Florida 2023 2023 Regular Session

Florida House Bill H1285 Analysis / Analysis

Filed 04/25/2023

                    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/CS/HB 1285 
INTRODUCER:  Appropriations Committee; State Affairs Committee; and Representative Giallombardo 
and others 
SUBJECT:  Florida State Guard 
DATE: April 24, 2023 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Jerrett Sadberry AP Favorable 
 
I. Summary: 
CS/CS/HB 1285 maintains and modifies provisions of the Florida State Guard. 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 budget entity, headed by a director who 
is appointed by the Governor and confirmed by the Senate. The bill also transfers administrative 
duties and powers from the Adjutant General to the director.  
 
REVISED:   BILL: CS/CS/HB 1285   	Page 2 
 
The bill requires the director to organize a specialized unit within the FSG and requires specified 
members of the unit to meet certain minimum requirements.  
 
The bill repeals sections of law pertaining to the Florida State Defense Force and makes other 
conforming changes. 
 
The proposed House General Appropriations Act for FY 2023-24 provides $107.6 million in 
appropriations from the General Revenue Fund for the State Guard. 
 
The bill has an effective date of July 1, 2023. 
II. 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 United States Army or the United 
States 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 
                                                
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.  BILL: CS/CS/HB 1285   	Page 3 
 
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 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 
                                                
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. 
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.  BILL: CS/CS/HB 1285   	Page 4 
 
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 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
 
 
                                                
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. 
26
 S. 251.001(1), F.S. 
27
 Florida State Guard, Home, available at https://floridastateguard.my.site.com/s/ (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.  BILL: CS/CS/HB 1285   	Page 5 
 
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 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
 
                                                
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. 
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.  BILL: CS/CS/HB 1285   	Page 6 
 
 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
 
 
Law Enforcement Officers 
Current law requires a person employed or appointed as full-time, part-time, or auxiliary law 
enforcement to:
58
 
 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. 
 
                                                
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. 943.13, F.S.  BILL: CS/CS/HB 1285   	Page 7 
 
State Emergency Management Act 
The State Emergency Management Act (SEMA), ch. 252, F.S., was enacted to be the legal 
framework for this state’s emergency management activities, recognizing the state’s 
vulnerability to a wide range of emergencies, including natural, manmade, and technological 
disasters.
59
 SEMA delineates the Governor’s authority to declare a state of emergency, issue 
executive orders, and otherwise lead the state during emergencies. If the Governor finds that an 
emergency
60
 has occurred or is imminent, he or she must declare a state of emergency.
61
 In a 
state of emergency, the Governor has broad power to perform necessary actions to ensure 
Floridians' health, safety, and welfare. During the continuance of a state of emergency, the 
Governor is commander in chief of the Florida National Guard and all forces available for 
emergency duty.
62
 
 
Emergency Management Assistance Compact 
The Division of Emergency Management (DEM) coordinates Florida’s emergency assistance to 
other states. Accordingly, DEM manages Florida’s participation in the Emergency Management 
Assistance Compact (EMAC).
63
 EMAC is an agreement between all 50 states, the 
Commonwealth of Puerto Rico, the District of Columbia, and all United States territorial 
possessions to provide each other mutual assistance in managing an emergency or disaster 
declared by the governor of the affected state.
64
 The emergency may arise from a natural or 
manmade disaster, technological hazard, civil emergency aspects of resource shortages, 
community disorders, insurgency, or enemy attack.
65
 The EMAC allows participating states to 
request personnel, equipment, materials, and supplies needed by the state during a declared 
emergency.
66
 The United States Congress passed a joint resolution that granted consent for the 
creation of EMAC in 1996.
67
 The Florida Legislature authorized Florida’s participation in 
EMAC that same year.
68
 
III. 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. 
 
                                                
59
 S. 252.311(1), F.S. 
60
 “Emergency” means 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. See s. 252.34(4), F.S. 
61
 S. 252.36(2), F.S. 
62
 S. 252.36(4), F.S. 
63
 See ss. 252.921-252.933, F.S. 
64
 S. 252.922(1), F.S. 
65
 S. 252.922(2), F.S. 
66
 S. 252.924(2)(b), F.S. 
67
 Public Law 104-321 – Oct. 19, 1996. 
68
 Chapter 96-244, L.O.F.  BILL: CS/CS/HB 1285   	Page 8 
 
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 budget 
entity. The bill provides that the Division is not 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.  
 
