TALLAHASSEE, Fla. -- Florida Governor Jeb Bush signed Executive Order 01-261 September 7, 2001, four days before the WTC tragedy of Sept. 11, which paves the way for a declaration of martial law in his state. The governor, in his EO, delegated to, “...the Adjutant General of the state of Florida all necessary authority....to order members of the Florida National Guard into Active Service.”
Immediately after the second WTC tower fell, Governor Bush signed EO 01-262 to make Florida the first state to declare a state of emergency though his state did not experience any terrorist events that day. Governor Bush is reportedly the only governor in the U.S. outside of NY and D.C. to make a declaration of martial law in the wake of the WTC tragedy. Interestingly, Governor Bush's declaration came before authorities in New York or Washington, D.C. declared states of emergency.
The text (see italics above) of the little reported declared state of emergency that exists in Florida leaves little doubt that the state is currently functioning under martial law.
The Florida national Guard, like the national guard units in the several states, is operated under the authority of the state government. The national guard can also be called up under the orders of the federal government.
There is no sunset clause to this EO. Jeb Bush, the son of former President Bush and the brother of current President Bush, has signed an EO that will keep Florida in a perpetual state of martial law until the EO has been revoked.