Booklet, Florida State Guard Regulations, Revised August 1, 1943

Militia

World War (1939-1945)

Booklet listing regulations for governing the organization, equipment, discipline, maintenance, training and operation of the Florida State Guard, a state militia force organized during World War II to replace the state's National Guard units, which had been nationalized.

Florida. Department of Military Affairs

State Archives of Florida, Series S1436

1943-08-01

Collins, Vivian Bramble, 1883-1955

booklets

eng-US

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Florida during World War II (1939-1945)

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Military and Veterans

Florida. State Guard

FLORIDA STATE GUARD REGULATIONS Revised August 1, 1943 MILITARY DEPARTMENT STATE OF FLORIDA OFFICE OF THE ADJUTANT GENERAL STATE ARSENAL, ST. AUGUSTINE

Military Department State of Florida Office of the Adjutant General State Arsenal, St. Augustine August 1, 1943 The following regulations governing the organization, equipment, discipline, maintenance, training, and operation of the Florida State Guard, are approved. By command of the Governor: Vivian Collins The Adjutant Genral Official: J.B. Rousseau Major, Retired Assistant.

August 1, 1943 FLORIDA STATE GUARD REGULATIONS SECTION I. 1. TYPE OF ORGANIZATION: The Florida State Guard shall consist of such units as may be required by the State for its internal security, and which can be adequately armed and equipped by the State. Each Rifle (Shotgun) Company shall consist of not less than one officer and fifty (50) enlisted men and not more than three officers and sixty-two (62) enlisted men. 2. ALLOCATION OF UNITS: a. Units will be allotted for activation on the basis of strategical need. b. Application for the organization of a unit will be made to the Governor, through the Adjutany General, upon FSG No. 22. It will bear the signature of not less than fifty (50) male citizens of the community who meet the standards listed below. 3. PERSONNEL : The personnel of the Florida State Guard shall consist of able-bodied males between the ages of 18 and 63 inclusive, who shall volunteer for such service. Membership does not constitute grounds for exemption from Federal military service under the provisions of the Selective Service Act. No person shall be commissionedor enlisted in such force who is not a citizen of the United States or who has been expelled or dishonorably discharged from any military or naval organization of this State, or of another State, or of the United Sates. a. Commissioned Personnel : (1) Commissioned Officers of the Florida State Guard shall be citizens of Florida between the ages of 21 and 63 years inclusive, and shall meet the follow-ing conditions Physical : Examination must insure such standards as will permit field service ; Professional : A minimum of one year's active service in the armed forces of the United States or of the State of Florida, or graduate of recognized military colleges, or from R.O.T.C. or C.M.T.C. Educational : Graduation from standard High School, or its equivalent.

3 (2) Each officer, upon appointment will receive a commission signed by the Governor. The term of Commission shall be subject to termination at the pleasure of the Governor. (3) Commissions in the Florida State Guard will terminate upon return of the Florida National Guard to State control; or upon reaching the age of 64 years; or at the pleasure of the Governor. (4) No nominee for appointment to commissioned office will exercise any function of such office until he has been duly appointed, has filed a bond (if bond is required), executed an oath of office under such appointment and is assigned to duty in orders. (5) Leaves of absence for officers within the limits of the State, for periods not to exceed thirty days may be granted by the Unit Commanders. Application for leaves of absence for periods greater than thirty days or for any period beyond the boundaries of the State will be submitted to the Adjutant General. (6) Vacancies in Commissioned grades occurring subsequent to the activation of a unit will be filled by State appointment upon the recommendation of the Unit Commander concerned. b. Enlisted Personnel: (1) Age Limitations: Will be as shown in paragraph 3, Personnel—18 to 68 years inclusive. (2) Term of Enlistment: Individuals eligible for enrollment will be enlisted for a period of three years unless sooner discharged by proper authority. On completion of enlistment in the Florida State Guard, an individual may re-enlist. (3) Physical Examinations: All applicants for enlistment will be required to satisfactorily pass a physical examination as hereinafter prescribed. The results of the physical examination will be entered on Form FSG 21 (Enlistment Record). (4) Enlistment Record: Form FSG 21 (Enlistment Record) will be accomplished in duplicate for all applicants for enlistment in accordance with instructions contained therein. The duplicate copy will be retained in the files of the unit in which the individual is enlisted and the original copy will be forwarded to the Adjutant General, State Arsenal, St. Augustine, Florida. (5) Separation from Service: Enlisted personnel of the Florida State Guard may be discharged for the following reasons: a. Convenience of State; b. Permanent removal of residence away from home station; c. Engagement in business which precludes proper performance of training duties;

4 d. Enlistment or induction in the armed forces of the United States; e. Upon becoming physically disqualified; f. Inaptness or misconduct; g. Fraudulent enlistment; h. Expiration of term of service. i. To accept commission. (6) Discharge: Application for discharge will be in letter form addressed to the Adjutant General through the Unit Commander concerned, and setting out the reason therefor. If approved by the Governor, special orders will be issued directing the discharge, and instructing the Unit Commander to accomplish and deliver the prescribed Certificate of Discharge which Certificate should bear the same date as that shown in the Special Order. | (7) Transfer of Enlisted Men: When an enlisted man changes his residence within the State he may be transferred by orders from the office of the Adjutant General, to a unit located at the place of his new residence provided a vacancy exists in such unit and provided his application for transfer received the approval of both Unit Commanders concerned. All transfers will be made in the grade of private. (8) Appointments, promotions and reductions of non-commissioned officers will be made by the Battalion Commander upon recommendation of Company Commanders. Appointments of Privates First Class will be made by Unit Commanders by Company Orders. Copies of all Orders affecting promotions and reductions of non-commissioned officers and Privates First Class will be furnished the Adjutant General when issued. (9) Furloughs for enlisted men may be granted, for periods not to exceed two months, by Company Commanders. For absences greater than two months the soldier should be discharged. 4. STANDARDS OF PHYSICAL REQUIREMENTS: a. General: No candidate for appointment as a commissioned officer or applicant for enlistment will be accepted for service in the Florida State Guard who has not passed a satisfactory physical examination as herein designated. b. Physical Requirements: Medical examiners will exercise care in the examination of candidates for appointment, promotion, or enlistment. Those persons whose general physical condition would handicap them in the performance of their duties as members of the Florida State Guard will be rejected. Persons suffering from any of the following will be rejected:

