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: SM 826
INTRODUCER: Senator Wright
SUBJECT: Florida National Guard
DATE: January 10, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Brown Caldwell MS Pre-meeting
2. RC
I. Summary:
SM 826 is a memorial to the Congress of the United States, urging Congress to impel the United
States National Guard Bureau to review resource allocations to the Florida National Guard and
allow an increase to the state’s force structure.
The memorial requires copies to be dispatched to the President of the United States, Speaker of
the United States House of Representatives, and each member of the Florida delegation to the
United States Congress.
A memorial is an official legislative document addressed to Congress, the President of the
United States, or some other governmental entity that expresses the will of the Legislature on a
matter within the jurisdiction of the recipient. A memorial requires passage by both legislative
houses but does not require the Governor’s approval nor is it subject to a veto.
II. Present Situation:
National Guard and the National Guard Bureau
The National Defense Act of 1916
1
established the National Guard Bureau as a separate unit of
the militia division of the federal government.
2
In 1948, the Secretary of Defense of the United
States Department of Defense issued an order designating the National Guard Bureau as a joint
bureau of the Departments of the Army and Air Force.
3
Today, the National Guard Bureau
oversees each of the 54 National Guards in U.S. states and territories.
4
1
National Defense Act of 1916, H.R. 12766 (Public, No. 85) (June 3, 1916).
2
National Archives, Guide to Federal Records, Records of the National Guard Bureau (NGB), available at
https://www.archives.gov/research/guide-fed-records/groups/168.html (last visited Dec. 2, 2021).
3
Id.
4
National Guard, National Guard Fact Sheet, Army National Guard (FY2005), May 3, 2006, available at
https://www.nationalguard.mil/About-the-Guard/Army-National-Guard/Resources/News/ARNG-Media/FileId/137011/.
REVISED: BILL: SM 826 Page 2
The National Guard is unique among militia in that it serves the country in both the local
community and overseas. The dual mission of a Guard member means that each member serves
through both the National Guard of the state and through the U.S. Army or the U.S. Air Force.
5
The collective membership of each National Guard is designated as its force structure. The force
structure of each National Guard is allocated by the National Guard Bureau.
6
Florida National Guard
The Florida National Guard goes back in time to 1565, when Spanish founders of St. Augustine
organized a company of citizen-soldiers to protect the local community.
7
A member of the
Florida National Guard serves either in the state Army National Guard or in the state Air
National Guard, considered a reserve component of each of those armed forces.
8
Overseeing the
National Guard as a federally-recognized officer, the adjutant general is appointed by the
Governor and subject to Senate confirmation.
9
As adjutant general, the officer is responsible for
training and operations of the National Guard.
10
The adjutant general must have served in the
Florida National Guard for the preceding 5 years and attained the rank of colonel or higher.
Ranked above adjutant general is the Governor, who serves in this role as commander-in-chief of
all militia in the state.
11
Recent Duties of the Florida National Guard
In the past decade, state Guard members have been mobilized to multiple overseas deployments
and assigned to assist and respond to natural disasters, domestic security, and Covid-19
vaccinations. For the Covid-19 response alone, the National Guard dedicated 2,906
servicemembers and 660,657 total days.
12
Since September 11, 2001, more than 25,000 Florida
National Guard members have been mobilized to respond to out of-state and overseas
operations.
13
Demographics
The force structure of the Florida National Guard is comprised of nearly 12,000 members
14
,
while Florida is the third most-populous state, estimated at nearly 22 million residents.
15
The
Department of Military Affairs states that the force structure in proportion to the state population
5
Id.
6
10 USC 10503 (1).
7
Dep’t of Military Affairs, Home, available at https://dma.myflorida.com/ (last visited Nov. 30, 2021).
8
Section 250.01(3), (6), and (13), F.S.
9
Section 250.10(1), F.S.
10
Florida National Guard, The Adjutant General of Florida, available at https://fl.ng.mil/leadership/Pages/The-Adjutant-
General-of-Florida.aspx (last visited Dec. 1, 2021).
11
Section 250.06(1), F.S.
