Fla. Stat. 250.31
Liability of members of the organized militia; defense of actions or proceedings

(1)

Members of the Florida National Guard ordered into state active duty or full-time National Guard duty or ordered into federal training or duty 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. For purposes of this section, Florida National Guard personnel serving in any drug interdiction program under the authority of the Governor are in state active duty.

(2)

In any action or proceeding of any nature, civil or criminal, commenced in any court by any person or by the state against any member of the Florida National Guard because of any act done or caused, ordered, or directed to be done, the defendant in such action or proceeding, upon his or her request, shall be defended at the expense of the state by a qualified attorney designated by the Department of Legal Affairs. However, this section does not prohibit such defendant from employing his or her own private counsel at the defendant’s own expense.

(3)

A defendant may be ordered to state active duty with full pay and allowances for the time his or her presence is required in defense of such actions or proceedings.

(4)

In any such action or proceeding, if the plaintiff dismisses his or her suit, or a verdict or judgment in favor of the defendant is entered, the court shall award costs and reasonable attorney’s fees incurred by the state and the defendant in the defense of such action or proceeding.

Source: Section 250.31 — Liability of members of the organized militia; defense of actions or proceedings, https://www.­flsenate.­gov/Laws/Statutes/2024/0250.­31 (accessed Aug. 7, 2025).

250.01
Definitions 250.02
Militia 250.03
Military law of the state 250.04
Naval militia 250.05
Department of Military Affairs 250.06
Commander in chief 250.07
Florida National Guard 250.08
Florida National Guard organized 250.09
Appropriations, property, and equipment 250.10
Appointment and duties of the Adjutant General 250.12
Appointment of commissioned and warrant officers 250.16
Authority to incur charge against state 250.18
Commissioned officers and warrant officers 250.19
Expenses for travel on military business 250.20
Armory operations 250.22
Retirement 250.23
Pay for state active duty 250.24
Pay and expenses 250.25
Governor and Chief Financial Officer authorized to borrow money 250.26
Transfer of funds 250.28
Military support to civil authorities 250.29
Duty of officer receiving order to provide emergency aid to civil authority 250.30
Orders of civil authorities 250.31
Liability of members of the organized militia 250.32
Commanding officer’s control of arms sales 250.33
Powers of commanding officer on state active duty 250.34
Injury or death on state active duty 250.35
Military justice 250.36
Mandates and process 250.37
Expenses of courts-martial 250.38
Liability 250.39
Penalty for contempt 250.40
Armory Board 250.43
Wearing of uniform and insignia of rank 250.44
Military equipment regulations 250.45
Military uniform discriminated against 250.46
Salaried employees not entitled to additional pay 250.47
Governor’s permission for unit to leave state 250.48
Leaves of absence 250.49
Annual encampment 250.51
Insult to troops 250.52
Unlawful to persuade citizens not to enlist 250.115
Department of Military Affairs direct-support organization 250.116
Soldiers and Airmen Assistance Program 250.175
Trust funds 250.245
Florida National Guard Joint Enlistment Enhancement Program 250.341
Cancellation of health insurance 250.351
Courts-martial 250.375
Medical officer authorization 250.481
Reserve components 250.482
Troops ordered into state active service 250.483
Active duty 250.4815
Professional license of servicemember not to expire while member on federal active duty 250.5201
Stay of proceedings where troops called out into state active duty or active duty 250.5202
Actions for rent or possession by landlord during state active duty 250.5204
Installment contracts for purchase of property 250.5205
Mortgages, trust deeds, etc. 250.5206
Family Readiness Program

Current through Fall 2025

§ 250.31. Liab. of members of the organized militia; defense of actions or proceedings's source at flsenate​.gov