This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1285.SAC
DATE: 3/10/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1285 Florida State Guard
SPONSOR(S): Giallombardo
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) State Affairs Committee Mwakyanjala Williamson
2) Appropriations Committee
SUMMARY ANALYSIS
Federal law authorizes each state, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the
Virgin Islands to create and maintain organized units other than their respective National Guard units. These
separate units, called “defense forces,” are for use exclusively within the jurisdiction as considered necessary
by the Governor or chief executive of such jurisdiction but may not be called, ordered, or drafted into federal
service.
Led by the Governor as commander-in-chief, the Florida National Guard consists of organized, armed,
equipped, and federally recognized commissioned officers, warrant officers, and enlisted personnel who are
citizens of the United States or who have declared their intention to become citizens of the United States.
The Florida State Defense Force was created in 1941 in order to supplement the state’s National Guard, which
had been federalized into service during World War II. The Florida State Defense Force was deactivated and
disbanded in 1947 after the return of the state’s National Guard.
The Florida State Guard (FSG) was created in 2022 as a component of the organized guard of the state
separate and apart from the Florida National Guard, and is a volunteer force that assists federal, state, and
local government agencies and civil relief organizations during impending or actual emergencies in Florida.
The FSG will sunset on July 1, 2023.
The bill repeals the FSG’s expiration date, making it a permanent component of the state militia. The bill
revises the structure of the FSG by creating a Division of the State Guard (Division) within the Department of
Military Affairs as a separate budgeting entity, headed by a director appointed by the Governor and confirmed
by the Senate. The bill also eliminates the duties and powers granted to the Adjutant General to administer the
FSG and instead, provides that the director will have those duties and powers.
The bill requires the director to organize a specialized unit within the FSG, which is considered a criminal
justice agency while activated, and provides that members of the unit must meet certain minimum
requirements.
The bill repeals sections of law pertaining to the Florida State Defense Force and makes other conforming
changes.
The bill will have an indeterminate fiscal impact on state government.
STORAGE NAME: h1285.SAC PAGE: 2
DATE: 3/10/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
National Guard
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
Under current federal law, the Secretary of Defense, in
consultation with the Chairman of the Joint Chiefs of Staff and the Secretaries of the Army and the Air
Force, allocates the unit structure and strength authorizations for the National Guard in each state.
4
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
Defense Forces
Federal law authorizes each state, the Commonwealth of Puerto Rico, the District of Columbia, Guam,
and the Virgin Islands to create and maintain organized units other than their respective National Guard
units. These separate units, called “defense forces,” are for use exclusively within the jurisdiction as
considered necessary by the Governor or chief executive of such jurisdiction but may not be called,
ordered, or drafted into federal service.
6
Membership in such an organized service does not exempt
any individual from service in the armed forces of the United States
7
but a member of the reserve
component of the armed forces
8
may not be a member of a local defense force.
9
Currently, 23 states
and the Commonwealth of Puerto Rico have organized defense forces separate from their National
Guard units.
10
Florida National Guard
The Florida National Guard (FLNG) consists of organized, armed, equipped, and federally recognized
commissioned officers, warrant officers, and enlisted personnel who are citizens of the United States or
who have declared their intention to become citizens of the United States. The FLNG has separate
Army and Air Force components that are subject to the Departments of the Army and the Air Force,
respectively.
11
The Governor is the commander in chief of all militia of the state
12
and is responsible for
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 March 10, 2023).
3
Id.
4
10 U.S.C. s. 10503.
5
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/ (last
visited March 10, 2023).
6
32 U.S.C. s. 109(c).
7
32 U.S.C. s. 109(d).
8
The reserve component of the armed forces includes the Army National Guard and the Air National Guard in addition to
the Army, Navy, Marine Corps, Air Force, and Coast Guard Reserves. See 10 U.S.C. s. 10101.
9
32 U.S.C. s. 109(e).
10
Alaska, California, Connecticut, Florida, Georgia, Indiana, Louisiana, Maryland, Massachusetts, Michigan, Mississippi,
New Mexico, New York, Ohio, Oregon, Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia,
and Washington.