5 Serious defects of vision or hearing; Chronic discharge from the eyes or ears; Toxic condition associated with abnormal conditions of the thyroid or other ductless glands; Valvular disease of the heart; Tuberculosis; Epilepsy; Mental disease or deficiency; Irremediable defects of the teeth or feet; Venereal disease. c. Waivers: Upon the recommendation of the medical examiner and when approved by the unit commander, the Adjutant General may grant waivers for certain disqualifying defects for a candidate for appointment or promotions as an officer or for an applicant for enlistment. Such waivers shall cover the grade to which an officer is appointed or promoted and shall not continue in effect for further promotion unless approved by the Adjutant General. In the case of enlisted personnel, waivers shall be in effect only for the enlistment period covered by the waiver. d. Medical Examiners : Physical Examination may be made by any physician or surgeon licensed to practice in the State of Florida. Unit Commanders will arrange with medical examiners for the physical examinations without cost to the State. 5. UNIFORMS: a. The uniform of the Florida State Guard, will be dissimilar to and readily recognizable from uniforms adopted by the federal armed services, and consist of articles of clothing of such material, color, texture and weave as may be prescribed from time to time by the Adjutant General and published in Uniform regulations. b. Insignia : Officers will wear the insignia of rank, and non-commissioned officers will wear the chevrons of grade, as prescribed for similar ranks and grades in the Army of the United States. c. Uniforms will be worn only during properly prescribed assemblies. d. Uniforms will not be worn outside of the State of Florida without permission from the Adjutant General. 6. ADMINISTRATION : The Florida State Guard shall be governed, disciplined, trained and equipped in accordance with the provisions contained in the Military Code, State of Florida, insofar as may be practicable, and in accordance with such Florida State Guard regulations as may be promulgated by the Governor from time to time.

6 7. PAY: All members of the Florida State Guard shall serve voluntarily and without pay except when ordered to active duty by command of the Governor for field training or other active service when they shall receive the pay and allowance equivalent to that of the Regular Army according to rank or grade, as authorized in Sec. 250.33, Military Code, amended June 11, 1943. No pay shall accrue to any member of the Florida State Guard unless specifically authorized by The Adjutant General. 8. TRAINING: The training of the Florida State Guard will be conducted in conformity with training directives prepared by the State Guard Commander. A minimum of 48 assemblies of 2 hours each for armory drill and instruction, each year, is prescribed. 9. ARMORIES: a. State owned armories located in those cities in which a unit of the Florida State Guard is organized will, if practicable, be turned over by the Armory Board to such unit upon their application therefor. b. Where no State owned armory is available, applications for allotment of units will be accompanied by a statement, from appropriate civil authorities to the effect that housing facilities, containing adequate assembly room and safe, and secure storage for weapons will be furnished without cost to the State. 10. PROPERTY ACCOUNTABILITY: Bonds: Each Company Commander will be held both responsible and accountable for all arms, uniforms and equipment issued for use by his company, and shall furnish a bond, payable to the Governor of the State of Florida in the sum of $1,000.00 with such surety as may be required by the Adjutant General, conditioned for the faithful care and safekeeping of such public property as may be at any time committed to his custody. Applications for surety bonds will be filed by the Adjutant General and premiums will be paid by the State. 11. GIFTS — DONATIONS AND GRATUITIES: Public funds, not being available for complete equipment, or for maintenance as may be desired, organization commanders are authorized to accept gifts of weapons or other articles of military equipment and to accept donations of money and facilities, provided that no solicitation for such gifts, donations or gratuities shall be made from private individuals or concerns, and provided that scrupulous accounting to the Adjutant General be rendered, and that when the organization is disbanded, ownership to all property so received will revert to the Military Department of the State of Florida, or to the political subdivision of the State which makes the gift. 12. ORGANIZATION FUNDS: The term "Organization Funds" will be understood to mean all funds received by an

7 organization for its use and benefit, other than State funds issued for specific military purposes. For example, donations from counties or cities, or from any other sources, moneys realized from entertainments, subscriptions, or from the rental of armories (when that is authorized), allotments of profit from post exchanges, and similar sources, shall be known as "Organization Funds." a. These funds will be received and held in the custody of the Commanding Officer of the unit to which the fund pertains and with the approval and concurrence of company council, will be expended by such commanding officer in the purchase of articles to facilitate the transaction of military business; of articles of military equipment which cannot be furnished by the State or for providing increased comfort, pleasure, contentment and mental and physical development of personnel. The purchase of intoxicating liquor with organization funds is prohibited. b. There can be no fund maintained for or in connection with any unit separate or apart from the organization funds provided for under this regulation ; or which may be held in the custody of any officer or disbursed, except upon the approval of and with the authority, of a council of administration, regularly constituted, as provided for under this order. 13. INDEBTEDNESS : No purchases will be made or services employed as a charge against the organization funds of any unit which will involve an expenditure of more funds than are at the time actually on hand in the custody of the commanding officer and available for use. a. No indebtedness will be incurred as a charge against any organization, or its organization funds. Where any commitment for expenses is made in excess of funds on hand, it must be done under the personal guarantee and by assumption of personal responsibility for the amount involved by the Commanding Officer, and that individual responsibility, so assumed, must be made definitely clear to and be understood by the creditor at the time the purchase is made or service engaged. There is no authority for the maintenance of any military funds that are collected, contributed or cooperatively earned for the use of organizations of the Florida State Guard that are not treated as a part of organization funds and accounted for as prescribed under these regulations. Funds that may by any means accrue under the color of military control will not be otherwise held or disbursed, except under special authority from the Adjutant General. 14. LOANING PROHIBITED : The loaning of organization funds under any circumstances is prohibited. 15. CUSTODY OF FUNDS : The officer in command or in charge of an organization is the custodian of such funds, and

