CS/HB 1285 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1285-01-c1
Page 1 of 13
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the Florida State Guard; amending 2
s. 120.80, F.S.; providing that certain functions of 3
the Florida State Guard are not rules as defined by 4
ch. 120, F.S.; amending s. 250.44, F.S.; prohibiting 5
certain actions regarding clothing, arms, mil itary 6
outfits, and property of the Florida State Guard; 7
requiring certain information to be reported to the 8
director of the Division of the State Guard within the 9
Department of Military Affairs; providing a penalty; 10
amending s. 251.001, F.S.; providing a s hort title; 11
providing the scope of chapter 251, F.S.; revising 12
provisions relating to the creation and authorization 13
of the Florida State Guard; providing the authorized 14
maximum number of volunteer personnel of the Florida 15
State Guard; creating the Divisio n of the State Guard 16
within the Department of Military Affairs; providing 17
that the head of the division is a director appointed 18
by and serving at the pleasure of the Governor; 19
providing eligibility requirements for the director; 20
providing that the division is a separate budget 21
entity; requiring the department to provide 22
administrative support to the division; providing 23
division responsibilities; authorizing the director to 24
establish a services structure for certain purposes ; 25
CS/HB 1285 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1285-01-c1
Page 2 of 13
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
revising and providing definitio ns; removing 26
provisions establishing authority of the department 27
and the Adjutant General with respect to the Florida 28
State Guard; providing additional duties of the 29
division and director; revising qualifications for 30
applicants to the Florida State Guard; requiring the 31
director to organize and establish a specialized unit 32
within the Florida State Guard; providing criteria and 33
authority for members of the specialized unit; 34
revising the criteria for activation of the Florida 35
State Guard; requiring the divisio n to reimburse 36
members for per diem and travel expenses; authorizing 37
other compensation subject to appropriation; requiring 38
the director to adopt rules; conforming provisions to 39
changes made by the act; repealing ss. 251.01, 251.02, 40
251.03, 251.04, 251.05, 251.06, 251.07, 251.08, 41
251.09, 251.10, 251.11, 251.12, 251.13, 251.14, 42
251.15, 251.16, and 251.17, F.S., relating to the 43
Florida State Defense Force; amending s. 790.25, F.S.; 44
conforming provisions to changes made by the act; 45
providing an effective date. 46
47
Be It Enacted by the Legislature of the State of Florida: 48
49
Section 1. Subsection (20) is added to section 120.80, 50
CS/HB 1285 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1285-01-c1
Page 3 of 13
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Florida Statutes, to read: 51
120.80 Exceptions and special requirements; agencies. — 52
(20) FLORIDA STATE GUARD. —Notwithstanding s. 1 20.52(16), 53
the enlistment, organization, administration, equipment, 54
maintenance, training, and discipline of the Florida State Guard 55
are not rules as defined by this chapter. 56
Section 2. Subsection (3) of section 250.44, Florida 57
Statutes, is amended to read: 58
250.44 Military equipment regulations; penalties. — 59
(3) The clothing, arms, military outfits, and property 60
furnished by or through the state to any member of the militia 61
or the Florida State Guard , may not be sold, bartered, loaned, 62
exchanged, pledged, or given away. A person who is not a member 63
of the military forces of this state or the United States, or an 64
authorized agent of this state or the United States, who 65
possesses clothing, arms, military outfits, or property that is 66
unlawfully disposed of has no right, title, or interest therein, 67
and the clothing, arms, military outfits, or property shall be 68
seized and taken wherever found by any civil or military officer 69
of the state and delivered to any commanding officer or other 70
authorized officer, who must: 71
(a) If such clothing, arms, military outfits, or property 72
were issued by or are property of the militia, make an immediate 73
report to the Adjutant General. 74
(b) If such clothing, arms, military outfits, or property 75
CS/HB 1285 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1285-01-c1
Page 4 of 13
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
were issued by or are property of the Florida State Guard, make 76
an immediate report to the director of the Division of the State 77
Guard within the Department of Military Affairs. 78
79
The possession of any such clothing, arms, military outfits, or 80
