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 Appropriations
BILL: CS/SB 438
INTRODUCER: Military and Veterans Affairs, Space, and Domestic Security Committee and Senator
Burgess
SUBJECT: United States Space Force
DATE: February 8, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Lloyd Caldwell MS Fav/CS
2. Wells Hrdlicka ATD Recommend: Favorable
3. Wells Sadberry AP Pre-meeting
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 438 updates definitions and references in the Florida Statutes to include the United States
Space Force, the newest branch of the Armed Forces of the United States. Specifically, the bill
adds the United States Space Force to several places in statute where exhaustive lists of armed
forces branches already exist.
The United States Space Force was created to conduct global space operations for the United
States’ joint and coalition forces. There are two United States Space Force facilities in Florida
operating under Space Launch Delta 45, a Space Force operational unit.
The bill has no fiscal impact. The bill is effective July 1, 2022, except as otherwise provided.
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 on December 20, 2019, the first new Armed Force since the United States
Air Force was authorized in 1947.
1
Historically, the United States Air Force was the armed
1
Secretary of Defense, Memorandum for Chief Management Officer of the Department of Defense – Establishment of the
United States Space Force, (December 20, 2019) available at https://media.defense.gov/2019/Dec/20/2002228281/-1/-
REVISED: BILL: CS/SB 438 Page 2
forces branch responsible for military space operations.
2
In 1982, the Air Force established the
Air Force Space Command with space operations as its primary mission.
3
The National Defense
Authorization Act for Fiscal Year 2020 redesignated Air Force Space Command as the United
States Space Force.
4
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.
5
Space Force is responsible for organizing, training, and equipping the members of Space Force
to conduct global space operations that enhance the operational capacities of the joint and
coalition forces of the United States armed forces.
6
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.
7
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.
8
The Space Force is headed by the Chief of Space Operations, who reports to the Secretary of the
Air Force.
9
Currently, there are two Space Force facilities in Florida: Cape Canaveral Space Force Station
and Patrick Space Force Base.
10
Both facilities operate under Space Launch Delta 45, a Space
Force operational unit responsible for operating the Eastern Range.
11
A “range” is an area in and
over which rockets are fired for testing and tracking.
12
The Eastern Range extends more than
10,000 miles from the Florida mainland through the South Atlantic and into the Indian Ocean.
1/1/ESTABLISHMENT-OF-THE-UNITED-STATES-SPACE-FORCE.PDF (last visited January 21, 2022). Pub. Law 116-
92, div, A, title IX, s. 952(d), 133 Stat. 1562.
2
David N. Spires, Beyond Horizons, A Half Century of Air Force Space Leadership (Air Force Space Command, 1998), 1-2,
available at https://media.defense.gov/2011/Jan/25/2001330110/-1/-1/0/AFD-110125-038.pdf (last visited January 21, 2022).
3
Air Force Space Command (Archived), Air Force Space Command History, available at https://www.afspc.af.mil/About-
Us/AFSPC-History/ (last visited on January 21, 2022).
4
Pub. Law 116-92, 133 Stat. 1561.
5
Pub. Law 116-92, 133 Stat. 1562. United States Space Force, About the United States Space Force, available at
https://www.spaceforce.mil/About-Us/About-Space-Force/ (last visited January 21, 2022).
6
United States Space Force, United States Space Force Mission, https://www.spaceforce.mil/About-Us/About-Space-
Force/Mission/ (last visited on Jan. 13, 2022).
7
10 U.S.C. 9081(b).
8
10 U.S.C. 9081(c).
9
10 U.S.C. 9082. United States Space Force, Chief of Space Operations, available at https://www.spaceforce.mil/About-
Us/About-Space-Force/Office-of-the-Chief-of-Space-Operations/ (last visited January 21, 2022).
10
Joe Wallace, Space Force Bases, available at https://militarybase.net/space-force-bases/ (last visited on January 21, 2022).
11
Space Launch Delta 45, Space Launch Delta 45 Mission, available at https://www.patrick.spaceforce.mil/About-Us/ (last
visited on January 21, 2022).
12
National Aeronautics and Space Administration, What is the “Range?” available at
https://www.nasa.gov/centers/kennedy/home/eastern_range.html (last visited January 21, 2022). BILL: CS/SB 438 Page 3
Space Launch Delta 45 launches space vehicles for the Department of Defense, NASA, and
commercial customers both domestic and international.
13
A number of Florida statutes specifically reference each recognized branch of the armed services
when necessary to implement the purpose of the statute.
