Florida 2023 Regular Session

Florida House Bill H1285 Compare Versions

Version 1 (Old)

Version 2 (New)

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14		-	1
	14	+	A bill to be entitled 1
15	15		An act relating to the Florida State Guard; amending 2
16	16		s. 120.80, F.S.; providing that certain functions of 3
17	17		the Florida State Guard are not rules as defined by 4
18	18		ch. 120, F.S.; amending s. 250.44, F.S.; prohibiting 5
19	19		certain actions regarding clothing, arms, mil itary 6
20	20		outfits, and property of the Florida State Guard; 7
21	21		requiring certain information to be reported to the 8
22	22		director of the Division of the State Guard within the 9
23	23		Department of Military Affairs; providing a penalty; 10
24	24		amending s. 251.001, F.S.; providing a s hort title; 11
25	25		providing the scope of chapter 251, F.S.; revising 12
26	26		provisions relating to the creation and authorization 13
27	27		of the Florida State Guard; providing the authorized 14
28	28		maximum number of volunteer personnel of the Florida 15
29	29		State Guard; creating the Divisio n of the State Guard 16
30	30		within the Department of Military Affairs; providing 17
31	31		that the head of the division is a director appointed 18
32	32		by and serving at the pleasure of the Governor; 19
33	33		providing eligibility requirements for the director; 20
34	34		providing that the division is a separate budget 21
35	35		entity; requiring the department to provide 22
36	36		administrative support to the division; providing 23
37	37		division responsibilities; authorizing the director to 24
38	38		establish a services structure for certain purposes; 25
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47	47		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
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49	49
50	50
51	51		revising and providing definitio ns; removing 26
52	52		provisions establishing authority of the department 27
53	53		and the Adjutant General with respect to the Florida 28
54	54		State Guard; providing additional duties of the 29
55	55		division and director; revising qualifications for 30
56	56		applicants to the Florida State Guard; requiring the 31
57	57		director to organize and establish a specialized unit 32
58	58		within the Florida State Guard; providing criteria and 33
59	59		authority for members of the specialized unit; 34
60	60		revising the criteria for activation of the Florida 35
61	61		State Guard; requiring the divisio n to reimburse 36
62	62		members for per diem and travel expenses; authorizing 37
63	63		other compensation subject to appropriation; requiring 38
64	64		the director to adopt rules; conforming provisions to 39
65	65		changes made by the act; repealing ss. 251.01, 251.02, 40
66	66		251.03, 251.04, 251.05, 251.06, 251.07, 251.08, 41
67	67		251.09, 251.10, 251.11, 251.12, 251.13, 251.14, 42
68	68		251.15, 251.16, and 251.17, F.S., relating to the 43
69	69		Florida State Defense Force; amending s. 790.25, F.S.; 44
70	70		conforming provisions to changes made by the act; 45
71	71		providing an effective date. 46
72	72		47
73	73		Be It Enacted by the Legislature of the State of Florida: 48
74	74		49
75	75		Section 1. Subsection (20) is added to section 120.80, 50
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84	84		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
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88	88		Florida Statutes, to read: 51
89	89		120.80 Exceptions and special requirements; agencies. — 52
90	90		(20) FLORIDA STATE GUARD. —Notwithstanding s. 1 20.52(16), 53
91	91		the enlistment, organization, administration, equipment, 54
92	92		maintenance, training, and discipline of the Florida State Guard 55
93	93		are not rules as defined by this chapter. 56
94	94		Section 2. Subsection (3) of section 250.44, Florida 57
95	95		Statutes, is amended to read: 58
96	96		250.44 Military equipment regulations; penalties. — 59
97	97		(3) The clothing, arms, military outfits, and property 60
98	98		furnished by or through the state to any member of the militia 61
99	99		or the Florida State Guard , may not be sold, bartered, loaned, 62
100	100		exchanged, pledged, or given away. A person who is not a member 63
101	101		of the military forces of this state or the United States, or an 64
102	102		authorized agent of this state or the United States, who 65
103	103		possesses clothing, arms, military outfits, or property that is 66
104	104		unlawfully disposed of has no right, title, or interest therein, 67
105	105		and the clothing, arms, military outfits, or property shall be 68
106	106		seized and taken wherever found by any civil or military officer 69
107	107		of the state and delivered to any commanding officer or other 70
108	108		authorized officer, who must: 71
109	109		(a) If such clothing, arms, military outfits, or property 72
110	110		were issued by or are property of the militia, make an immediate 73
111	111		report to the Adjutant General. 74
112	112		(b) If such clothing, arms, military outfits, or property 75
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125	125		were issued by or are property of the Florida State Guard, make 76
126	126		an immediate report to the director of the Division of the State 77
127	127		Guard within the Department of Military Affairs. 78
128	128		79
129	129		The possession of any such clothing, arms, military outfits, or 80
130	130		property by any person not a member of the military forces of 81
131	131		this state, or any other state, or of the United States, is 82
132	132		presumptive evidence of such sale, barter, loan, exchange, 83