property by any person not a member of the military forces of 81
this state, or any other state, or of the United States, is 82
presumptive evidence of such sale, barter, loan, exchange, 83
pledge, or gift and is punishable as provided in chapter 812. 84
Section 3. Section 251.001, Florida Statutes, is ame nded 85
to read: 86
251.001 Florida State Guard Act. — 87
(1) SHORT TITLE AND SCOPE. —This chapter may be cited as 88
the "Florida State Guard Act." This chapter shall be 89
supplemental to provisions relating to the organized militia in 90
chapter 250 other than the Flor ida National Guard. 91
(2)(1) CREATION AND AUTHORIZATION. —The Florida State Guard 92
is created to protect and defend the people of Florida from all 93
threats to public safety and to augment all existing state and 94
local agencies. The Florida State Guard is created as authorized 95
under federal law for use exclusively within the state, 96
activated only by the Governor under the specific limitations 97
created by this section , and is at all times under the final 98
command and control of the Governor as commander in chief of all 99
military and guard forces of the state. The Florida State Guard 100
CS/HB 1285 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1285-01-c1
Page 5 of 13
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
is created and authorized as a component of the organized guard 101
separate and apart from the Florida National Guard and shall be 102
used exclusively within th e state, or to provide support to 103
other states, for the purposes stated in this section and may 104
not be called, ordered, or drafted into the armed forces of the 105
United States. The authorized maximum number of volunteer 106
personnel that may be commissioned, en rolled, or employed as 107
members of the Florida State Guard is 1,500 400. 108
(3) DIVISION OF THE STATE GUARD. —The Division of the State 109
Guard is created within the Department of Military Affairs and 110
shall be headed by a director who shall be appointed by and 111
serve at the pleasure of the Governor, subject to confirmation 112
by the Senate. The director must be a former commissioned 113
officer of the United States Armed Forces, United States Reserve 114
Forces, or Florida National Guard who served at least 5 years , 115
or have served at least 5 years as a police executive or possess 116
training and experience in police affairs or public 117
administration. The division shall be a separate budget entity, 118
and the director shall be its agency head for all purposes. The 119
Department of Military Affairs shall provide administrative 120
support and service to the division to the extent requested by 121
the director. The division shall not be subject to control, 122
supervision, or direction by the Department of Military Affairs 123
in any manner, including, b ut not limited to, personnel, 124
purchasing, transactions involving real or personal property, 125
CS/HB 1285 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1285-01-c1
Page 6 of 13
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and budgetary matters. The division is responsible for the 126
organization, recruitment, training, equipping, management, and 127
functions of the Florida State Guard . The director may establish 128
a command, operational, and administrative services structure to 129
assist, manage, and support the Florida State Guard in operating 130
the program and delivering services . 131
(4)(2) DEFINITIONS.—As used in this section: 132
(a) The terms "active duty," "armed forces," and "enlisted 133
personnel," "National Guard," and "rank" have the same meanings 134
as in s. 250.01. 135
(b) The term "department" means the Department of Military 136
Affairs. 137
(c) The term "director" means the director of the Division 138
of the State Guard. 139
(d) The term "division" means the Division of the State 140
Guard within the Department of Military Affairs. 141
(c) The term "officer" means an officer commissioned by 142
the Governor. 143
(d) The term "organized guard" means an organized milit ary 144
force that is authorized by law. 145
(e) The term "warrant officer" means a technical 146
specialist commissioned as a warrant officer by the Governor. 147
(3) ADJUTANT GENERAL. —The Adjutant General is the 148
commanding general of the Florida State Guard subject at all 149
times to the Governor as commander in chief. The Adjutant 150
CS/HB 1285 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1285-01-c1
Page 7 of 13
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
General is responsible for organizing, recruiting, training, 151
equipping, managing, and disciplining the Florida State Guard, 152
including selecting units for activation by the Governor, 153
selecting candidates for commissioning by the Governor, and 154
