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 226
INTRODUCER: Senator Wright
SUBJECT: Florida National Guard
DATE: December 5, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Brown Proctor MS Favorable
2. RC
I. Summary:
SM 226 is a memorial to the Congress of the United States, urging Congress to impel the United
States National Guard Bureau to review resource allocations to the Florida National Guard and
allow an increase to the state’s force structure.
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 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:
National Guard and the National Guard Bureau
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
Today, the National Guard Bureau
oversees each of the 54 National Guards in U.S. states and territories.
4
1
National Defense Act of 1916, Pub. L. 64-85 (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 Nov. 8, 2023).
3
Id. Section 250.01(13), F.S.
4
Air Force, Air National Guard, available at https://www.af.mil/About-Us/Fact-Sheets/Display/Article/104546/air-national-
guard/ (last visited Nov. 8, 2023).
REVISED: BILL: SM 226 Page 2
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
The collective membership of each National Guard is designated as its force structure. The force
structure of each National Guard is allocated by the National Guard Bureau.
6
Florida National Guard
The Florida National Guard dates back to 1565, when Spanish founders of St. Augustine
organized a company of citizen-soldiers to protect the local community.
7
A member of the
Florida National Guard serves either in the state Army National Guard or in the state Air
National Guard, considered a reserve component of each of those armed forces.
8
Overseeing the
National Guard as a federally-recognized officer, the adjutant general is appointed by the
Governor and subject to Senate confirmation.
9
The adjutant general, responsible for training and
operations of the National Guard, must have served in the Florida National Guard for the
preceding 5 years and attained the rank of colonel or higher.
10
Ranked above adjutant general is
the Governor, who serves as commander-in-chief of all militia in the state.
11
Recent Duties of the Florida National Guard
From January to November of 2023, Florida National Guard members have been mobilized to
multiple overseas deployments and assigned to assist and respond to:
Hurricane Idalia response;
Migration support; and
State corrections support.
12
Since September 11, 2001, Florida National Guard members have mobilized to respond to out-
of-state and overseas operations at a rate of over 28,000 deployments.
13
Demographics
The force structure of the Florida National Guard is comprised of more than 12,000 members
14
,
while Florida is the third most-populous state
15
, estimated at more than 22 million residents.
16
This force structure in proportion to the state population ranks Florida 53rd out of the 54 states
5
Id.
6
10 U.S.C. s. 10503(1).
7
Dep’t of Military Affairs, Home, available at https://dma.myflorida.com/ (last visited Nov. 8, 2023).
8
Sections 250.01(3), (6), and (13), F.S.
9
Section 250.10(1), F.S.
10
Id.
11
Section 250.06(1), F.S.
12
Major General John D. Haas, Florida National Guard, Dep’t of Military Affairs, PowerPoint, Florida National Guard,
Dep’t of Military Affairs, Senate Committee on Military and Veteran Affairs, Space, and Domestic Security, pp. 6-7 (Nov. 14,
2023) (on file with the Senate Committee on Military and Veterans Affairs, Space, and Domestic Security).
13
Id. at 5.
14
Id. at 4.
15
United States Census Bureau, Quick Facts, Florida, available at
https://www.census.gov/quickfacts/fact/dashboard/FL,US/PST045222 (last visited Nov. 15, 2023).
16
Id. BILL: SM 226 Page 3
and territories of the United States that have a National Guard.
17
Along with the state’s low
positioning of Florida National Guard members to current population, Florida is expected to
increase in population by five million over the next 10 years.
18
Moreover, Florida ranks as the
4th most disaster-prone state nationally.
19
Congressional Support for Increased Funding and Allocation
On March 24, 2021, members of the Florida Congressional Delegation sent a written request to
both the Secretary of the United States Department of Defense and the Chief of the National
Guard Bureau.
20
In their request, Congress members asked for more equitable funding and
resource allocation for the Florida National Guard. These members of Congress based their
request on the disproportionality between the state population compared to the size of the
structure force, along with the state’s unique vulnerability to continuing disasters.
21
Specifically,
Congressional members specified that if force structure were proportional, the Florida National
Guard would have 21,000, rather than 12,000 Guard members.
22
On June 1, 2021, members of Congress representing California, Texas, and Florida sent a written
request to the Secretary of Defense for an increased allocation for the National Guard particular
to these states.
23
In support, Congressional members cite that California, Texas, and Florida rank
at the lowest level of structure force to population and at the top for highest percentage of largest
counties in the United States, and that these states expect to receive a disproportionate future
increase in migration.
24
Memorial
A memorial is an official legislative document addressed to 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:
The bill is a memorial to the Congress of the United States, urging Congress to impel the United
States National Guard Bureau to review resource allocations to the Florida National Guard and
allow an increase to the state’s force structure.
17
Dep’t of Military Affairs, 2023 Agency Legislative Bill Analysis (SM 226)(on file with the Senate Committee on Military
and Veterans Affairs, Space, and Domestic Security).
18
Id.
19
Id.
20
Letter from members of the Florida Congressional Delegation to Secretary Lloyd J. Austin III, U.S. Dep’t of Defense and
Chief Daniel R. Hokanson, National Guard Bureau, March 24, 2021 (on file with the Senate Committee on Military and
Veterans Affairs, Space, and Domestic Security).
21
Id.
22
Id.
23
Letter from members of the California, Texas, and Florida Congressional Delegations to Secretary Lloyd Austin, U.S.
Dep’t of Defense, June 1, 2021 (on file with the Senate Committee on Military and Veterans Affairs, Space, and Domestic
Security).
24
Id. BILL: SM 226 Page 4
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.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
Because the bill is a memorial, there is no mandated fiscal impact. However, should the
state receive an increase in Florida National Guard members, the state may incur an
indeterminate initial cost of activating additional Florida National Guard members based
on training and equipment costs.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None. BILL: SM 226 Page 5
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.