternate member with voting privileges.

(c) The Governor may appoint one representative from his or her staff to attend meetings of the Armory Board. The appointee shall serve as a nonvoting advisory member and liaison to the board.

(d) The State Quartermaster shall act as the recorder and secretary of the Armory Board. In addition, the State Quartermaster shall execute the policy, decisions, and official actions of the board. When the board is in recess, the State Quartermaster shall conduct the day-to-day business of the board. The State Quartermaster and his or her staff are not liable, civilly or criminally, for any lawful act done by them in the performance of their duty while acting in good faith and while acting in the scope of either state or federal duty.

(3) The term of each member of the Armory Board is the period during which the member possesses the title and qualifications for such membership provided in this chapter.

(4) The members of the Armory Board must perform the duties imposed upon them by this chapter without any special compensation for their services; however, members of the Armory Board are eligible for reimbursement for travel expenses as provided in s. 112.061, and such expenses must be paid from the expense appropriation from the Department of Military Affairs.

(5) The Armory Board must:

(a) Supervise and control all Florida National Guard armories, military buildings, and real property within the state used for military purposes.

(b) Consider and approve the plans for all armories and other buildings before such buildings are rented, constructed, or otherwise acquired for military purposes.

(c) Receive from counties, municipalities, and other sources donations of land, services, or money to aid in providing, operating, improving, and maintaining armories and other facilities used for military purposes. The national military policy recognizes the Florida National Guard as an important component of the United States Army and Air Force, and a member of the total force, sharing in the defense of the country. The Florida National Guard is available to assist the state and local governments in the event of an emergency. Therefore, it is reasonable and equitable that the expense of maintaining the Florida National Guard be shared by the federal, state, and local governments. As the Federal Government is providing liberally for the equipment and training of the Florida National Guard and the state for its administration, management, and maintenance, local governments are encouraged to provide services at no cost to Florida National Guard armories.

1. Any contributions of money, any moneys derived from the rental of armories and other facilities, the armory-operations allowances provided in s. 250.20, and all money collected through fines imposed by a court-martial or nonjudicial proceeding of the Florida National Guard, as provided in s. 250.36(6), shall be received on behalf of the Armory Board by the post commander of such facility and must be deposited into a federal depository, approved by the Department of Military Affairs, in an account in a banking institution in the county in which such facility is located.

2. The funds received shall be disbursed for the purposes enumerated in this subsection at the discretion of the post commander.

3. Any real property donated shall be held as other property for use by the state, and counties and municipalities may make donations of lands by deed or long-term lease and contributions of moneys for the purposes set forth in this section, and may issue bonds or certificates of indebtedness to provide funds for such purposes. Boards of county commissioners may levy taxes, not to exceed 1 mill, to provide funds for the construction of armories or for the retirement of bonds or certificates of indebtedness issued to provide funds for the construction of armories. Counties and municipalities may construct armories upon state-owned land, which may be made available for such purpose by action of the Armory Board. Counties and municipalities may also grant to the Armory Board, by deed or long-term leases, property that is acquired or buildings that are constructed for military purposes. Each local government is encouraged to provide economic incentives to reduce the cost of locating Florida National Guard facilities in its jurisdiction. A local government may appropriate funds to pay expenses of the Florida National Guard unit in its jurisdiction. Such funds will be received, accounted for, and dispersed as other funds received by the unit.

(d) Exercise the right of eminent domain to acquire private property for armories, buildings, and other facilities needed for military purposes, when in the public interest. Whenever it becomes necessary in the public interest to acquire private property, and the property cannot be acquired by agreement satisfactory to the Armory Board and the parties interested in, or the owners of, the private property, eminent domain may be used to condemn such property in the manner provided by law. Any suit or action brought by the Armory Board to condemn property, as provided for under this section, shall be brought in the name of the Armory Board; and the Department of Legal Affairs shall conduct the proceedings for and act as the counsel of the board in such matters.

(e) Accept and hold title to real property, by deed or long-term lease, from federal, state, or local governments, or from private interests, for use as armories or for other military purposes.