133	133		pledge, or gift and is punishable as provided in chapter 812. 84
134	134		Section 3. Section 251.001, Florida Statutes, is ame nded 85
135	135		to read: 86
136	136		251.001 Florida State Guard Act. — 87
137	137		(1) SHORT TITLE AND SCOPE. —This chapter may be cited as 88
138	138		the "Florida State Guard Act." This chapter shall be 89
139	139		supplemental to provisions relating to the organized militia in 90
140	140		chapter 250 other than the Florida National Guard. 91
141	141		(2)(1) CREATION AND AUTHORIZATION. —The Florida State Guard 92
142	142		is created to protect and defend the people of Florida from all 93
143	143		threats to public safety and to augment all existing state and 94
144	144		local agencies. The Florida State Guard is c reated as authorized 95
145	145		under federal law for use exclusively within the state, 96
146	146		activated only by the Governor under the specific limitations 97
147	147		created by this section , and is at all times under the final 98
148	148		command and control of the Governor as commander in chie f of all 99
149	149		military and guard forces of the state. The Florida State Guard 100
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158	158		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
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162	162		is created and authorized as a component of the organized guard 101
163	163		separate and apart from the Florida National Guard and shall be 102
164	164		used exclusively within the state , or to provide suppor t to 103
165	165		other states, for the purposes stated in this section and may 104
166	166		not be called, ordered, or drafted into the armed forces of the 105
167	167		United States. The authorized maximum number of volunteer 106
168	168		personnel that may be commissioned, enrolled, or employed as 107
169	169		members of the Florida State Guard is 1,500 400. 108
170	170		(3) DIVISION OF THE STATE GUARD. —The Division of the State 109
171	171		Guard is created within the Department of Military Affairs and 110
172	172		shall be headed by a director who shall be appointed by and 111
173	173		serve at the pleasure of the Governor, subject to confirmation 112
174	174		by the Senate. The director must have served at least 5 years as 113
175	175		a servicemember of the United States Armed Forces, United States 114
176	176		Reserve Forces, or Florida National Guard. The division shall be 115
177	177		a separate budget entity, a nd the director shall be its agency 116
178	178		head for all purposes. The Department of Military Affairs shall 117
179	179		provide administrative support and service to the division to 118
180	180		the extent requested by the director. The division shall not be 119
181	181		subject to control, supervisio n, or direction by the Department 120
182	182		of Military Affairs in any manner, including, but not limited 121
183	183		to, personnel, purchasing, transactions involving real or 122
184	184		personal property, and budgetary matters. The division is 123
185	185		responsible for the organization, recruitmen t, training, 124
186	186		equipping, management, and functions of the Florida State Guard. 125
187		-	~~ENROLLED~~
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195	195		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
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199	199		The director may establish a command, operational, and 126
200	200		administrative services structure to assist, manage, and support 127
201	201		the Florida State Guard in operating the program and deliv ering 128
202	202		services. 129
203	203		(4)(2) DEFINITIONS.—As used in this section: 130
204	204		(a) The terms "active duty," "armed forces," and "enlisted 131
205	205		personnel," "National Guard," and "rank" have the same meanings 132
206	206		as in s. 250.01. 133
207	207		(b) The term "department" means the Department of Military 134
208	208		Affairs. 135
209	209		(c) The term "director" means the director of the Division 136
210	210		of the State Guard. 137
211	211		(d) The term "division" means the Division of the State 138
212	212		Guard within the Department of Military Affairs. 139
213	213		(c) The term "officer" means an officer commiss ioned by 140
214	214		the Governor. 141
215	215		(d) The term "organized guard" means an organized military 142
216	216		force that is authorized by law. 143
217	217		(e) The term "warrant officer" means a technical 144
218	218		specialist commissioned as a warrant officer by the Governor. 145
219	219		(3) ADJUTANT GENERAL. —The Adjutant General is the 146
220	220		commanding general of the Florida State Guard subject at all 147
221	221		times to the Governor as commander in chief. The Adjutant 148
222	222		General is responsible for organizing, recruiting, training, 149
223	223		equipping, managing, and disciplining the Florida State Guard, 150
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232	232		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
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236	236		including selecting units for activation by the Governor, 151
237	237		selecting candidates for commissioning by the Governor, and 152
238	238		approving applicants as enlisted personnel. 153
239	239		(5)(4) PERSONNEL.— 154
240	240		(a) Subject to approval by the Governor, the director 155
241	241		Adjutant General shall determine the number of volunteer 156
242	242		officers, warrant officers, and enlisted personnel necessary to 157
243	243		meet the staffing and operational requirements of the Florida 158