III. Effect of Proposed Changes:
The bill updates various sections of the Florida Statutes to reflect the creation and operations of
Space Force as a separate branch of the armed forces.
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. Part IV of ch. 61, F.S., is related to the Uniform
Deployed Parents Custody and Visitation Act. Adding the Space Force to the definition of
uniformed services in this part includes such servicemembers in the act. The change in
s. 97.021, F.S., applies to the entire elections code, and thus includes members of the Space
Force in provisions related to voters in the uniformed services such as overseas/vote-by-mail
statutes.
14
Incorporation in Statutes that Specifically Identify Individual Armed Forces – Sections 2,
4, 6, 8, 9, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, and 23.
The bill amends the following sections to add the Space Force:
Section 92.51(1), F.S., related to oaths or acknowledgments administered by a commissioned
officer of the United States Armed Forces, to include Space Force in the list of branches of
the armed forces that can witness or administer oaths, affidavits, or acknowledgements.
Section 115.01, F.S., related to a leave of absence for military service, to include the Air
Force, Marine Corps, and Space Force in the list of branches of the armed forces mentioned
in the section; ch. 115, F.S., allows county or state officials or employees to take a leave of
absence to serve when called into active service for a foreign war.
Section 210.04(4)(a), F.S., related to an exemption to taxes for cigarettes sold on a post
exchange, ship store, or base exchange, to include Space Force in the list of branches of the
armed forces where such exemption applies.
Section 250.43(2), F.S., related the penalty for wearing the uniform of the armed forces when
not an officer or enlisted person in the armed forces, to include Space Force and the uniform
of Space Force in the list of branches and uniforms of the armed forces covered by the
prohibition.
Section 250.52, F.S., pertaining to the penalty for the unlawful solicitation or persuasion of a
citizen of the United States not to enlist in the armed forces, to include Space Force in the list
of branches of the armed forces covered by the statute.
Section 296.02(7), F.S., related to the Veterans’ Domiciliary Home of Florida Act, to include
Space Force in the definition of “peacetime service” as used in the act; veterans of the Space
13
United States Space Force, Space Launch Delta 45 Operations, https://www.patrick.spaceforce.mil/Units/Space-Launch-
Delta-45-Operations/ (last visited on January 21, 2022).
14
See ss. 97.053, 101.62, 101.6921, and 101.6923, F.S. BILL: CS/SB 438 Page 4
Force will be eligible for admission to the Robert H. Jenkins Jr. Veterans’ Domiciliary Home
in Lake City.
Section 461.002(3), F.S., related to exceptions to the regulations of podiatric medicine, to
include graduate podiatric physicians of Space Force.
Section 466.002(3), F.S., related to persons exempt from the regulations of dentists, dental
hygienists, and dental laboratories, to include graduate dentists or dental surgeons of Space
Force.
Section 496.415(6), F.S., related to prohibited acts regarding persons or organizations
soliciting funds, to prohibit a person from falsely stating that he or she is a member of the
Space Force.
Section 540.08(3), F.S., related to unauthorized publication of name or likeness for
commercial or advertising purpose, to prohibit a person from using the name, portrait, photo,
or other likeness of a member of the Space Force without the member’s consent.
Section 695.031(1), F.S., related to affidavits and acknowledgments by members of the
armed forces and their spouses during real estate conveyances, to include the Air Force and
Space Force in the list of branches of the armed forces whose members may acknowledge
any instrument before another commissioned officer.
Section 718.113(4), F.S., related to the regulation of condominium maintenance and display
of flags, to allow display of a Space Force flag by a unit owner, regardless of any declaration
rules or requirements for flags or decorations.
Section 720.304(2)(a), F.S., related to homeowners’ associations regulation of flag displays
by homeowners, to allow display of a Space Force flag by a homeowner, regardless of any
association covenants, restrictions, bylaws, rules, or requirements for flags or decorations.
Section 790.25(3)(a), F.S., related to to lawful weapons and firearms possession and use, to
include Space Force in the list of branches of the armed forces whose members are not
subject to certain open carry or concealed weapons laws when training or on duty.
Section 817.312(1)(a), F.S., related to the unlawful use of uniforms, medals, or insignias, to
prohibit a person from misrepresenting himself or herself as a member or veteran of the
United States Space Force.
Section 1000.36, F.S., to include Space Force in the Interstate Compact on Educational
Opportunity for Military Children, contingent upon SB 430 or similar legislation extending
the repeal date of the Interstate Compact on Educational Opportunity for Military Children
taking effect.