11
S. 250.07, F.S.
12
Art. IV, s. 1(a), Fla. Const. STORAGE NAME: h1285.SAC PAGE: 3
DATE: 3/10/2023
appointing a federally recognized officer of the FLNG to be the Adjutant General, who serves as the
Commanding General of the state’s organized militia.
13
As of September 2022, the FLNG was composed of 10,314 personnel in the Army National Guard and
2,165 personnel in the Air National Guard, for total authorized personnel of 12,479.
14
Florida State Defense Force
All able-bodied inhabitants of Florida who are or who have declared their intention to become citizens
of the United States comprise the militia,
15
but not all are part of the organized militia, which is
comprised of the FLNG and the Florida State Guard.
16
The Governor is commander-in-chief of all
military forces of the state not in active federal service.
17
Subject to Senate confirmation, the Governor
appoints the Adjutant General and other general officers of the FLNG.
18
The Adjutant General (AG) is
the head of the Department of Military Affairs (DMA).
19
If any part of the FLNG is called into active federal service, the Governor is authorized to organize and
maintain such uniformed military forces as the Governor deems necessary to assist civil authorities with
maintaining law and order known as the Florida State Defense Force (FSDF).
20
When active, the FSDF
is composed of commissioned officers and enlisted personnel who serve as volunteer citizens.
21
The
FSDF may be called out to aid civil authorities in the same manner as calling out the FLNG
22
but may
not be called, ordered, or drafted into federal service.
23
The FSDF was created in 1941 in order to supplement the state’s National Guard, which was in federal
service during World War II. FSDF was deactivated and disbanded in 1947 after the return of the
state’s National Guard.
24
Florida State Guard
The Florida State Guard (FSG) was created in 2022
25
as a component of the organized guard of the
state, separate and apart from the FLNG. With the Governor having final control and command, the
FSG operates exclusively within the state of Florida and cannot be called, ordered, or drafted into the
13
S. 250.10, F.S. 32 U.S.C. S. 314(a) requires an adjutant general in each state and requires the adjutant general to
perform the duties prescribed by the laws of the state of appointment.
14
Department of Defense, Defense Manpower Data Center, Military and Civilian Personnel by Service/Agency by
State/Country (Updated Quarterly), September 2022, available at https://dwp.dmdc.osd.mil/dwp/app/dod-data-
reports/workforce-reports (last visited Mar. 7, 2023). Troop numbers are unavailable for December 2022 due to the Army’s
conversion of its Integrated Personnel and Pay System. Due to this conversion, the Army did not provide military
personnel for end-of-December 2022. See Military and Civilian Personnel by Service/Agency by State/Country (Updated
Quarterly) December 2022, available at https://dwp.dmdc.osd.mil/dwp/app/dod-data-reports/workforce-reports (last visited
Mar. 7, 2023).
15
Art. X, s. 2(a), Fla. Const.
16
S. 250.02(2), F.S. Organized militia is defined as being composed of the National Guard and any other organized
military forces that are authorized by law. The Florida State Guard is authorized by Ch. 2022-157, s. 80, Laws of Fla.
17
Art. IV, s. 1(a), Fla. Const.
18
Art. X. s. 2(c), Fla. Const.
19
S. 250.05(3), F.S.
20
S. 251.01(1), F.S.
21
Id.
22
S. 251.05, F.S. See s. 250.06(4), F.S.: “The Governor may, in order to preserve the public peace, execute the laws of
the state, enhance domestic security, respond to terrorist threats or attacks, respond to an emergency as defined in
s. 252.34 or imminent danger thereof, or respond to any need for emergency aid to civil authorities as specified in
s. 250.28, order into state active duty all or any part of the militia which he or she deems proper.”
23
S. 251.08, F.S. This prohibition applies only to the FSDF as a whole and does not exempt any individual member of the
FSDF from required federal military service.
24
Palm Beach County History Online, Civil Defense: Florida Defense Force, available at
http://www.pbchistoryonline.org/page/florida-defense-force (last visited Mar. 7, 2023).
