Florida Statutes 250.351 – Courts-martial; jurisdiction
Current as of: 2023 | Check for updates
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Terms Used In Florida Statutes 250.351
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- National Guard: means the Army National Guard and the Air National Guard. See Florida Statutes 250.01
- Offense: means a criminal charge under the Uniform Code of Military Justice. See Florida Statutes 250.01
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(1) Members of the Florida National Guard are subject to this chapter and the Florida Code of Military Justice, including the punitive provisions thereof, at all times during their enlistment or appointment, whether in civilian or military status and whether serving in this state or outside the state. Jurisdiction is based exclusively on membership in the Florida National Guard and not subject to any additional requirements.
(2) Subject matter jurisdiction is established if a nexus exists between an offense, either military or nonmilitary, and the state military force. Courts-martial under the Florida Code of Military Justice have primary jurisdiction over military offenses committed when not in the active service of the United States. A proper civilian court has primary jurisdiction over a nonmilitary offense when an act or omission violates both the Florida Code of Military Justice and local criminal law, foreign or domestic. In such a case, a court-martial may be initiated only after the civilian authority has declined to prosecute or has dismissed the charge, provided jeopardy has not attached. Jurisdiction over attempted crimes, conspiracy crimes, solicitation, and accessory crimes must be determined by the underlying offense. Courts-martial under the Florida Code of Military Justice may be initiated for offenses committed by a Florida National Guard member while in the active service of the United States only after the commander with authority over the offense under the Uniform Code of Military Justice has declined to prosecute or has dismissed the charge, provided jeopardy has not attached.
(3) Courts-martial may be convened and held in a unit of the Florida National Guard serving outside the state, and the court has the same jurisdiction and powers as if the courts-martial were held within the state. An offense committed outside the state may be tried and punished outside the state or within the state.