8 will be responsible under his bond for the safekeeping and proper accounting therefor. Such moneys in his custody will at all times be kept on deposit in a reputable banking institution to the credit of the official designation of the fund, as, for example—“Company Fund, Co. A, 1st Battalion, F. S. G., by Captain John Doe, Commanding,” or, as the case may be, and will be subject to check so drawn, signed by the organization commander. In no instance will organization funds be retained in the personal custody of commanding officers, or be kept on deposit by such officers in their own name, or subject to their individual checks. 16. COUNCILS OF ADMINISTRATION: The administration of organization funds, and decisions as to its use, shall at all times rest with a Council of administration. Such council shall be designated Company Council and will be composed of all officers of the unit and the three senior non-commissioned officers. a. Duties: The duties of a Council of administration for organization funds are: (1) To authorize all disbursements of the fund, and make recommendations as to the policies under which it is to operate; provided, however, that no disbursement shall be authorized without the approval of the commanding officer of the unit, to which the fund pertains. (2) To audit the fund account, examining the sources and methods by which the fund has accrued, and examining particularly into all disbursements, transfers and losses, and verifying securities and property listed. (3) The audit and examination of the organization fund provided for under the preceding sub-paragraph must be made within fifteen days after the close of each quarter of the calendar year, or upon the change of a custodian of the fund. Report that the audit has been made, with date of same and showing result, will be entered in the Council book over the signature of the President of the Council, attested by the Recorder. 17. ACCOUNTS: A Council Book will be kept in each organization and for each fund classed as “organization funds.”This book will contain a record of— (1) All receipts and expenditures on account of the fund. (2) Property or securities purchased from the fund. (3) Proceedings of all meetings of the Council of administration. (4) Evidence of transfers from one custodian to another. (5) All other transactions affecting the status of the fund. a. The entries in the Council Book will be dated as such entries are made; will refer to the pertaining voucher by serial number and show date of the actual receipt or disbursement of funds.

9 b. All erasures or alterations in the Council Book, or any other paper pertaining thereto must be initialed by the Custodian. 18. VOUCHERS: Every receipt or disbursement must be evidenced by a voucher and such vouchers must be numbered serially, preserved for at least a year after the closing of the quarterly accounting period to which it pertains and the inspection and audit of the fund by an Inspector General. a. Vouchers for moneys received may be an invoice, or be in the form of a statement prepared by the Custodian showing the source, or character of activity from which the moneys accrued. b. Vouchers for disbursements will be the receipts given by the firm, or individual to whom payments were made, and will be itemized as to purchasers and detailed so as to give full information as to services employed. c. Entries will be made at the time of a transaction and not be permitted to accumulate. d. All vouchers will be typewritten, or written with ink or indelible pencil. Any alterations will be authenticated with initials of the Custodian. | SECTION II. ACTIVE MILITARY DUTY WITHIN THE STATE 1. The necessity for a military force for State uses arises from the fact that back of the sovereign power of the State there must be adequate power for the enforcement of law and the preservation of the public peace. The instances where such a force is required usually occur in communities where mob spirit has been aroused and the civil authorities find themselves unable, for the time being, to cope with the situation. Occasionally disasters occur that disorganize the civil agencies of government, and troops are needed to protect public property and carry out measures of relief, as well as to give assurance that order will be maintained and to assist the civil authorities in enforcing the law. CLASSES OF ACTIVE DUTY DEFINED, 2. A condition of extreme disorder may sometimes arise, when the civil agencies of government are rendered entirely ineffective ; or a disaster may occur that is of such magnitude as to disorganize the civil government so that it is unable to function. In such cases the public interests require that the civil government be temporarily replaced by military rule. This involves the exercise of martial law. Happily the conditions under which martial! law must be put in effect are very rare. It has only been invoked once or twice in this State; notably on the occasion of the almost complete destruction of the City of Jacksonville by fire in 1901.

