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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
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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
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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
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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 Florida 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 c reated 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 chie f of all 99
military and guard forces of the state. The Florida State Guard 100
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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 the state , or to provide suppor t 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, enrolled, 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 have served at least 5 years as 113
a servicemember of the United States Armed Forces, United States 114
Reserve Forces, or Florida National Guard. The division shall be 115
a separate budget entity, a nd the director shall be its agency 116
head for all purposes. The Department of Military Affairs shall 117
provide administrative support and service to the division to 118
the extent requested by the director. The division shall not be 119
subject to control, supervisio n, or direction by the Department 120
of Military Affairs in any manner, including, but not limited 121
to, personnel, purchasing, transactions involving real or 122
personal property, and budgetary matters. The division is 123
responsible for the organization, recruitmen t, training, 124
equipping, management, and functions of the Florida State Guard. 125
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The director may establish a command, operational, and 126
administrative services structure to assist, manage, and support 127
the Florida State Guard in operating the program and deliv ering 128
services. 129
(4)(2) DEFINITIONS.—As used in this section: 130
(a) The terms "active duty," "armed forces," and "enlisted 131
personnel," "National Guard," and "rank" have the same meanings 132
as in s. 250.01. 133
(b) The term "department" means the Department of Military 134
Affairs. 135
(c) The term "director" means the director of the Division 136
of the State Guard. 137
(d) The term "division" means the Division of the State 138
Guard within the Department of Military Affairs. 139
(c) The term "officer" means an officer commiss ioned by 140
the Governor. 141
(d) The term "organized guard" means an organized military 142
force that is authorized by law. 143
(e) The term "warrant officer" means a technical 144
specialist commissioned as a warrant officer by the Governor. 145
(3) ADJUTANT GENERAL. —The Adjutant General is the 146
commanding general of the Florida State Guard subject at all 147
times to the Governor as commander in chief. The Adjutant 148
General is responsible for organizing, recruiting, training, 149
equipping, managing, and disciplining the Florida State Guard, 150
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including selecting units for activation by the Governor, 151
selecting candidates for commissioning by the Governor, and 152
approving applicants as enlisted personnel. 153
(5)(4) PERSONNEL.— 154
(a) Subject to approval by the Governor, the director 155
Adjutant General shall determine the number of volunteer 156
officers, warrant officers, and enlisted personnel necessary to 157
meet the staffing and operational requirements of the Florida 158
State Guard, and determine the volunteer structure specific 159
ranks and number of volunteer personnel within each component 160
unit of such structure rank. 161
(b) The Governor shall commission all volunteer personnel 162
officers and warrant officers of the Florida State Guard. 163
(c) Each applicant for the Florida State Guard shall meet 164
the following qualifications: 165
1. The applicant must shall be a citizen of the United 166
States and a resident of the state. 167
2. The applicant may not cannot have a felony conviction. 168
Each applicant shall submit a complete set of fingerprints and 169
all information required by state and federal law to process 170
fingerprints for purposes of conducting a criminal background 171
check. 172
3. The applicant may not be an active duty servicemember, 173
a member of the armed forces reserves, or a member of the 174
Florida National Guard. 175
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4. If the applicant is a former member of the armed forces 176
or of any military or naval organization of this state or 177
another state, the applicant must have been separated under 178
terms no less than a general discharge under honorable 179
conditions. 180
(d) The director Adjutant General shall establish minimum 181
standards for the age, physical and health condition, and 182
physical fitness of applicants based upon the component unit of 183
the Florida State Guard structure in which the applicant is 184
being considered for placement. However, an applicant being 185
considered for placement in a component unit that serves in an 186
active duty capacity within the Florida State Guard must be 187
subject to standards that which are no less than the standards 188
required for recruitment, en rollment, and retention in the 189
Florida National Guard. 190
(e) The director Adjutant General shall develop and 191
implement a code of regulations for the administration and 192
discipline of members of the Florida State Guard that shall 193
provide no less protection a nd impose no more severe sanctions 194
than as provided in s. 250.35, except that the director Adjutant 195
General shall not have no authority to impose any term of 196
incarceration. 197
(6) SPECIALIZED UNIT. —The director shall organize a 198
specialized unit within the F lorida State Guard. All members of 199
the specialized unit are vested with the authority to bear arms, 200
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detect, and apprehend while activated. In addition to the 201
requirements set forth in paragraph (5)(c), only those members 202
of the specialized unit who meet th e requirements in s. 943.13 203
and are certified as law enforcement officers as defined in s. 204
943.10(1) are authorized to have the same law enforcement 205
authority as the law enforcement agency in conjunction with 206
which they are 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 requireme nts for 212
members of the Florida National Guard under applicable 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 training. 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
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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 o f, 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
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emergency aid to civil authorities as specified in s. 252.38 ; 251
3. To augment any existing s tate 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 activatio n 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 in the course of active service at 265
rates established by the director, subject to approp riation 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 charge 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
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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 defined 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 St atutes, 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
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(3) LAWFUL USES.—The provisions of ss. 790.053 an d 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 other weapons, 304
ammunition, and supplies for lawful purposes: 305
(a) Members of the Militia, N ational 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 milit ary duty, or while 310
subject to recall or mobilization; 311
Section 6. This act shall take effect July 1, 2023. 312