(f) Each unit commander shall provide for the safekeeping, accountability, and proper care of such property and for its protection against misappropriation or loss. An armory, while it is occupied and in use by troops, is a military post and must be under the control and jurisdiction of the post commander. A building that is not under the control and supervision of the post commander or other properly constituted military authority may not be used to house or train troops or to store military property.

(g) Supervise, manage, and maintain any permanent structures or facilities used for military purposes which are the property of the Department of Military Affairs or, if property of the United States, are provided to the Department of Military Affairs for military purposes. The Armory Board may provide for the maintenance and care of armories and other state facilities used for military purposes from any funds that are available for that purpose. All moneys accruing to the Armory Board from the operation, management, and sale of properties or facilities as authorized in this paragraph may be used for maintaining state properties under the control of the Armory Board.

(h) Convey, lease, or re-lease any real property under its ownership, supervision, or control which is no longer required for military purposes.

(i) Acquire, renovate, or construct armories needed for military purposes throughout the state.

(j) Enter into a lease-purchase, sale-leaseback, or tax-exempt leveraged lease contract or other financing arrangement for acquiring, renovating, or constructing needed facilities, subject to authorization by an appropriations act. Each capital outlay project or other contract, agreement, or transaction authorized under this paragraph must be specifically approved by the Legislature.

(k) Report annually to the Adjutant General on the proceedings incident to locating and managing armories and on the management of other property entrusted to the care of the Armory Board. The report must include a detailed account of all disbursements and be made a part of the annual report of the Department of Military Affairs.

History.—ss. 42, 43, 63, ch. 8502, 1921; s. 4, ch. 10185, 1925; s. 5, ch. 12089, 1927; CGL 2054, 2073; s. 6, ch. 20849, 1941; s. 1, ch. 25112, 1949; s. 19, ch. 63-400; ss. 11, 35, ch. 69-106; s. 1, ch. 84-174; s. 1, ch. 90-68; s. 113, ch. 95-148; s. 1, ch. 97-57; s. 38, ch. 2003-68; s. 5, ch. 2017-5; s. 6, ch. 2021-148.

Note.—Former ss. 250.48, 250.70.