10 It frequently happens, however, that troops must be called out in aid of the civil authorities, which is a very different matter. Military rule does not, in the latter case, supersede the civil authority, but on the contrary, is used to sustain and strengthen it. Conditions may exist that render it necessary to entrust the execution of most all of the functions of local government to the military, such, for example as the exercise of all police power, yet this does not necessarily involve the exercise of martial law. The duty being so performed would be for the purpose of maintaining and supporting the civil authority. It is highly important that this distinction as to the character of service that may be performed by the State’s military force be fully understood by the public generally, and particularly by civil officials and the officers and members of the portion of the militia organized and designated as the Florida State Guard. In the minds of many people, including those in the military service, the terms “military law,” “martial law” and “military government” are frequently confused. It will be of advantage, therefore to define them. “Military law” is the law that governs the soldier, in peace, and in war, at home and abroad. ‘Martial law” is the means for preserving order that is put in effect by the sovereign power of the State, where the civil authorities are unable to maintain the public peace and enforce the law, and which is enforced by a military commander over the civilian population within a certain designated district. “Military Government” cannot be set up within the State by a military force. This term is only used to describe, in a technical sense, a type of government that may be set up by our national military forces beyond the territorial limits of the United States, in any enemy country, or in a country in which the United States may temporarily assume control over civil affairs. MARTIAL LAW 3. The term martial law is so loosely used as to cause much confusion of mind. It is often employed to denote any form of exercise of authority by the military over civilians. The mere appearance of a military force under arms in a disordered community is frequently accepted as an indication that martial law is in effect, whereas the troops may be present only to aid the civil authorities. As a matter of fact, the term “martial law” is a misnomer, in that it defines a situation in which law has become ineffective and in which the State has been obliged to establish military rule. In this connection it should be noted that “martial law” is not provided for by statute, or even in the State Constitution. ‘‘Martial law” is the exercise by the Government of the inherent right of self-defense by the use of military power when the processes of law are ineffective. With reference to the use of military power by a State, the Supreme Court of the United States has declared (Luther vs. Borden 7 How. 45) :

11 “The power is essential to the existence of every government, essential to the preservation of order and free institutions, and is as necessary to the States of the Union as to any other government. The State itselfmust determine what degree of force the crisis demands.” Martial law is only justified and proper when the courts are unable to function and the laws of the land cannot be duly enforced. From the above outline of what the institution of martial law involves, it is perfectly obvious that it should not be put in effect within the State except by the decision of the highest authority, its Chief Executive. Military Commanders will not therefore, attempt to employ it or to declare it in effect without the express authority of the Governor, made known by his proclamation. In a situation which seems to call for the exercise of martial law, the military commander present will report the facts, comprehensively, to the Governor, through the Adjutant General, and await instructions. Duty IN AID OF CIVIL AUTHORITIES 4. State Military Forces are most frequently called upon for active service to support the civil authorities in the execution of the law and the enforcement of order. This character of duty is defined by State statute as “Active duty in aid of the civil authorities.’”’ This term is more fittingly descriptive of the kind of duty to be performed than the term “riot duty,’’ sometimes employed. 5. Section 250.88 of the Military Code prescribes the purposes for which troops may be called out to aid the civil authorities, and prescribes how they are called out. As there has been some misunderstanding of this matter, it should be noted that the order of the Governor is required, and that troops cannot be called out by order of a county judge, sheriff or other civil official. Under the law, and the system of discipline prescribed for the military service, the orders of the Governor are communicated through the Adjutant General, and all communications from military commanders to the Governor are submitted through the Adjutant General who is the Chief of Staff and Executive Officer of the Commander-in-Chief in the administration of military affairs. Orders from the Adjutant General calling out troops are, therefore, the orders of the Governor. Section 250.88 of the Military Code contains the proviso, however, that if military aid is required, and civil officials are unable to get in touch with the Governor, they may communicate with The Adjutant General, who is given authority, in such cases, to act. CONDITIONS OF SERVICE—TACTICAL METHODS 6. Section 250.40 of the Military Code prescribes that when troops are called out in aid of the civil authorities, the military

12 commander shall report upon arrival in the disturbed area, to the civil official in authority there (normally the Sheriff of the County). The latter shall give directions to the military commander as to the general or specific objects to be accomplished, as for example, the guarding of a prisoner; the maintenance of order and enforcement of certain civil regulations within a prescribed area; the arrest of certain individuals; the suppression of a mob; clearing of the streets; protection of certain specified property; etc. The tactical direction of the troops in attaining the announced objective, the kind and extent of force to be used, and the particular method of operations to be employed, are matters to be determined only by the military commander. It is obvious, therefore, that the latter should be fully advised as to his responsibilities and powers, and have a thorough knowledge and good understanding of the tactical methods which it has been determined may most successfully be used in civil disturbances. A full acquaintance with the provisions of the State law concerning the employment of troops in aid of the civil authorities is of first importance. The tactical procedure recommended for “riot duty” is set out in War Department Basic Field Manual 27-15. ORDERS 7. Orders from the office of the Adjutant General calling out a body of troops for duty in aid of the civil authorities will be addressed to the Commanding Officer of the organization to be employed and will direct him to proceed with the troops under him to a given point for the purpose of aiding the civil authorities, there to report to the sheriff of the county or some other designated civil authority. If the service to be performed involves any unusual conditions which should be prepared for, the order will set forth this information. Upon the receipt of such an order the military commander receiving it will immediately call out the troops under him. a. Assembling for active duty: It should be a matter of constant investigation by responsible commanders that the squad system be so operated in each unit that corporals will have the names, addresses and telephone numbers of the enlisted men composing their squads; the sergeants who are chiefs of sections ; the names, addresses and telephone numbers of all members of the organization, should at all times be kept up to date and posted in the armory so that it will be available, in an emergency, to all concerned. Under this system an order to assemble the command can be expeditiously executed. In cases where all men have not been assembled at the time fixed for the organization to move, the commanding officer should leave a capable officer or noncommissioned officer with orders to assemble the remaining members of the unit and join the Command at earliest possible hour.