approving applicants as enlisted personnel. 155
(5)(4) PERSONNEL.— 156
(a) Subject to approval by the Governor, the director 157
Adjutant General shall determine the number of volunteer 158
officers, warrant officers, and enlisted personnel necessary to 159
meet the staffing and operational requirements of the Florida 160
State Guard, and determine the volunteer structure specific 161
ranks and number of volunteer personnel within each component 162
unit of such structure rank. 163
(b) The Governor shall commission all volunteer personnel 164
officers and warrant officers of the Florida State Guard. 165
(c) Each applicant for the Florida State Guard shall meet 166
the following qualifications: 167
1. The applicant must shall be a citizen of the Unit ed 168
States and a resident of the state. 169
2. The applicant may not cannot have a felony conviction. 170
Each applicant shall submit a complete set of fingerprints and 171
all information required by state and federal law to process 172
fingerprints for purposes of cond ucting a criminal background 173
check. 174
3. The applicant may not be an active duty servicemember, 175
CS/HB 1285 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1285-01-c1
Page 8 of 13
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
a member of the armed forces reserves, or a member of the 176
Florida National Guard. 177
4. If the applicant is a former member of the armed forces 178
or of any military or naval organization of this state or 179
another state, the applicant must have been separated under 180
terms no less than a general discharge under honorable 181
conditions. 182
(d) The director Adjutant General shall establish minimum 183
standards for the age, physi cal and health condition, and 184
physical fitness of applicants which are no less than the 185
standards required for recruitment, enrollment, and retention in 186
the Florida National Guard. 187
(e) The director Adjutant General shall develop and 188
implement a code of r egulations for the administration and 189
discipline of members of the Florida State Guard that shall 190
provide no less protection and impose no more severe sanctions 191
than as provided in s. 250.35, except that the director Adjutant 192
General shall not have no authority to impose any term of 193
incarceration. 194
(6) SPECIALIZED UNIT. —The director shall organize a 195
specialized unit within the Florida State Guard which shall be 196
considered a criminal justice agency as defined in s. 943.045 197
while activated. In addition to th e requirements set forth in 198
paragraph (5)(c), all members of the specialized unit: 199
(a) Must meet the requirements in s. 943.13 and be 200
CS/HB 1285 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1285-01-c1
Page 9 of 13
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
certified as law enforcement officers as defined in s. 201
943.10(1). 202
(b) Are vested with the authority to bear arms, det ect, 203
apprehend, and make arrests while activated. 204
(c) Shall have the same law enforcement authority as the 205
law enforcement agency in conjunction with which they are 206
working when activated. 207
(7)(5) TRAINING AND EQUIPMENT. —The director Adjutant 208
General shall develop and implement a program for training for 209
members of the Florida State Guard. 210
(a) All training programs for the Florida State Guard 211
shall be at least equivalent to the training requirements for 212
members of the Florida National Guard under ap plicable federal 213
law at the time the training is conducted. As required by the 214
director Adjutant General, all members of the Florida State 215
Guard shall complete initial training within 180 days after 216
their appointment or enrollment and periodic ongoing trai ning. 217
(b) The director Adjutant General may provide for staff to 218
prepare and conduct training required in this section. The staff 219
may include members of the Florida National Guard whose duty 220
assignments may include conducting training under this section 221
but who may not be considered members of the Florida State 222
Guard. 223
(c) The division Adjutant General shall provide all 224
equipment necessary for the training and service of members of 225
CS/HB 1285 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1285-01-c1
Page 10 of 13
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the Florida State Guard and shall arrange and contract for the 226
use of sufficient and adequate facilities for training, 227
organizing, and all other purposes of the Florida State Guard . 228
Section 250.44 applies The provisions of s. 250.44 apply to the 229
allocation, delegation, use of, and accounting for all equipment 230
furnished under this section. 231
(d) The Adjutant General may make available for training 232
and other purposes under this section the facilities controlled 233