Section 1003.051(1)(b), F.S., related to the Purple Star Campus program, to include
dependents of members of the Space Force in the definition of military student.
Military Installation Names – 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.
15
15
Patrick Space Force Base, Patrick Space Force, Space Launch Delta 45 History,
https://www.patrick.spaceforce.mil/history/ (last visited November 17, 2021). BILL: CS/SB 438 Page 5
Section 163.3175, F.S., relates to compatibility of development with military installations.
Section 331.304(1), F.S., defines the state’s spaceport territories; Space Florida operates within
and around such areas in its activities to promote and foster the space industry in the state.
Additionally spaceports are the subject of several Florida Statutes, such as establishing a
temporary protection zone near a spaceport territory during a space launch under
s. 327.462, F.S.; exempting industrial machinery and equipment for use by a new business
conducting spaceport activities in a spaceport territory under s. 212.08, F.S.; and being including
in transportation planning for spaceport infrastructure and related transportation projects under
ch. 339, F.S.
Definition of “Armed Forces” and “United States Armed Forces” – Sections 7 and 10.
The bill amends the definitions of “armed forces” and “United States Armed Forces” under ss.
250.01 and 295.061, F.S., respectively, to incorporate the newly established Space Force as one
of the United States Armed Forces.
Section 295.061, F.S., relates to the death benefits of active duty servicemembers and the bill
includes members of the Space Force under these provisions.
The definition of armed forces under s. 250.01(4), F.S., is referenced in multiple other Florida
Statutes. For example, members of the Space Force would be covered under the Florida
Uniformed Servicemembers Protection Act in Part IV, ch. 250, F.S.
Reenactments Related to the Term “Servicemember” – Sections 24, 25, 26, 27, 28, 29, 30, 31,
32, 33, and 34.
Additionally, by amending the definition of “armed forces” in s. 250.01(4), F.S., the term
“servicemember” defined in s. 250.01(19), F.S., will cover members of the Space Force. The
term is used in multiple Florida Statutes, thereby extending the servicemembers of the Space
Force to be included in these statutes. These include s. 83.683, F.S., related to rental applications
by servicemembers; s. 320.07, F.S., related to provisions allow renewal of motor vehicle or
mobile home registrations that expire while the servicemember is on active duty; and enhanced
penalties under the Florida Unfair and Deceptive Trade Practices Act under s. 501.2077, F.S., for
violations involving victims that are service members.
To incorporate the change, the following sections of law where the term “servicemember” as
defined in s. 250.01, F.S., is specifically referenced are reenacted:
Statutes Re-Enacted to Incorporate Space Force Inclusion
Bill Section
Florida Statute
Section
Short Title
24 373.324 License Renewal (Active Well Contractors)
25 409.1664
Adoption benefits for qualifying adoptive employees of
state agencies, veterans, and servicemembers
26 520.14
Termination of retail installment contract for leasing a
motor vehicle by a servicemember BILL: CS/SB 438 Page 6
27 627.7283 Cancellation; return of unearned premium
28 689.27
Termination by servicemember of agreement to purchase
real property
29 790.015
Nonresidents who are United States citizens and hold a
concealed weapons license in another state; reciprocity
30 790.06 License to carry concealed weapon or firearm
31 790.062
Members and veterans of United States Armed Forces;
exceptions from licensure procedures
32 790.065 Sale and delivery of firearms
33 790.0655
Purchase and delivery of firearms; mandatory waiting
period; exceptions, penalties
34 948.21
Condition of probation, community control; military
service members and veterans
Section 35 – Effective Date
The effective date of the bill is July 1, 2022, except as otherwise provided.
Section 22, amending s. 1000.36, F.S., to include Space Force in the Interstate Compact on
Educational Opportunity for Military Children, is effective contingent upon SB 430 or similar
legislation extending the repeal date of the Interstate Compact on Educational Opportunity for
Military Children taking effect.
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 identified. BILL: CS/SB 438 Page 7
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
Adding reference to the United States Space Force in the various statutes has no fiscal
impact because the branch and its servicemembers were previously covered under the
statutes under the Air Force. The Air Force Space Command was redesignated as the
United States Space Force.
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, 790.015, 790.06, 790.062, 790.065, 790.0655, 790.25, 817.312, 948.21, 1000.36, and
1003.051.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial 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. BILL: CS/SB 438 Page 8
Florida Statute Section Short Description
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.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.