13 Where several units are called out, the commander may designate a single officer to perform this duty and require all unit commanders to supply that officer with lists of individuals to be assembled. It should be remembered, however, that it is an indication of the efficiency and effectiveness of an organization that its entire personnel can be assembled in emergency with the utmost promptitude. b. Acknowledgment of order: A military commander receiving an order calling out the troops under him for active duty in aid of the civil authorities will immediately acknowledge the receipt of such order by telegraphing or telephoning The Adjutant General, and indicate the action being taken under such order. c. Instructions from civil authorities: An officer commanding troops ordered out in aid of the civil authorities will require of the sheriff or other civil authority to whom he reports, specific instructions as to the co-operation required of the troops; this as contemplated under paragraph 7 of this regulation. The instructions of the civil authority should be in writing and in substantially the following form: " City, hour and date To the Commanding Officer Company ...... Florida State Guard Sir: You are hereby directed to protect the county jail of this County, situated at 421 Main Street, from threatened mob attack and to guard and protect the prisoners confined therein. You will also disperse any mob that may attempt to assemble in that vicinity, and will prevent idling or lounging in the streets near the jail, and you will arrest and turn over to the undersigned or my deputies any person or persons committing or attempting to commit any act of disorder. Richard Roe, Sheriff." DISCIPLINE 8. Section 250.39 of the Military Code prescribes special penalties for officers or soldiers who may receive an order calling them out for active duty and who may fail or refuse to comply with such order. The interests of discipline require that this provision of the law shall be enforced with firmness, and commanding officers of all units are required to initiate disciplinary action in all such cases. a. Conduct of the troops: The calling out of troops to aid the civil authorities in the maintenance of order and the enforcement of the law presupposes a special obligation upon those in the military service to obey the law themselves and to observe such standards of conduct as will entitle them to respect, and establish confidence and a sense of security in the minds of the civilian

14 element whose safety is entrusted to them. It is expected and required that military commanders will deal as severely as the law permits with any of those under them who may be guilty of unruly and unsoldierly conduct, or who may infringe upon the personal or property rights of the people whom they have been called out to protect. Any officer who may demonstrate unfitness for discharging the responsibility resting upon him will promptly be relieved from duty and the facts reported to superior military authority. TRANSPORTATION 9. In the absence of travel orders from the Adjutant General it is expected that the Transportation Division of the several County Defense Councils concerned will provide adequate transportation for all troop movements. Unit Commanders should confer with the Chairman of that division of the County Defense Council and perfect plans for expeditious movement. SUBSISTENCE 10. Provision for subsisting troops called out in aid of the civil authorities is made under Section 250.33 of the Military Code. a. Subsistence allowance for officers: The law authorizes an individual subsistence allowance of two dollars per day for all officers, irrespective of grades, when on active State duty. This allowance will be paid on the pay rolls, and no other expenditure for subsistence for officers can be made. b. Subsistence of enlisted personnel: Enlisted men of an organization called out for active service are entitled to subsistence from the time of assembly in their armories until their return to station and dismissal. Cooked meals may be purchased for enlisted personnel while on active State duty at not to exceed 60c per meal or $1.80 per man per day. c. In the case of cooked meals, the officer engaging the service will indorse upon each copy of the voucher, a certificate in the following form, changing the underscored words to fit the case: “This voucher covers cooked meals purchased for fifty enlisted men of Co. A, 5th Bn., F.S.G., on active duty at Plant City, being supper on December 20, and breakfast and dinner on December 21, 1941, a total of 150 meals. I certify that this account is correct and just. John Doe, Captain, F.S.G. Commanding Co. A, 5th Bn.”

15 The original and duplicate voucher when so prepared and endorsed, will then be delivered to the Commanding Officer of the body of troops on duty, for the approval of the latter and to be forwarded by him to The Adjutant General. d. No voucher covering purchases of subsistence will be approved or paid, if for an amount in excess of the allowance fixed under this paragraph, or if it covers a period for which subsistence of another character has been provided. e. Where cooked meals have been purchased for a period other than authorized under this paragraph, but under special authority from The Adjutant General, a copy of the letter or telegram containing the authorization must be attached to vouchers forwarded for settlement. Unless this is done, and unless the certification prescribed under section “c” of this paragraph appears on a subsistence voucher, it will be disapproved and returned by the senior commander to whom it is submitted. f. Subsistence in kind: Subsistence for the enlisted personnel may be purchased at a cost of not to exceed the following : When the tour of active State duty is 5 days or less, at the rate of 90 cents per day or thirty cents per meal, for the entire period of duty exclusive of the period of travel for which cooked meals are provided. When the tour of active State duty is more than 5 days at the rate of 75 cents per day or twenty-five cents per meal, for the entire period of duty, exclusive of the period of travel for which cooked meals were purchased. Preparation of subsistence vouchers: All purchases of subsistence stores will be covered by proper vouchers, which should be obtained by the officer making the purchase. Such vouchers will be typewritten or written in ink, and will be prepared in duplicate by the individual or concern furnishing the supplies. In the case of purchases of subsistence in kind, the officer making the purchase will endorse on each copy of the vouchers his certificate in substantially the following form, making such changes in the underlined words as will fit the case: “These supplies purchased for the subsistence of ............ (Unit designation) for the active duty period from and including supper on December 21 to and including dinner on December 26, 1941, a total of four and two-thirds days while on active duty at Jacksonville, Florida. I certify that this account is correct and just. John Doe, Captain, F.S.G. Commanding Co. A, 1st Bn.”