25
The FSG was created via the Implementing Act of the General Appropriations Act for the 2022-23 fiscal year, Ch. 2022-
157, s. 80, Laws of Fla., and is codified in statutes as s. 251.001, F.S. STORAGE NAME: h1285.SAC PAGE: 4
DATE: 3/10/2023
armed forces of the United States.
26
The FSG is a volunteer force that assists federal, state, and local
government agencies and civil relief organizations during impending or actual emergencies in the state
of Florida.
27
The AG serves as the commanding general of the FSG, subject at all times to the Governor. The AG is
responsible for organizing, recruiting, training, equipping, managing, and disciplining the FSG. The AG
selects units for activation, candidates for commissioning, and approves applicants for enlisted
personnel.
28
The AG is responsible for setting the minimum standards for the age, physical and health
condition, and physical fitness of applicants. These standards cannot be lower than the standards
required for recruitment, enrollment, and retention in the FLNG.
29
The AG develops and implements a
code of regulations for the administration and discipline of members of the FSG.
30
Each applicant for the FSG must be a citizen of the United States and a resident of Florida and cannot
have a felony conviction.
31
Additionally, applicants may not be an active duty servicemember or a
member of the armed forces reserves or the FLNG.
32
If the applicant is a former member of the armed
forces, the applicant must have been separated under terms no less than a general discharge under
honorable conditions.
33
The AG develops and implements a training program for the FSG and provides all equipment
necessary for the training and service of members of the FSG.
34
Training programs within the FSG
must be at least equivalent to the training requirements for the FLNG.
35
The AG is permitted to provide
staff, including members of the FLNG, to prepare and conduct training. However, members of the
FLNG are not considered members of the FSG while they are preparing and conducting authorized
FSG training.
36
The AG is authorized to make available to the FSG facilities controlled and operated by
DMA.
37
The FSG may be activated:
During any period when any part of the FLNG is in active federal service and the Governor has
declared a state of emergency; or
38
To preserve the public peace, execute the laws of the state, enhance domestic security,
respond to terrorist threats or attacks, respond to an emergency
39
or imminent danger thereof,
or respond to any need for emergency aid to civil authorities.
40
The FSG must be deactivated upon the expiration of the order of activation or by a separate order by
the Governor.
41
Members of the FSG are reimbursed for per diem and travel expenses incurred to attend required
training or in the course of active service.
42
FSG members may be compensated for time spent training
26
S. 251.001(1), F.S.
27
Florida State Guard, Home, available at https://flsg.myflorida.com/ (last visited Mar. 6, 2023).
28
S. 251.001(3), F.S.
29
S. 251.001(4)(d), F.S.
30
S. 251.001(4)(e), F.S.
31
S. 251.001(4)(c)1.-2., F.S.
32
S. 251.001(4)(c)3., F.S.
33
S. 251.001(4)(c)4., F.S.
34
S. 251.001(5), F.S.
35
S. 251.001(5)(a), F.S.
36
S. 251.001(5)(b), F.S.
37
S. 251.001(5)(d), F.S.
38
S. 251.001(6)(a), F.S.
39
Section 252.34(4), F.S., defines the term “emergency” to mean any occurrence, or threat thereof, whether natural,
technological, or manmade, in war or in peace, which results or may result in substantial injury or harm to the population
or substantial damage to or loss of property.
40
S. 251.001(6)(b), F.S.
41
S. 251.001(6)(c), F.S.
42
S. 251.001(7)(a), F.S. STORAGE NAME: h1285.SAC PAGE: 5
DATE: 3/10/2023
or in the course of active service. Compensation rates are determined by the AG.
43
While engaged in
required training or during active service, FSG members have the same protections FLNG members
enjoy regarding:
44
Leaves of absence.
45
Employment discrimination.
46
Professional licensure protection.
47
Protection from employment discrimination during active duty service by private or public
employers and postsecondary institutions.
48
Licensure and qualification protections.
49
Stays of civil actions or proceedings involving individuals called into active duty service.
50
Actions of rent or possession by landlord involving individuals called into active duty service.
51
Installment contracts for purchase of property involving individuals called into active duty
service.
52
Mortgages, trust deeds, or other securities upon property owned prior to the commencement of
the period an individual is called into active duty service.