244	244		State Guard, and determine the volunteer structure specific 159
245	245		ranks and number of volunteer personnel within each component 160
246	246		unit of such structure rank. 161
247	247		(b) The Governor shall commission all volunteer personnel 162
248	248		officers and warrant officers of the Florida State Guard. 163
249	249		(c) Each applicant for the Florida State Guard shall meet 164
250	250		the following qualifications: 165
251	251		1. The applicant must shall be a citizen of the United 166
252	252		States and a resident of the state. 167
253	253		2. The applicant may not cannot have a felony conviction. 168
254	254		Each applicant shall submit a complete set of fingerprints and 169
255	255		all information required by state and federal law to process 170
256	256		fingerprints for purposes of conducting a criminal background 171
257	257		check. 172
258	258		3. The applicant may not be an active duty servicemember, 173
259	259		a member of the armed forces reserves, or a member of the 174
260	260		Florida National Guard . 175
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269	269		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
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273	273		4. If the applicant is a former member of the armed forces 176
274	274		or of any military or naval organization of this state or 177
275	275		another state, the applicant must have been separated under 178
276	276		terms no less than a general discharge under honorable 179
277	277		conditions. 180
278	278		(d) The director Adjutant General shall establish minimum 181
279	279		standards for the age, physical and health condition, and 182
280	280		physical fitness of applicants based upon the component unit of 183
281	281		the Florida State Guard structure in which the applicant is 184
282	282		being considered for p lacement. However, an applicant being 185
283	283		considered for placement in a component unit that serves in an 186
284	284		active duty capacity within the Florida State Guard must be 187
285	285		subject to standards that which are no less than the standards 188
286	286		required for recruitment, enroll ment, and retention in the 189
287	287		Florida National Guard. 190
288	288		(e) The director Adjutant General shall develop and 191
289	289		implement a code of regulations for the administration and 192
290	290		discipline of members of the Florida State Guard that shall 193
291	291		provide no less protection and i mpose no more severe sanctions 194
292	292		than as provided in s. 250.35, except that the director Adjutant 195
293	293		General shall not have no authority to impose any term of 196
294	294		incarceration. 197
295	295		(6) SPECIALIZED UNIT. —The director shall organize a 198
296	296		specialized unit within the Flori da State Guard. All members of 199
297	297		the specialized unit are vested with the authority to bear arms, 200
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310	310		detect, and apprehend while activated. In addition to the 201
311	311		requirements set forth in paragraph (5)(c), only those members 202
312	312		of the specialized unit who meet the re quirements in s. 943.13 203
313	313		and are certified as law enforcement officers as defined in s. 204
314	314		943.10(1) are authorized to have the same law enforcement 205
315	315		authority as the law enforcement agency in conjunction with 206
316	316		which they are working when activated. 207
317	317		(7)(5) TRAINING AND EQUIPMENT. —The director Adjutant 208
318	318		General shall develop and implement a program for training for 209
319	319		members of the Florida State Guard. 210
320	320		(a) All training programs for the Florida State Guard 211
321	321		shall be at least equivalent to the training requirements for 212
322	322		members of the Florida National Guard under applicable federal 213
323	323		law at the time the training is conducted. As required by the 214
324	324		director Adjutant General, all members of the Florida State 215
325	325		Guard shall complete initial training within 180 days after 216
326	326		their appointment or enrollment and periodic ongoing training. 217
327	327		(b) The director Adjutant General may provide for staff to 218
328	328		prepare and conduct training required in this section. The staff 219
329	329		may include members of the Florida National Guard whose duty 220
330	330		assignments may include conducting training under this section 221
331	331		but who may not be considered members of the Florida State 222
332	332		Guard. 223
333	333		(c) The division Adjutant General shall provide all 224
334	334		equipment necessary for the training and service of members of 225
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343	343		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
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347	347		the Florida State Guard and shall arrange and contract for the 226
348	348		use of sufficient and adequate facilities for training, 227
349	349		organizing, and all other purposes of the Florida State Guard . 228
350	350		Section 250.44 applies The provisions of s. 250.44 apply to the 229
351	351		allocation, delegation, use of, a nd accounting for all equipment 230
352	352		furnished under this section. 231
353	353		(d) The Adjutant General may make available for training 232
354	354		and other purposes under this section the facilities controlled 233
355	355		and operated by the department. 234
356	356		(8)(6) ACTIVATION AND DEACTIVATION OF THE FLORIDA STATE 235
357	357		GUARD.— 236
358	358		(a) The Florida State Guard, by component units or in 237