16 HOSPITALIZATION 11. Hospitalization: When because of injury or illness it is deemed best to commit an officer or soldier to a hospital for treatment, during a period when his organization is engaged in active service in aid of the civil authorities, telegraphic report will be submitted to The Adjutant General. a. Officers, warrant officers and enlisted men who suffer personal injury or who contract disease in line of active State duty and not as a result of their own misconduct are entitled to treatment at State expense, and shall be continued on active service until such time as the disability resulting from such injury or disease cannot be materially improved by further hospital treatment, not however to exceed a period of six months. For periods in excess of six months hospitalization and medical treatment may be provided if circumstances warrant such action. b. Line of duty: The term “In Line of Duty” does not mean merely that the person was on a duty status at the time injury was suffered or disease incurred, but that the injury or disease occurred while the person was on such duty status, was incident to such duty and not the result of misconduct on the part of the individual. c. Burial expenses: If the death of an officer, warrant officer, or enlisted man occurs in line of duty and not as a result of his own misconduct, while on active State duty, the State will pay for burial expenses and the return of the body to his home in a sum not to exceed $150.00. The items payable under this authority will be restricted to the cost of embalming, casket, boxing, undertaker’s fee, hearse, carriages in limited number, grave space, digging grave, return of the body to his home including the cost of transportation of an escort, if any. Escort to be transported at State expense is limited to one officer or enlisted man, or one relative or dependent of the deceased. The above allowance cannot be paid as a reimbursement but bona fide bills certified by the person rendering the service will be paid by the State of Florida. Reimbursements may be authorized for amounts expended for railroad ticket for remains and attendants, in which case a receipt for the money expended, properly certified will be submitted. Bills for services rendered under this authorization must be itemized and must show the date and the character or nature of the supplies furnished or services rendered. Voucher should be prepared with pen and ink or on the typewriter and after being certified by the person rendering the services, will be approved by the officer engaging the services or purchasing the supplies.

17 PURCHASES AND SERVICES 12. When a single unit is called into active service all authorized purchases will be made and services employed by its commanding officer. When more than one unit is called into service, the employment of authorized services and making of authorized purchases will be the function of the supply officer under the supervision and direction of the commanding officer. Requests for authority to employ services or make purchases not specifically authorized under this order will be made by the commanding officer. a. No disbursements will be made, nor purchases, nor services engaged on account of relief work, or for any purposes other than authorized expenses of operations for the troops, without special authority in each case, as required by Section 250.32 of the Military Code. b. Preparation of vouchers: All vouchers for purchases and services will be prepared in duplicate, in ink, and will be endorsed by the officer engaging the service or making the service, showing the organization or organizations served, the date, and the express certification over the officer’s signature that “This account is correct and just.” The vouchers will be obtained at the time the service is rendered or supplies delivered, and when certified, as above required, will be delivered to the Commanding Officer of the troops for his approval and to be forwarded by him for payment. c. Abstracts of expense vouchers: When one or more organizations are called into service, the Military commander should assemble all vouchers and if, upon examination, they are found correct, he should note his approval on each voucher, and forward them to The Adjutant General. Where there are a number of vouchers to be forwarded, they should be entered on an abstract, grouping them under the following headings: (1) Pay (2) Subsistence (3) Transportation (4) Medical supplies or services (5) Miscellaneous supplies and services ADDRESS 13. All official communications will be addressed to: The Adjutant General, State of Florida State Arsenal St. Augustine, Florida

18 Chapter 21783 No. 149 Senate Bill 431 An act to Amend Chapter 251, Florida Statutes 1941, Relating to the State Militia, by Providing that the Military Force by said Chapter Created shall be known as the “Florida State Guard’’. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA: Section 1. That Chapter 251, Florida Statutes 1941, be and the same is hereby amended so that the name or designation, “Florida Defense Force", wherever and whenever it appears in said Chapter, shall be made to read “Florida State Guard". Section 2. That all laws in conflict are hereby repealed. Section 3. That this Act shall become effective upon becoming a law. Approved by the Governor May 20, 1943. Filed May 20th, 1943. SECTION III. Chapter 20214 (No. 6), Laws of Florida Regular Session 1941 THE FLORIDA DEFENSE FORCE Approved April 22, 1941 Section 1. AUTHORITY AND NAME.—Whenever any part of the National Guard of this State is in active Federal service, the Governor is hereby authorized to organize and maintain within this State during such period, under such regulations as the Secretary of War of the United States may prescribe for discipline in training, such military forces as the Governor may deem necessary to assist the civil authorities in maintaining law and order. Such forces shall be composed of officers commissioned or assigned, and such able-bodied male citizens of the State as shall volunteer for service therein, supplemented, if necessary, by men of the State Militia enrolled by draft or otherwise as provided by law. Such forces shall be additional to and distinct from the National Guard and shall be known as the Florida Defense Force. Such Force shall be uniformed. Section 2. ORGANIZATION; RULES AND REGULATIONS. —The Governor is hereby authorized to prescribe rules and regulations not inconsistent with the provisions of this Act governing the enlistment, organization, administration, equipment, maintenance, training and discipline of such Force: Provided, such rules and regulations, insofar as he deems practicable and desirable, shall conform to existing law governing and pertaining

19 to the National Guard and the rules and regulations promulgated thereunder and prohibit the acceptance of gifts, donations, gratuities or anything of value by such Force or by any member of such Force from any individual, firm, association, or corporation, by reason of such membership. Section 3. PAY AND ALLOWANCES.—The members of the Florida Defense Force shall receive no pay and allowances except when called out on active duty, during which time they shall receive the same base pay and allowances as are now provided by law for the National Guard when on similar duty. Section 4. REQUISITIONS; ARMORIES; OTHER BUILDINGS.—For the use of such Force, the Governor is hereby authorized to requisition from the Secretary of War such arms and equipment as may be in possession of and can be spared by the War Department; and to make available to such Force the facilities of State armories and their equipment and such other State premises and property as may be available. Section 5. CALLING OUT THE FORCE.—The Florida Defense Force may be called out to aid the civil authorities as now provided by the law for calling out the National Guard; except that, whenever the Adjutant General would be authorized to call out the Florida Defense Force, but is unable to do so for any reason, his assistant shall have such authority. Section 6. USE WITHOUT THIS STATE.—Such Force shall not be required to serve outside the boundaries of this State except that any organization, unit or detachment of such Force upon order of the officer in immediate command thereof, may continue in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces beyond the borders of this State into another State until they are apprehended or captured by such organization, unit or detachment or until the military or police forces of the other State or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons: Provided, such other State shall have given authority by law for such pursuit by such forces of this State. Any such person who shall be apprehended or captured in such other State by an organization, unit or detachment of the Force of this State shall without unnecessary delay be surrendered to the military or police forces of the State in which he is taken or to the United States, but such surrender shall not constitute a waiver by this State of its right to extradite or prosecute such person for any crime committed in this State. Section 7. PERMISSION TO FORCES OF OTHER STATES. —Any military forces or organization, unit or detachment thereof, of another State, who are in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces may continue such pursuit into this State until the military or police forces of this State