53
While activated or in training, FSG members are not liable for any lawful act done in the performance of
his or her FSG duties while acting in good faith within the scope of such duties. In addition, while
activated or in training, FSG members are considered volunteers for the state and are entitled to
workers’ compensation protections pursuant to chapter 440, F.S.
54
The FSG was created subject to an appropriation in the General Appropriations Act of 2022.
55
The
General Appropriations Act appropriated $10 million from the General Revenue Fund for the FSG.
56
Current law provides that s. 251.001, F.S., which is the Florida State Guard Act, will sunset on July 1,
2023.
57
Criminal Justice Agency
A “criminal justice agency” is a court; the Florida Department of Law Enforcement (FDLE); the
Department of Juvenile Justice; the protective investigations component of the Department of Children
and Families, which investigates the crimes of abuse and neglect; and any other governmental agency
or subunit thereof that performs the administration of criminal justice pursuant to a statute or rule of
court and that allocates a substantial part of its annual budget to the administration of criminal justice.
58
A criminal justice agency receives information within the statewide biometric identification system,
which stores fingerprints and facial images,
59
and may enter into a user agreement with FDLE to
access information in the criminal justice information system.
60
Law Enforcement Officers
43
S. 251.001(7)(b)
44
S. 251.001(8)(a), F.S.
45
S. 250.48, F.S.
46
S. 250.481, F.S.
47
S. 250.4815, F.S.
48
S. 250.482, F.S.
49
S. 250.483, F.S.
50
S. 250.5201, F.S.
51
S. 250.5202, F.S.
52
S. 250.5204, F.S.
53
S. 250.5205, F.S.
54
S. 251.001(8)(c), F.S.
55
S. 251.001(10), F.S.
56
Ch. 2022-156, s. 6, Laws of Fla., pg. 436.
57
S. 251.001(11), F.S.
58
S. 943.045 (11), F.S.
59
S. 943.05(2)(b), F.S.
60
S. 943.0525, F.S. STORAGE NAME: h1285.SAC PAGE: 6
DATE: 3/10/2023
Current law requires a person employed or appointed as full-time, part-time, or auxiliary law
enforcement to:
61
Be at least 19 years of age.
Be a citizen of the United States, notwithstanding any other law to the contrary.
Be a high school graduate or its equivalent.
Not have been convicted of a felony or of certain misdemeanors.
Have documentation of his or her fingerprints on file with the employing agency.
Have passed a physical examination.
Have a good moral character as determined by a background investigation.
Execute and submit to the employing agency an affidavit-of-applicant form attesting to his or her
compliance with the aforementioned requirements.
Complete a commission-approved basic recruit training program, unless exempted from the
requirement.
Achieve an acceptable score on the officer certification examination.
Comply with the continuing training and education requirements.
Effect of Proposed Changes
The bill repeals the expiration date for s. 251.001, F.S., thereby, making the FSG a permanent
component of the state militia.
The bill provides that ch. 251, F.S., may be cited as the “Florida State Guard Act” and that the chapter
is supplemental to provisions relating to the organized militia, other than the FLNG. It also provides that
the FSG is created to protect and defend the people of Florida from all threats to public safety and to
augment all existing state and local agencies.
The bill increases the authorized maximum number of personnel that may be commissioned, enrolled,
or employed as members of the FSG from 400 to 1,500.
The bill creates the Division of the State Guard (Division) within DMA as a separate budgeting entity.
The bill provides that the Division is not be subject to control, supervision, or direction by DMA, but
requires DMA to provide administrative support or service to the Division. The bill also provides that the
division is responsible for the organization, recruitment, training, equipping, management, and function
of the FSG, including selection of units for activation, selection of candidates for commissioning, and
the approval of applicants as enlisted personnel.
The bill provides that the Division is headed by a director who is appointed by and serves at the
pleasure of the Governor. The director is subject to Senate confirmation and must be a former
commissioned officer of the United States Armed Forces, U.S. Reserve Forces, or FLNG who served at
least five years and attained the rank of colonel, or its equivalent, or higher. The bill repeals provisions
granting duties and powers to the AG in regards to the FSG and instead, provides that the director will
have those duties and powers.