and operated by the department. 234
(8)(6) ACTIVATION AND DEACTIVATION OF THE FLORIDA STATE 235
GUARD.— 236
(a) The Florida State Guard, by component units or in 237
total, may be activated by order of the Governor : 238
1. During any period when any part of the Florida National 239
Guard is in active federal service and the Governor has declared 240
a state of emergency ;. The Florida State Guard may be activated 241
as part of an emergency order issued by the Governor or in a 242
separate executive order issued during a declared state of 243
emergency. 244
2.(b) The Florida State Guard may be activated only To 245
preserve the public peace, execute the laws of the state, 246
enhance domestic security, respond to terrorist threats or 247
attacks, protect and defend the people of Florida from threats 248
to public safety, respond to an emergency as defined in s. 249
252.34 or imminent danger thereof, or respond to any need for 250
CS/HB 1285 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1285-01-c1
Page 11 of 13
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
emergency aid to civil authorities as specified in s. 252.38 ; 251
3. To augment any existing state or local agency ; or 252
4. To provide support to other states under the Emergency 253
Management Assistance Compact as provided for in part III of 254
chapter 252. 255
(b)(c) The Florida State Guard shall be deactivated by the 256
expiration of the order of activation or by a separate order by 257
the Governor deactivating the Florida State Guard. 258
(9)(7) REIMBURSEMENT AND COMPENSATION. — 259
(a) The division shall department may reimburse members of 260
the Florida State Guard for per diem and travel expenses 261
incurred to attend required training or in the course of active 262
service as provided in s. 112.061. 263
(b) Members of the Florida State Guard may be compensated 264
for time spent training or i n the course of active service at 265
rates established by the director, subject to appropriation 266
Adjutant General. 267
(c) A No member of the Florida State Guard may not make 268
any purchase or enter into any contract or agreement for 269
purchases or services as a ch arge against the state without the 270
authority of the director Adjutant General. 271
(10)(8) EMPLOYMENT PROTECTION, SUSPENSION OF PROCEEDINGS, 272
LIABILITY, AND WORKERS' COMPENSATION. — 273
(a) The protections for members of the Florida National 274
Guard provided in ss . 250.48-250.483 and 250.5201 -250.5205 shall 275
CS/HB 1285 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1285-01-c1
Page 12 of 13
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
apply to each member of the Florida State Guard engaged in 276
required training or active service. 277
(b) Members of the Florida State Guard ordered into active 278
service or engaged in required training are not liable for any 279
lawful act done in performance of their duties under this 280
section while acting in good faith within the scope of those 281
duties. 282
(c) While activated or in training, members of the Florida 283
State Guard are considered volunteers for the state, as def ined 284
in s. 440.02(15)(d)6., and are entitled to workers' compensation 285
protections pursuant to chapter 440. 286
(11)(9) RULEMAKING AUTHORITY. —The director Adjutant 287
General, as head of the division department, shall adopt rules 288
to implement the provisions of this section. 289
(10) APPROPRIATION. —This section is subject to an 290
appropriation in the General Appropriations Act. 291
(11) EXPIRATION.—This section expires July 1, 2023. 292
Section 4. Sections 251.01, 251.02, 251.03, 251.04, 293
251.05, 251.06, 251.07, 251.08 , 251.09, 251.10, 251.11, 251.12, 294
251.13, 251.14, 251.15, 251.16, and 251.17, Florida Statutes, 295
are repealed. 296
Section 5. Paragraph (a) of subsection (3) of section 297
790.25, Florida Statutes, is amended to read: 298
790.25 Lawful ownership, possession, and use of firearms 299
and other weapons.— 300
CS/HB 1285 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1285-01-c1
Page 13 of 13
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06 301
do not apply in the following instances, and, despite such 302
sections, it is lawful for the following persons to own, 303
possess, and lawfully use firearms and othe r weapons, 304
ammunition, and supplies for lawful purposes: 305
(a) Members of the Militia, National Guard, Florida State 306
Guard Defense Force, Army, Navy, Air Force, Marine Corps, Space 307
Force, Coast Guard, organized reserves, and other armed forces 308
of the state and of the United States, when on duty, when 309
training or preparing themselves for military duty, or while 310
subject to recall or mobilization; 311
Section 6. This act shall take effect July 1, 2023. 312