20 or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons, and they are hereby authorized to arrest or capture such persons within this State while in fresh pursuit. Any such person who shall be captured or arrested by the military forces of such other State while in this State shall without unnecessary delay be surrendered to the military or police forces of this State to be dealt with according to law. This section shall not be construed so as to make unlawful any arrest in this State which would otherwise be lawful. Section 8. FEDERAL SERVICE.—Nothing in this Act shall be construed as authorizing such Force, or any part thereof, to be called, ordered or in any manner drafted, as such into the military service of the United States, but no person shall by reason of his enlistment or commission in any such Force be exempted from military service under any law of the United States. Section 9. CIVIL GROUPS.—No civil organization, society, club, post, order, fraternity, association, brotherhood, body, union, league, or other combination of persons or civil group shall be enlisted in such Force as an organization or unit. Section 10. DISQUALIFICATIONS.—No person shall be commissioned or enlisted in such Force who is not a citizen of the United States or who has been expelled or dishonorably discharged from any military or naval organization of this State, or of another State, or of the United States. Section 11. COMMISSIONED OFFICERS.—The term of commission in the Florida Defense Force shall be for three years, subject to termination at the pleasure of the Governor prior to the expiration of such period. The oath to be taken by officers commissioned in such Force shall be substantially in the form prescribed for officers of the National Guard, substituting the words Florida Defense Force where necessary, and omitting the reference to the President of the United States. Section 12. ENLISTED MEN.—The term of enlistment in the Florida Defense Force shall be for three years, subject to termination at the pleasure of the Governor prior to the expiration of such period. The oath to be taken upon enlistment in such Force shall be substantially in the form prescribed for enlisted men of the National Guard, substituting the words Florida Defense Force where necessary, and omitting the reference to the President of the United States. Section 13. ARTICLES OF WAR; FREEDOM FROM ARREST; JURY DUTY— (a) Whenever such Force or any part thereof shall be ordered out for active service the Articles of War of The United

21 States applicable to members of the National Guard of this State in relation to courts-martial, their jurisdiction and the limits of punishment and the rules and regulations prescribed thereunder shall be in full force and effect with respect to the Florida Defense Force. (b) No officer or enlisted man of such Force shall be arrested on any warrant, except for treason or felony, while going to, remaining at, or returning from a place where he is ordered to . attend for military duty. Every officer and enlisted man of such Force shall, during his service therein, be exempt from service upon any posse comitatus and from jury duty. Section 14. DISCHARGE OF FORCE.—The Florida Defense Force shall be discharged by the Governor upon the return of the National Guard to State control, or within thirty days thereafter. Section 15. EXPENSES.—The expenses incurred in carrying | out the provisions of this Act shall be paid from the fund for | current expenses of the Military Department, by whatever name or title such fund shall be known and designated, upon requisition of the Adjutant General, approved by the Governor. Section 16. SAVING CLAUSE.—If any section, part of section, provision or clause of this Act shall be held to be unconstitutional, ineffective, invalid, inapplicable or void, then such holding shall not affect the constitutionality, effectiveness, validity or applicability of any other section, part of section, provision or clause of this Act, it being expressly declared to have been the intention of the Legislature, in such event, to have passed this Act with such unconstitutional, ineffective, invalid, inapplicable or void portion eliminated. Section 17. REPEAL.—All laws and parts of laws in conflict herewith are hereby repealed. Section 18. SHORT TITLE.—This Act may be cited as the Florida Defense Act. Section 19. EFFECTIVE DATE.—This Act shall take effect immediately upon its becoming a law. Approved by the Governor April 22, 1941. Filed in Office Secretary of State April 22, 1941. SECTION IV. EXTRACTS FROM MILITARY CODE, STATE OF FLORIDA Applicable to FLORIDA DEFENSE FORCE Section 24. ORGANIZATION NOT TO LEAVE COUNTY WITHOUT PERMISSION.—No Company of the National Guard

22 shall go out of the county in which it is stationed, except by permission of the Governor, nor shall any organization go out of the State without first securing such permission. Section 36. COMMANDING OFFICER MAY ORDER CERTAIN PLACES CLOSED IN OR NEAR CAMP.—When any part of the militia of Florida is in active service by the order of the Governor or other civil magistrate, to aid in the enforcement of the laws, the commanding officer of such troops may order the closing of any places where arms, ammunition, dynamite or other explosives, are sold, and forbid the selling, bartering, lending or giving away of any of said commodities in the city, town or village where the troops are on duty, or in the vicinity of such place, for so long as any of the troops remain on duty in said vicinity. Such orders shall take effect whether any civil officer has issued a similar order; and the commanding officer of such troops may continue said prohibition in force until the departure of the troops, although the sheriff, mayor or intendent of the county, city, town or village, may have prescribed an earlier or different date after which such selling, bartering, lending or giving away shall be carried on. Section 38. POWERS OF COMMANDING OFFICERS IN ACTIVE SERVICE.—The commanding officer of troops in camp, garrison, or other active service shall have the power to incarcerate, and detain until such person can be turned over to the civil authorities, any person guilty of drunkenness, breach of the peace, or disorderly conduct, within one mile of such camp, garrison, or station. Such commanding officer shall also have authority to abate any menace to the health or safety of his command, within one mile of his camp, garrison or station. Section 44. COURTS-MARTIAL.—Courts-martial in the State of Florida, shall be of three kinds, namely: First, general courts-martial; second, special courts-martial; third, summary courts-martial. They shall be constituted and have cognizance of the same subjects, and possess like powers, except as to punishment, as similar courts provided for by the laws of the United States for the National Guard. The proceedings of courts-martial shall be assimilated to the forms and modes of procedure prescribed for like courts organized under the Articles of War and the Federal rules and regulations for the government of the National Guard. Section 45. GENERAL COURTS-MARTIAL.—General courts-martial in the Florida National Guard may be convened by order of the Governor, and such courts shall have the power to impose fines not exceeding Two Hundred ($200.00) Dollars; to sentence