12
Major General James O. Eifert, The Adjutant General, The Florida National Guard, Dep’t of Military Affairs, Florida
National Guard Update Brief, PowerPoint Presentation Oct. 12, 2021 before the Senate Committee on Military and Veterans
Affairs, Space, and Domestic Security, pg. 5, available at Florida National Guard.Presentation.pdf (flsen.gov) .
13
Id. at 6.
14
Florida National Guard, supra note 10.
15
World Population Review, Florida Population, available at https://worldpopulationreview.com/states/florida-population
(last visited Dec. 2, 2021). BILL: SM 826 Page 3
ranks Florida 53rd out of the 54 states and territories of the United States that have a National
Guard.
16
In the past 30 years, the state’s population doubled, while the force structure of the
National Guard declined in number.
17
Along with the state’s low positioning of Guard members
to population, Florida is considered to be a disaster-prone state. The state is ranked 5th in most
FEMA-declared disasters of all states in the last 70 years, and 3rd in most damage from natural
disasters per household of all states in the nation.
18
Moreover, geographically Florida is a large
state with a significant coastline exposing the state to damaging hurricanes and climate change.
19
More than 17 million Floridians live within 30 miles of coastline.
20
If the federal government approved a force structure of the Florida National Guard based solely
on state population, Florida would have 25,000 guard members, more than double the current
12,000.
21
Adding to the inequity between members and population, the state’s population is
expected to increase by 5 million people this decade.
22
Congressional Support for Increased Funding and Allocation
On March 24, 2021, members of the Florida Congressional Delegation sent a written request to
both the Secretary of the United States Department of Defense and the Chief of the National
Guard Bureau.
23
In their request, Congress members asked for more equitable funding and
resource allocation for the state National Guard. These members of Congress based their request
on the disproportionality between the state population compared to the size of the structure force,
along with the state’s unique vulnerability to continuing disasters.
24
On June 1, 2021, members of Congress representing California, Texas, and Florida sent a written
request to the Secretary of Defense for an increased allocation for the National Guard particular
to these states
25
. In support, Congress members cite that California, Texas, and Florida rank at
the lowest level of structure force to population and at the top for highest percentage of largest
counties in the United States, and that these states expect to receive a disproportionate future
increase in migration.
26
16
Department of Military Affairs, 2022 Agency Legislative Bill Analysis (Nov. 30, 2021) (on file with the Senate Committee
on Military and Veterans Affairs, Space, and Domestic Security). The analysis provides that “There are approximately
12,000 National Guardsmen in Florida, based on our population there should be between 18,000 and 21,000 Guardsmen to
assist the State in times of need.”
17
Major General James O. Eifert, supra note 12 at 9.
18
Id.
19
Id.
20
Id.
21
Id.
22
Id.
23
Letter from members of the Florida Congressional Delegation to Secretary Lloyd J. Austin III, U.S. Dep’t of Defense and
Chief Daniel R. Hokanson, National Guard Bureau, March 24, 2021 (on file with the Senate Committee on Military and
Veterans Affairs, Space, and Domestic Security).
24
Id.
25
Letter from members of the California, Texas, and Florida Congressional Delegations to Secretary Lloyd J. Austin, U.S.
Dep’t of Defense, June 1, 2021 (on file with the Senate Committee on Military and Veterans Affairs, Space, and Domestic
Security).
26
Id. BILL: SM 826 Page 4
Memorial
A memorial is an official legislative document addressed to Congress, the President of the
United States, or some other governmental entity that expresses the will of the Legislature on a
matter within the jurisdiction of the recipient. A memorial requires passage by both legislative
houses but does not require the Governor’s approval nor is it subject to a veto.
III. Effect of Proposed Changes:
The bill is a memorial to the Congress of the United States, urging Congress to impel the United
States National Guard Bureau to review resource allocations to the Florida National Guard and
allow an increase to the state’s force structure.
The memorial requires copies to be dispatched to the President of the United States, Speaker of
the United States House of Representatives, and each member of the Florida delegation to the
United States Congress.
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.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None. BILL: SM 826 Page 5
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
None.
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.