Florida 2023 2023 Regular Session

Florida Senate Bill S1382 Analysis / Analysis

Filed 03/21/2023

                    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 Military and Veterans Affairs, Space, and Domestic Security  
 
BILL: SM 1382 
INTRODUCER:  Senator Collins 
SUBJECT:  United States Department of Defense 
DATE: March 21, 2023 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Brown Proctor MS Favorable 
2.     RC  
 
I. Summary: 
SB 1382 provides a memorial to urge the Congress of the United States to use authorization and 
appropriation authorities to prohibit “woke” social engineering and experimentation practices 
and mandate a return to a merit-based system for military force and development. 
 
The memorial requires the Secretary of State to dispatch copies to the President of the United 
States, President of the United States Senate, Speaker of the United States House of 
Representatives, and each member of the Florida delegation to the United States Congress. 
 
A memorial is an official legislative document addressed to the United States Congress, the 
President of the United States, or some other governmental entity that expresses the will of the 
Legislature on a matter within the jurisdiction of the recipient. A memorial requires passage by 
both legislative houses but does not require the Governor’s approval nor is it subject to a veto. 
II. Present Situation: 
United States Presidential Directives on Diversity and Inclusion 
On January 20, 2021, the President of the United States through executive order
1
 removed earlier 
presidential restrictions on diversity and inclusion-related training for uniformed personnel.
2
 On 
June 25, 2021, the President issued an executive order requiring agency heads in establishing 
diversity and inclusion training to: 
 
                                                
1
 The Federal Register, Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities 
Through the Federal Government (Jan. 20, 2021), available at https://www.federalregister.gov/documents/2021/01/25/2021-
01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government (last visited Mar. 
16, 2023).  
2
 Congressional Research Service, Diversity and Inclusion Training for Military Personnel (July 19, 2021), available at 
https://crsreports.congress.gov/product/pdf/IN/IN11703 (last visited Mar. 16, 2023). 
REVISED:   BILL: SM 1382   	Page 2 
 
enable Federal employees, managers, and leaders to have knowledge of systemic and 
institutional racism and bias against underserved communities … promote inclusive 
workplaces … and have increased understanding of implicit and unconscious bias.
3
 
 
Since 2011, openly gay and bisexual men and women have been allowed to serve in the 
military.
4
 In 2021, the ban on transgender individuals serving in the military was lifted through 
executive order.
5
 
 
Military Promotion of Diversity, Equity and Inclusion 
The Under Secretary of Defense for Personnel and Readiness at the Office for Diversity, Equity, 
and Inclusion, United States Department of Defense oversees and implements diversity 
management and equal opportunity trainings and programs for: 
 Active duty military personnel; 
 Reserve component military personnel; and 
 DoD civilian employees.
6
 
 
On July 14, 2020, then Secretary of Defense directed the Under Secretary of Defense for 
Personnel and Readiness by October 1, 2020, to incorporate in professional military education 
instruction the impact of biases and prejudices on decision-making.
7
   
 
On September 14, 2021, the secretary of the DoD created the Defense Advisory Committee on 
Diversity and Inclusion.
8
 The committee’s purpose is to provide advice and make 
recommendations on improving racial and ethnic diversity, inclusion, and equal opportunity.
9
  
 
The operation center at the DoD’s Defense Information Systems Agency initiated a pilot project 
on hiring practices.
10
 To reduce unconscious bias, names were removed off of applications 
submitted for vacancies.
11
 
 
                                                
3
 The Federal Register, Executive Order 14035 on Diversity, Equity, Inclusion, and Accessibility in the Federal Workplace 
(June 25, 2021), available at https://www.whitehouse.gov/briefing-room/presidential-actions/2021/06/25/executive-order-on-
diversity-equity-inclusion-and-accessibility-in-the-federal-workforce/ (last visited Mar. 16, 2023).  
4
 Dep’t of Defense, Military One Source, LGBTQ in the Military: A Brief History, Current Policies and Safety, available at 
https://www.militaryonesource.mil/relationships/support-community/lgbtq-in-the-military/ (last visited Mar. 15, 2023).  
5
 The Federal Register, Executive Order 14004 on Enabling All Qualified Americans to Serve Their Country in Uniform (Jan. 
25, 2021), available at https://www.federalregister.gov/documents/2021/01/28/2021-02034/enabling-all-qualified-americans-
to-serve-their-country-in-uniform (last visited Mar. 16, 2023).  
6
 Dep’t of Defense, Office for Diversity, Equity, and Inclusion, Office for Diversity, Equity, and Inclusion, available at 
https://diversity.defense.gov/ (last visited Mar. 16, 2023).  
7
 Congressional Research Service, supra note 6.   
8
 Dep’t of Defense, DoD Announces New Defense Advisory Committee on Diversity and Inclusion (Sept. 23, 2022), available 
at https://www.defense.gov/News/Releases/Release/Article/3169272/dod-announces-new-defense-advisory-committee-on-
diversity-and-inclusion/ (last visited Mar. 14, 2023).  
9
 Id. 
10
 David Vergun, Dep’t of Defense News, Officials Discuss Diversity, Equity and Inclusion Benefits to DoD (Feb. 2, 2022), 
available at https://www.defense.gov/News/News-Stories/Article/Article/2920971/officials-discuss-diversity-equity-and-
inclusion-benefits-to-dod/ (last visited Mar. 14, 2023).  
11
 Id.  BILL: SM 1382   	Page 3 
 