23 to confinement, provided that such sentence of confinement shall not exceed one day for each dollar of fine authorized; to forfeiture of pay and allowances; to reprimand; to dismissal or dishonorable discharge from the service; to reduction of noncommissioned officers to the ranks; provided, however, that any two or more of such punishments may be combined in the sentence herein authorized to be imposed by such courts. Section 46. SPECIAL COURTS-MARTIAL.—When not in the active service of the United States, the commanding officer of each garrison, fort, post, camp, or other place, brigade, detached regiment, or separate battalion, or other detached or separate command, may appoint special courts-martial for his command; but such special courts-martial may, in any case, be appointed by superior authority when by the latter, deemed desirable. Special courts-martial shall have power to try any person subject to military law, except a commissioned officer, for any crime or offense made punishable by the military laws of the United States or of the State of Florida; and such special courts-martial shall have the same powers of punishment as do general courts-martial, except that fines imposed by such special courts-martial shall not exceed one hundred dollars ($100.00). Section 47. SUMMARY COURTS-MARTIAL.—When not in active service of the United States the commanding officer of each garrison, fort, post or other place, regiment, detached or separate battalion, or company or other detachment of the Florida National Guard, may appoint for such place or command a summary court to consist of one officer who shall have power to administer oaths and to try the enlisted men of such place or command for breaches of discipline and violations of the laws governing such organizations; and said court when satisfied of the guilt of such soldier or soldiers may impose fines not to exceed Twenty-five ($25.00) dollars for any single offense; to sentence to confinement; provided that such sentence to confinement shall not exceed one day each dollar of fine authorized to be imposed; or may sentence to forfeiture of pay and allowances. The proceedings of such summary court shall be informal, the minutes thereof shall be made and preserved, and in all respects shall be, as far as practicable, identical with the proceedings of similar courts of the Army of the United States. Section 48. SHERIFF’S COSTS IN SUMMARY COURT TRIALS.—In trials by summary court, the sheriff’s costs and fees, including cost of subsisting the soldier or soldiers, if sentenced to confinement, shall be paid by the county in which the summary court convenes and exercises its jurisdiction and powers. Such costs, fees and subsistence charges to be made from the fines and forfeiture fund of any such county.

INDEX Page Accountability—Property ..... 6 Accounts .................... 8 Act—Legislative FSG......... 18 Act—Legislative FDF ........ 18 Active Military Duty ......... 9 Administration ............. 5, 8 Aid to Civil Authority ........ 11 Allocation of Units ........... 2 Allowance for Subsistence ... 14 Appointment—N. C. O.’s ...... 3 Appointment—Officers ........ 4 Armories .................... 6, 19 Articles of War—Applicable .. 20 Assembly for Active Duty ..... 12 Authority, Commanding Officers in Active Service ........... 18 Authority to Close Certain Places ....... ............... 22 Bonds—Accountable Officers .. 6 Burial Expenses ............. 16 Civil Authorities, Aid to ...... 11 Commissions .................... 3 Compensation for Injury or Death ..................... 16 Conduct of Troops ........... 13 Cooked Meals ................ 14 Council of Administration ..... 8 Courts-Martial ............... 23 Discharge ....................4, 20 Discipline ..................... 13 Enlistments .................... 3 Examinations ................... 3 Federal Service.............. 20 Funds, Organization.......... 6 Furloughs ................... 4 General Courts-Martial ....... 22 Gifts and Donations .......... 6 Hospitalization ............... 16 Indebtedness .................. 7 Jury Duty ..................... 20 Leaves of Absence ........... 3 Legislative Acts.............. 18 Line of Duty, FSG............ 16 Martial Law ................. 10 Medical Examiners ........... 5 Officers .................... 2 Orders—Active Duty ......... 12 Organization Fund ........... 6 Pay For State Service ........ 6 Permission to Forces of Other States ....................... 19 Personnel—Commissioned ..... 2 Personnel—Enlisted.......... 3 Physical Examinations ...... 3, 4 Professional Requirement for Officers .................... 2 Property Accountability ...... 6 Purchases and Services ....... 17 Qualification—Enlisted Men... 3 Qualification—Officers’........ 3 Separation From Service...... 3 Service Without The State .... 19 Special Courts-Martial........ 23 Subsistence .................. 14 Subsistence—Vouchers ........ 15 Summary Court .............. 23 Tactical Methods ............. 11 Termination of Enlistment .... 3 Training ..................... 6 Transfers .................... 4 Transportation .............. 14 Travel ...................... 14 Type of Organization ......... 2 Uniform ...................... 5 Vacancies—Officers............ 8 Vouchers—Burial .............. 16 Vouchers—Organization Funds... 17 Vouchers—Subsistence ......... 14 Waivers—Physical ............. 5