Cases Citing F.S. 250.40

Fla. Stat. § 250.40 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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State v. Florida State Improvement Comm'n, 47 So. 2d 627 (Fla. 1950).
Cited 10 times | Published | Supreme Court of Florida | 1950 Fla. LEXIS 1059
...e State Armory Board or other properly constituted military authority to be used for military purposes. Some suggestion is made by the appellees that because of a certain legislative declaration with respect to national defense which is contained in section 250.40 (5) Florida Statutes 1941, as amended, F.S.A., the legislature has made it plain that the building of an armory by a county of the state for housing state militia now constitutes a county function and that county funds may lawfully be expended for the purpose....
...Section 2 made it the duty of the Legislature to provide laws for organizing and disciplining the militia of Florida; enact laws for the encouragement of volunteer corps and "the safe keeping of the public arms", and for a guard at the State Prison. Pursuant thereto the Legislature enacted Chapter 25112, Acts of 1949, Section 250.40, F.S.A., creating a State Armory Board. Among the duties of the Armory Board are to approve plans for armories and other buildings in Florida. Section 250.40(6) authorizes the Armory Board to receive from counties, municipalities and other sources, donations of land and contributions of money to aid in providing, improving and maintaining an arsenal, armories, camp site, target range and ot...
...The Board of County Commissioners are authorized to levy taxes, not to exceed one mill, to provide funds for the construction of armories or the retirement of bonds or certificates of indebtedness issued to raise funds for the construction of armories. Section 250.40(7): Counties and municipalities are authorized to construct armories on State owned lands which may be made available for such purposes by action of the Armory Board. Section 250.40(8): The counties and municipalities are authorized to grant to the State Armory Board, for military uses, by deed or long term leases, property which has been acquired or buildings which may have been constructed, for use as armories and rifle ranges. Section 250.40(10): The County Commissioners or municipal authorities may, in their discretion, appropriate a sufficient sum of money not otherwise appropriated, to pay the necessary expenses of any unit of the organized militia of Florida located in their respective counties or municipalities....
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Ago (Fla. Att'y Gen. 1987).
Published | Florida Attorney General Reports
...Lee, 163 So. 859 (Fla. 1935); AGO 71-28. Chapter 250 , F.S., Florida's Military Code, creates the Armory Board which is charged with "the supervision and control of all military buildings and real property within the state applied to military uses." Section 250.40 (1), F.S....
...r continuing appropriations." (e.s.) Funds collected by the Armory Board, except those for which other specific legislative provision exist, are to be deposited in the State Treasury, and subsequently expended pursuant to lawful appropriations. See, s. 250.40 (6), F.S., providing that certain contributions of money, moneys derived from the rental of armories and other facilities, and other specified moneys shall be received by the commanding officer of such facility, deposited in an account in a...
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Ago (Fla. Att'y Gen. 1984).
Published | Florida Attorney General Reports
...ilitary Affairs, s 250.05 , F.S. Armories are established throughout the state for purposes of housing the militia, conducting Florida National Guard business, and for the proper storage, repair and issuance of military property. See, ss 250.10 (2), 250.40 , and 250.41, F.S....
...he Armory Board of the state shall consist of the Governor, the Adjutant General, the state quartermaster, the general officers of the line, regimental commanders, group commander, and senior air commander in the active National Guard of the state." Section 250.40 (1), F.S....
...troops ordered out in active service of the state. My examination of Ch. 250 , F.S., leads me to the conclusion that these rental fees or charges are collected for the use of state property or facilities and are therefore state moneys. See, e.g., ss 250.40 and 250.41, F.S....
...the courts-martial outside the State Treasury in accounts in local banks. 1C. CONTRIBUTIONS BY COUNTIES, MUNICIPALITIES AND OTHER SOURCES. As to local sources of funds for providing and maintaining armories and other facilities, subsection (6) of s 250.40 , F.S....
...horized to levy taxes, not to exceed 1 mill, to provide funds for the construction of armories or for the retirement of such bonds or certificates of indebtedness issued to provide funds for the construction of armories. Subsections (5) and (6) of s 250.40 , F.S., clearly indicate the dual state and local purpose of the armories and the state militia....
...the expense of the maintenance of the National Guard be not only shared by the state with the Federal Government, but that it should properly be shared also by the counties, cities and other subdivisions of the state." See also, subsection (10) of s 250.40 , F.S., authorizing county commissioners or municipal authorities in their discretion to appropriate moneys to pay the necessary expenses of any unit of the organized militia located in their respective counties or municipalities....
...The Department of Military Affairs, as a state agency, is not authorized to receive such contributions, which are made to the Armory Board. Under the terms of the statute any contributions or appropriations made by local governments would be limited to the purpose stated. There is no authorization in s 250.40 , F.S., or any other provision of Ch....
...250 to maintain such moneys in local bank accounts. Therefore, pursuant to ss 215.31 , 215.32 and 18.101, F.S., such moneys must be deposited in the State Treasury. However, a separate trust fund within the State Treasury for such moneys limiting the use of such funds to the specified uses of s 250.40 , F.S., may be established pursuant to s 215.32 (2)(b), F.S....
...y are received for creation of trust fund either by legislature or by budget commission for purpose of receiving private contributions from persons or foundations to assist in law enforcement; such funds to be initially deposited in state treasury). Section 250.40 , F.S., read with s 215.32 (2), F.S., provide the authority for the Armory Board to receive such local contributions for specified military purposes and supplies the proper procedure for their deposit in a special segregated trust fund in the State Treasury and their eventual disbursement and expenditure....
...mental agencies is subject to the rule-making requirements of Ch. 120 , F.S. QUESTION THREE You also question the employment status of personnel employed at armory facilities for functions such as bookkeeping, maintenance and janitorial services. Subsection 250.40 (1), F.S., charges the Armory Board with the supervision and control of all military buildings and real property within the state applied to military uses, and subsection (2) of s 250.41, F.S., vests the responsibility for the general management and control of all existing armories in the Armory Board....
...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....

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Cases Citing F.S. 250.40

State v. Florida State Improvement Comm'n, 47 So. 2d 627 (Fla. 1950).

Ago (Fla. Att'y Gen. 1987).

Ago (Fla. Att'y Gen. 1984).