In addition to the DoD, branches of the military have initiated diversity programs and projects. In 
2020, the Army created Project Inclusion, to improve diversity, equity, and inclusion across the 
force.
12
 Initial measures include omitting official photos from recommendations for applicants to 
officer selection boards and examining possible racial disparity within the military system of 
justice.
13
 The Army through its Recruiting Command established the Diversity Outreach 
Inclusion Team, to increase representation of minorities and women among military personnel.
14
 
In furtherance, the team educates diverse communities on access to college through military 
scholarship offerings and tuition assistance.
15
 
 
On May 3, 2021, the Department of the Navy released immediate measures to promote diversity, 
equity, and inclusion in policies, programs, and operations.
16
 Measures include a review of: 
 Contracting practices to identify improvements to promote supplier diversity; 
 Policies and conventions for naming ships, bases, and other assets by Navy and Marine 
Corps leadership, to recommend improved diverse representation; 
 Guidelines for selection and assignment boards to remove potential barriers to diversity; and  
 Diversity within the Senior Executive Service, and the process of recruitment, selection, and 
development of Senior Executives to improve the pace of diversity and strength of the 
applicant pool, while remaining cognizant of merit system principles.
17
 
 
On August 9, 2022, the Air Force released updated demographic targets among commissioned 
officers.
18
 The Air Force aspires future officer applicants to be: 
 67.5 percent White (down from the 2014 goal of 80 percent); 
 13 percent Black/African American (up from 10 percent); 
 10 percent Asian (up from 8 percent);  
 7 percent multiracial (no previous goal set); 
 1.5 percent American Indian/Native Alaskan (up from 1 percent); and 
 1 percent Native Hawaiian/Pacific Islander (no change).
19
 
 
                                                
12
 U.S. Army Public Affairs, Army unveils new initiative to promote diversity, inclusion across the force (June 25, 2020), 
available at 
https://www.army.mil/article/236766/army_unveils_new_initiative_to_promote_diversity_inclusion_across_the_force (last 
visited Mar. 14, 2023).  
13
 Id. 
14
 Joe Lacdan, Army News Service, USAREC outlines measures to increase inclusivity in recruiting (Mar. 14, 2022), 
available at https://www.army.mil/article/254672/usarec_outlines_measures_to_increase_inclusivity_in_recruiting (last 
visited Mar. 14, 2023).  
15
 Id. 
16
 The Secretary of the Navy, Memorandum for Assistant Secretaries of the Navy Chief of Naval Operations Commandant of 
the Marine Corps, Department of the Navy Diversity, Equity, and Inclusion Planning Actions (May 3, 2021), available at 
https://media.defense.gov/2021/May/17/2002645340/-1/-
1/0/DON%20DIVESITY%20EQUITY%20AND%20INCLUSION%20PLANNING%20ACTIONS.PDF/DON%20DIVESIT
Y%20EQUITY%20AND%20INCLUSION%20PLANNING%20ACTIONS.PDF (last visited Mar. 15, 2023).  
17
 Id. 
18
 Air Force Times, Air Force Leaders Set New Goals, available at https://www.airforcetimes.com/news/your-air-
force/2022/08/30/air-force-leaders-set-new-goals-to-diversify-officer-
corps/#:~:text=As%20of%20June%2C%20just%2023,the%20Air%20Force%20Personnel%20Center (last visited Mar. 15, 
2023).  
19
 Id.   BILL: SM 1382   	Page 4 
 
The Air Force also aims for Hispanic or Latino members to comprise 15 percent of its officer 
applicants, up from 10 percent in 2014.
20
 
 
To increase the number of women in its pool of commissioned officers, the Air Force aims for a 
composition of 64 percent men and 36 percent women. This builds upon the 2014 goal of 70 
percent men to 30 percent women.
21
 
 
Memorial 
A memorial is an official legislative document addressed to the United States Congress, the 
President of the United States, or some other governmental entity that expresses the will of the 
Legislature on a matter within the jurisdiction of the recipient. A memorial requires passage by 
both legislative houses but does not require the Governor’s approval nor is it subject to a veto. 
III. Effect of Proposed Changes: 
SB 1382 provides a memorial to urge the Congress of the United States to use its authorization 
and appropriation authorities to prohibit the use of “woke” social engineering and 
experimentation practices, which erode military effectiveness, and mandate a return to a merit-
based system for military force development and composition. 
 
The memorial requires the Secretary of State to dispatch copies to the President of the United 
States, President of the United States Senate, Speaker of the United States House of 
Representatives, and each member of the Florida delegation to the United States Congress.  
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
None. 
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
None identified. 
                                                
20
 Id. 
21
 Id.  BILL: SM 1382   	Page 5 
 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None. 
B. Private Sector Impact: 
None. 
C. Government Sector Impact: 
None. 
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
None. 
VIII. Statutes Affected: 
None. 
IX. Additional Information: 
A. Committee Substitute – Statement of Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
None. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.