The bill maintains the current requirements that applicants must meet for FSG consideration, but also
provides that if an applicant to the FSG was previously a member of a military or naval organization of
this state or another state, then the applicant must have been separated under terms no less than a
general discharge under honorable conditions.
The bill requires the director to organize a specialized unit within the FSG, which is considered a
criminal justice agency while activated. Members of the specialized unit must meet the minimum
requirements to be certified or employed as a law enforcement officer
62
and be certified as such. The
61
S. 943.13, F.S.
62
Section 943.10(1), F.S., defines the term ““law enforcement officer” as any person who is elected, appointed, or
employed full time by any municipality or the state or any political subdivision thereof; who is vested with authority to bear
arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of STORAGE NAME: h1285.SAC PAGE: 7
DATE: 3/10/2023
bill also provides that members of the specialized unit are vested with the authority to bear arms,
detect, apprehend, and make arrests while activated and have the same law enforcement authority as
the law enforcement agency in which the unit is working in conjunction with when activated.
The bill maintains the current provisions regarding training, but requires the Division to provide all
equipment necessary and to arrange and contract for the use of facilities for training, organizing, and all
other purposes of the FSG.
The bill provides that in addition to the present conditions for activation, the FSG may be activated in
order to protect and defend the state from threats to public safety and to augment any existing state or
local agency.
The bill maintains the current provisions regarding per diem but specifies that any additional
compensation for time spent training or in the course of active service is subject to appropriation. The
bill also maintains the provisions providing the same protections for members of the FSG as is provided
for members of the FLNG, as well as the workers’ compensation provisions.
The bill grants rulemaking authority to the director, but provides that the enlistment, organization,
administration, equipment, maintenance, training, and discipline of the FSG are not “rules” as defined
by the Administrative Procedure Act (APA).
63
Finally, the bill amends the military equipment regulations in order to reflect the permanent inclusion of
the FSG into the state’s recognized militia, repeals sections of law pertaining to the FSDF, and makes
conforming changes.
B. SECTION DIRECTORY:
Section 1: Amends s. 120.80, F.S., providing that certain functions of the FSG are not rules for
purposes of the APA.
Section 2: Amends s. 250.44, F.S., concerning military equipment regulations; penalties.
Section 3: Amends s. 251.001, F.S., concerning the Florida State Guard Act.
Section 4: Repeals ss. 251.01, 251.02, 251.03, 251.04, 251.05, 251.06, 251.07, 251.08, 251.09,
251.10, 251.11, 251.12, 251.13, 251.14, 251.15, 251.16, and 251.17, pertaining to the
FSDF.
Section 5: Amends s. 790.25, F.S., making a conforming change.
Section 6: Provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
the penal, criminal, traffic, or highway laws of the state. The definition includes all certified supervisory and command
personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities
of full-time law enforcement officers, part-time law enforcement officers, or auxiliary law enforcement officers but does not
include support personnel employed by the employing agency.
63
The APA is ch. 120, F.S. STORAGE NAME: h1285.SAC PAGE: 8
DATE: 3/10/2023
On February 1, 2023, the Governor released a proposed budget for fiscal year 2023-24
64
that
included $98 million to grow the FSG.
65
The Legislature, however, has not acted yet and as such,
any fiscal impact is indeterminate at this time.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill grants the director of the Division of the State Guard rulemaking authority in order to implement
the provisions of s. 251.001, F.S. It also provides that the enlistment, organization, administration,
equipment, maintenance, training, and discipline of the FSG are not “rules” as defined by the APA.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.
64
Office of the Governor, Governor Ron DeSantis Announces Framework for Freedom Budget, available at
https://www.flgov.com/2023/02/01/governor-ron-desantis-announces-framework-for-freedom-budget/ (last visited Mar. 7,
2023).
65
Governor Ron DeSantis, Framework for Freedom Fiscal Year 2023-2024, Military Support, Continued Expansion of the
Florida State Guard, available at http://frameworkforfreedombudget.com/PDFLoader.htm?file=Military.pdf (last visited Mar.
7, 2023).