359	359		total, may be activated by order of the Governor: 238
360	360		1. During any period when any part of the Florida National 239
361	361		Guard is in active federal service and the Governor has declared 240
362	362		a state of emergency ;. The Florida State Guard may be activated 241
363	363		as part of an emergency order issued by the Governor or in a 242
364	364		separate executive order issued during a declared state of 243
365	365		emergency. 244
366	366		2.(b) The Florida State Guard may be activated only To 245
367	367		preserve the public peace, execute the laws of the state, 246
368	368		enhance domestic security, respond to terrorist threats or 247
369	369		attacks, protect and defend the people of Florida from threats 248
370	370		to public safety, respond to an emergency as defined in s. 249
371	371		252.34 or imminent danger thereof, or respond to any need for 250
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380	380		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
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384	384		emergency aid to civil authorities as specified in s. 252.38 ; 251
385	385		3. To augment any existing s tate or local agency; or 252
386	386		4. To provide support to other states under the Emergency 253
387	387		Management Assistance Compact as provided for in part III of 254
388	388		chapter 252. 255
389	389		(b)(c) The Florida State Guard shall be deactivated by the 256
390	390		expiration of the order of activation or by a separate order by 257
391	391		the Governor deactivating the Florida State Guard. 258
392	392		(9)(7) REIMBURSEMENT AND COMPENSATION. — 259
393	393		(a) The division shall department may reimburse members of 260
394	394		the Florida State Guard for per diem and travel expenses 261
395	395		incurred to attend required training or in the course of active 262
396	396		service as provided in s. 112.061. 263
397	397		(b) Members of the Florida State Guard may be compensated 264
398	398		for time spent training or in the course of active service at 265
399	399		rates established by the director, subject to appropriation 266
400	400		Adjutant General. 267
401	401		(c) A No member of the Florida State Guard may not make 268
402	402		any purchase or enter into any contract or agreement for 269
403	403		purchases or services as a charge against the state without the 270
404	404		authority of the director Adjutant General. 271
405	405		(10)(8) EMPLOYMENT PROTECTION, SUSPENSION OF PROCEEDINGS, 272
406	406		LIABILITY, AND WORKERS' COMPENSATION. — 273
407	407		(a) The protections for members of the Florida National 274
408	408		Guard provided in ss. 250.48-250.483 and 250.5201 -250.5205 shall 275
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417	417		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
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421	421		apply to each member of the Florida State Guard engaged in 276
422	422		required training or active service. 277
423	423		(b) Members of the Florida State Guard ordered into active 278
424	424		service or engaged in required training are not li able for any 279
425	425		lawful act done in performance of their duties under this 280
426	426		section while acting in good faith within the scope of those 281
427	427		duties. 282
428	428		(c) While activated or in training, members of the Florida 283
429	429		State Guard are considered volunteers for the state, as defined 284
430	430		in s. 440.02(15)(d)6., and are entitled to workers' compensation 285
431	431		protections pursuant to chapter 440. 286
432	432		(11)(9) RULEMAKING AUTHORITY. —The director Adjutant 287
433	433		General, as head of the division department, shall adopt rules 288
434	434		to implement the provisions of this section. 289
435	435		(10) APPROPRIATION. —This section is subject to an 290
436	436		appropriation in the General Appropriations Act. 291
437	437		(11) EXPIRATION.—This section expires July 1, 2023. 292
438	438		Section 4. Sections 251.01, 251.02, 251.03, 251.04, 293
439	439		251.05, 251.06, 251.07, 251. 08, 251.09, 251.10, 251.11, 251.12, 294
440	440		251.13, 251.14, 251.15, 251.16, and 251.17, Florida Statutes, 295
441	441		are repealed. 296
442	442		Section 5. Paragraph (a) of subsection (3) of section 297
443	443		790.25, Florida Statutes, is amended to read: 298
444	444		790.25 Lawful ownership, possession, a nd use of firearms 299
445	445		and other weapons.— 300
446		-	~~ENROLLED~~
447		-	CS/CS/HB 1285~~, Engrossed 1~~ 2023 ~~Legislature~~
	446	+
	447	+	CS/CS/HB 1285 2023
448	448
449	449
450	450
451	451		CODING: Words stricken are deletions; words underlined are additions.
452		-	hb1285-~~04-er~~
	452	+	hb1285-02-c2
453	453		Page 13 of 13
454	454		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
455	455
456	456
457	457
458	458		(3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06 301
459	459		do not apply in the following instances, and, despite such 302
460	460		sections, it is lawful for the following persons to own, 303
461	461		possess, and lawfully use firearms and ot her weapons, 304
462	462		ammunition, and supplies for lawful purposes: 305
463	463		(a) Members of the Militia, National Guard, Florida State 306
464	464		Guard Defense Force, Army, Navy, Air Force, Marine Corps, Space 307
465	465		Force, Coast Guard, organized reserves, and other armed forces 308
466	466		of the state and of the United States, when on duty, when 309
467	467		training or preparing themselves for military duty, or while 310
468	468		subject to recall or mobilization; 311
469	469		Section 6. This act shall take effect July 1, 2023. 312