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: CS\SB 438
INTRODUCER: Military and Veterans Affairs, Space, and Domestic Security Committee and Senator
Burgess
SUBJECT: United States Space Force
DATE: January 11, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Lloyd Caldwell MS Fav\CS
2. ATD
3. AP
I. Summary:
CS\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 renames two Air Force bases to Space
Force bases. 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.”
CS\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: CS\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 3.
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 within the recognized list of Armed Forces – Sections 2, 4, 6, 8, 9, 13, 14, 15,
17, 18, 19, 20, 21, 22, and 23.
Section 92.51, relating to oaths, affidavits, and acknowledgements; 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. 250.52, F.S., relating to being unlawful to persuade citizens not to enlist; s. 461.002, F.S.,
relating to exceptions in the practice of podiatric medicine in the Armed Forces; s. 466.022, F.S.,
relating to the practice of dentistry in the Armed Forces; s. 496.415, F.S., relating to prohibited
acts in connection with the planning, conduct, or execution of any solicitation of any charitable
or sponsor sales promotion where an individual falsely states or represents self; 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;
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
.
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: CS\SB 438 Page 3
as created under federal law; s. 817.312, F.S., relating unlawful use of uniforms, medals, and
insignia, s. 1000.36, F.S., relating to the Interstate Compact for Educational Opportunity for
Military Children; and s. 1003.051, F.S., relating to Purple Star Campuses. This change to the
Florida Statutes will complement the federal legislation.
Renames Certain Military Installations – Section 5 and 12.
Sections 163.3175 and 331.304, F.S., are 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 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 7, 10,
and 16.
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., 295,061, 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 11.
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 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, and 34..
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 change made to the definition of
“Armed Forces” in the earlier sections of the bill, the following sections of statute where the
term “servicemember” is referenced are re-enacted:
Statutes Re-Enacted to Incorporate Space Force Inclusion
Bill Section Statute Section Short Title
24 373.324, F.S. License Renewal
25 409.1664, F.S. Adoption benefits for qualifying adoptive
employees of state agencies, veterans, and
servicemembers
26 520.14, F.S. Termination of retail installment contract for
leasing a motor vehicle by a servicemember
27 627.7283., F.S. Cancellation; return of unearned premium
28 689.27, F.S. Termination by servicemember of agreement to
purchase real property
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: CS\SB 438 Page 4
29 790.015, F.S. Nonresidents who are United States citizens and
hold a concealed weapons license in another state;
reciprocity
30 790.06, F.S. License to carry concealed weapon or firearm
31 790.062, F.S. Members and veterans of United States Armed
Forces; exceptions from licensure procedures
32 790.065, F.S. Sale and delivery of firearms
33 790.0655, F.S. Purchase and delivery of firearms; mandatory
waiting period; exceptions, penalties
34 948.21, F.S. Condition of probation, community control;
military service members and veterans
Section 35 – 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. BILL: CS\SB 438 Page 5
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 61.703, 92.51,
97.021, 115.01, 163.3175, 210.04, 250.01, 250.43, 250.52, 295.061, 296.02, 331.304, 373.324,
409.1664, 461.002, 466.002, 496.415, 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, 817.312, 948.21, 1000.36, and
1003.051.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Military and Veterans Affairs, Space, and Domestic Security on January 11,
2022:
The CS incorporates nine additional similarly situated statutory provisions relating to the
Space Force which had not been included in the original bill. Those nine sections are
identified and described below:
Florida Statute Section Short Description
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 Armed Forces bases to Space
Force bases.
s. 461.002, F.S. Adds Space Force to list of other Armed Forces.
s. 466.002, F.S. Adds Space Force to list of other Armed Forces.
s. 496.415, F.S. Adds Space Force to list of other Armed Forces.
s. 817.312, F.S. Adds Space Force to list of other Armed Forces.
s. 1000.36, F.S. Amends definition of “uniformed services” to include the
Space Force.
s. 1003.51, F.S. Adds Space Force to the definition of a military student.
B. Amendments:
None. BILL: CS\SB 438 Page 6
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.