The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Military and Veterans Affairs, Space, and Domestic Security
BILL: SB 438
INTRODUCER: Senator Burgess
SUBJECT: United States Space Force
DATE: January 10, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Lloyd Caldwell MS Pre-meeting
2. ATD
3. AP
I. Summary:
SB 438 updates definitions and references in the Florida Statutes relating to the “armed forces,”
“uniformed services,” and “peacetime service” to include the United States Space Force, the
newest Armed Force of the United States. The bill also re-enacts those sections of Florida
Statutes which reference the term “servicemember” to incorporate the amendment made to the
definition of “armed forces.”
SB 438 has no fiscal impact. The bill is effective July 1, 2022.
II. Present Situation:
The United States Armed Forces includes six components: Army, Marine Corps, Navy, Air
Force, Space Force, and Coast Guard and the reserve components of the Army and Air National
Guards. The United States Space Force was established as an independent branch of the
uniformed services under the Fiscal Year 2020 National Defense Authorization Act, the first new
Armed Force since the United States Air Force was authorized in 1957.
1
The effective date of the
Act was December 20, 2019.
2
This new branch is organized under the Department of the Air Force in a manner similar to how
the Marines are organized under the Department of the Navy and given the mission to organize,
train, and equip Guardians to conduct global space operations that enhance the way the country’s
1
Secretary of Defense, Memorandum for Chief Management Officer of the Department of Defense (December 20, 2019),
Establishment of the United States Space Force) available at https://media.defense.gov/2019/Dec/20/2002228281/-1/-
1/1/ESTABLISHMENT-OF-THE-UNITED-STATES-SPACE-FORCE.PDF?source=GovDelivery (last visited: November
17, 2021).
2
Public Law 116-92, div, A, title IX, s. 952(d), December 20, 2019, 133 Stat. 1562.
REVISED: BILL: SB 438 Page 2
joint and coalition forces fight while offering decision makers military options to achieve
national objectives.
3
The Space Force is created under Title X of the United States Code, Armed Forces and includes
the Regular Space Force, persons appointed or enlisted in or conscripted into, the Space Force,
and all Space Force units and other Space Force organizations which support combat, training,
administrative, and logistical elements.
4
The functions of the Space Force are specifically
identified in federal law to be organized, trained, and equipped to:
Provide freedom of operation for the United States in, from, and to space;
Conduct space operations; and
Protect the interests of the United States in space.
5
The Space Force also includes a Chief of Space Operations who serves at the Pleasure of the
President, by and with advice of the Senate. The Chief of Space Operations, who reports to the
Secretary of the Air Force, began serving as a member of the Joint Chief of Staff one year after
the effective date of the enabling federal legislation.
6
III. Effect of Proposed Changes:
Amends definition of “Uniformed Services” – Sections 1 and 2.
The definition of “uniformed services in ss. 61.703, F.S., and 97.021, F.S., is amended to
incorporate the newly created Space Force as the sixth Armed Force of the United States Armed
Forces and to align with changes made under the Fiscal Year 2020 National Defense
Authorization Act.
Amends statutory references which identify the individual armed forces to incorporate the
Space Force with the recognized list of Armed Forces – Sections 3, 5, 7, 11, 12, 13, and 14.
Section 115.01, F.S., relating to leaves of absence for military service; s. 163.3175, F.S., relating
to military installations; s. 210.04, F.S., relating to taxes on items sold at post exchanges, ship
service stores, slop chests, or base exchanges; s. 250,43, F.S., relating to the wearing of uniforms
and insignia of rank; s. 695.031, F.S., relating to affidavits and acknowledgements; s. 718.113,
F.S., relating to the maintenance and display of flags, hurricane shutters, or religious decorations;
s. 720.304, F.S., relating to the rights of owners to peaceably assemble, display the flag, and the
prohibition of SLAPP suits; and s. 790.25, F. S., relating to the lawful ownership of firearms and
other weapons are amended to add a reference to Space Force as the sixth Armed Forces unit of
the United States Armed Forces as created under federal law. This amendment to the Florida
Statutes will complement the federal legislation.
Renames Certain Military Installations – Section 4.
Section 163.3175, F.S., is amended to recognize the new names of Patrick Space Force Base,
previously known as Patrick Air Force Base and Cape Canaveral Space Force Station, previously
.
3
United States Space Force, About the United States Space Force, https://www.spaceforce.mil/About-Us/About-Space-
Force/ (last visited November 17, 2021).