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 have served at 
least five years as a servicemember of the United States Armed Forces, United States Reserve 
Forces, or FLNG. The bill repeals provisions granting duties and powers to the AG in regard to 
the FSG and instead, provides that the director will have those duties and powers. The bill also 
provides that the director may establish a command, operational, and administrative services 
structure to assist, manage, and support the FSG in operating the program and delivering 
services. 
 
The bill revises current law to remove military vernacular when referring to FSG participants and 
instead reiterates that such participants are volunteers. 
 
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. All members of the 
specialized unit are vested with authority to bear arms, detect, and apprehend while activated. 
The bill also provides that only those members of the specialized unit who meet the requirements 
in s. 943.13, F.S., and are certified as a law enforcement officer
69
 have the same law enforcement 
authority as the law enforcement agency in which the member 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 by order of the Governor in order to protect and defend the state from threats to public 
safety, augment any existing state or local agency, or provide support to other states under 
EMAC. 
                                                
69
 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 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.  BILL: CS/CS/HB 1285   	Page 9 
 
 
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).
70
 
 
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. 
 
The bill takes effect July 1, 2023. 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
Not applicable. This bill does not appear to affect county or municipal governments. 
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
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. 
 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None. 
                                                
70
 The APA is ch. 120, F.S.  BILL: CS/CS/HB 1285   	Page 10 
 
B. Private Sector Impact: 
Individuals who volunteer for the FSG will receive reimbursement for per diem and 
travel expenses incurred to attend required training or in the course of active service. 
C. Government Sector Impact: 
The proposed House General Appropriations Act for FY 2023-24 provides $107.6 
million in appropriations from the General Revenue Fund for the State Guard in the 
following manner: 
 
 
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
None. 
VIII. Statutes Affected: 
This bill substantially amends the following sections of the Florida Statutes:  120.80, 250.44, 
251.001, and 790.25. 
 
This bill repeals the following sections of the Florida Statutes:  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, 
251.17. 
IX. Additional Information: 
A. Committee Substitute – Statement of Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
On March 28, 2023, the House Appropriations Committee adopted two amendments and 
reported the bill favorably as a committee substitute.   
The committee substitute: 
 Revises the qualification criteria for the director of the State Guard; 1 Category	Total Recurring NR	Description
2Personnel	1,162,298$       1,162,298$      	-$               
Establishes 10 new positions and associated salaries 
and benefits for administering the FSG.
3Training/Recruitment Resources17,324,365$     15,935,165$    	1,389,200$     
Includes funding for training courses, travel, lodging, and 
compensation for up to 1,500 members.
4Personnel Equipment	1,959,100$       	254,800$         1,704,300$     
Includes radios, uniforms, laptops, personal protection 
etc.
5Motor Vehicles	1,210,000$       	40,000$           1,170,000$     
Includes 4 pick up trucks, towing vehicles, fuel and 
maintenance costs.
6Maritime Equipment	2,725,862$       	108,000$         2,617,862$     
Includes 6 boats and tow vehicles, crew, fuel, and 
maintenance costs.
7Aviation Equipment 	49,482,594$     	1,529,720$      47,952,874$   
Includes 1 large fixed wing and 4 rotary wing aircraft, 
crew, avionics equipment, fuel and maintenance.
8Fixed Capital Outlay - Buildings32,700,000$     	-$                 32,700,000$   
Includes $20.7m for Aviation hangars; $2m for maritime 
storage; $10m for a State Guard Building
9State Activation Contingency 1,000,000$       1,000,000$      	-$               
Contingency costs necessary when preparing guard for 
activation.
107,564,219$   	20,029,983$    87,534,236$     BILL: CS/CS/HB 1285   	Page 11 
 
 Clarifies the physical fitness standards for applicants based upon the component unit 
for which the applicant is being considered; and 
 Removes the designation that the specialized unit is considered a criminal justice 
agency. 
 
On March 14, 2023, the House State Affairs Committee adopted one amendment and 
reported the bill favorably as a committee substitute.  
The committee substitute:  
 Revises the qualifications for the director position by removing the requirement that 
the director attain the rank of colonel or its equivalent in order to be considered for 
the position, and allows a person to be considered for the position if he or she has 
served at least five years as a police executive or possesses training and experience in 
police affairs or public administration; 
 Clarifies that the director may establish a command, operational, and administrative 
services structure to assist, manage, and support the FSG and determine the FSG’s 
volunteer structure; 
 Provides that the FSG may be activated by order of the Governor in order to provide 
support to other states under EMAC; and 
Removes the use of military vernacular when referring to FSG participants and reiterates 
that such participants are volunteers. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.