4
10 U.S.C.s, 9081(b) (2019). The United States Space Force.
5
10. U.S.C. s 9082(c) (2019). The United States Space Force Operations.
6
10 U.S.C. s. 9082 (d), (e) (2019) Chief of Space Operations. BILL: SB 438 Page 3
known as Cape Canaveral Air Force Station. These installations were redesignated as Space
Launch Delta 45 on May 11, 2021.
7
Amends definition of “Armed Forces” and United States Armed Forces” – Sections 6, 8,
and 10.
The definitions of “Armed Forces,” “United States Armed Forces,” and “member of the armed
forces” are amended under ss. 250.01, F.S., 295.061, F.S., and 540.08, F.S., respectively, to
incorporate the newly established Space Force as one of the United States Armed Forces. Space
Force is added to the state statutes as one of the six components of the United States Armed
Forces to update state law with recent federal law changes.
Amends definition of “Peacetime service” – Section 9.
The definition of “Peacetime service” in s. 296.02, F.S., is amended to incorporate Space Force,
the newly created Armed Force within the Department of the Air Force and to align federal and
state law with those recent changes in federal law.
Incorporation of amendment and re-enactment relating to the term “servicemember” –
Sections 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25.
The bill amends the definition of “Armed Forces” which is referenced in the definition of
“servicemember” in s. 250.01(1)(19), F.S.
8
To incorporate the amendment made to the definition
of “Armed Forces” in the earlier sections of the bill, the following sections of statute where the
term “servicemember” are referenced are re-enacted:
Statutes Re-Enacted to Incorporate Space Force Inclusion
Bill Section Statute Section Short Title
15 373.324, F.S. License Renewal
16 409.1664, F.S. Adoption benefits for qualifying adoptive
employees of state agencies, veterans, and
servicemembers
17 520.14, F.S. Termination of retail installment contract for
leasing a motor vehicle by a servicemember
18 627.7283., F.S. Cancellation; return of unearned premium
19 689.27, F.S. Termination by servicemember of agreement to
purchase real property
20 790.015, F.S. Nonresidents who are United States citizens and
hold a concealed weapons license in another state;
reciprocity
21 790.06, F.S. License to carry concealed weapon or firearm
22 790.062, F.S. Members and veterans of United States Armed
Forces; exceptions from licensure procedures
23 790.065, F.S. Sale and delivery of firearms
7
Patrick Space Force Base, Patrick Space Force, Space Launch Delta 45 History, https://www.patrick.spaceforce.mil/history/
(last visited November 17, 2021).
8
Section 250.01(1)(d), F.S. defines “Servicemember” to mean any person serving as a member of the United States Armed
Forces on active duty or state active duty and all members of the Florida National Guard and United States Reserve Forces. BILL: SB 438 Page 4
24 790.0655, F.S. Purchase and delivery of firearms; mandatory
waiting period; exceptions, penalties
25 948.21, F.S. Condition of probation, community control;
military service members and veterans
Section 26 – Effective Date
The effective date of the bill is July 1, 2022.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
Since SB 438 was released, nine additional similarly situated statutory sections relating to the
Space Force have been identified. To ensure statutory consistency with the other changes BILL: SB 438 Page 5
proposed in SB 438, consideration could be given to modify these additional sections. The
identified sections and the complementary modification are described in the table below.
Supplemental Statutory Sections
Statutory Citation Technical Deficiency
s. 92.51, F.S. Adds Space Force to list of other Armed Forces.
s. 250.52, F.S. Adds Space Force to list of other Armed Forces.
s. 331.304, F.S. Amends names of certain Air Force Bases to Space Force
Bases.
s. 461.002, F.S. Adds Space Force to of other Armed Forces.
s. 466.002, F.S. Adds Space Force to a list of other Armed Forces.
s. 496.415, F.S. Adds United States Space Force to list of other Armed
Forces.
s. 817.312, F.S. Adds United States Space Force to list of other Armed
Forces groups.
s. 1000.36, F.S. Amends definition of “uniformed services” to include
Space Force.
s. 1003.51, F.S. Adds Space Force to definition of a “military student.”
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 61.703, 97.021,
115.01, 163.3175, 210.04, 250.01, 250.43, 295.061, 296.02, 373.324, 409.1664, 520.14, 540.08,
627.7283, 689.27, 695.031, 718.113, 720.304, 790.06, 790.062, 790.065, 790.0655, 790.015,
790.25, and 948.21.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.