Florida Senate - 2024 SB 1694 By Senator Collins 14-00806-24 20241694__ 1 A bill to be entitled 2 An act relating to the Florida State Guard; amending 3 s. 251.001, F.S.; providing that the Florida State 4 Guard is composed of volunteers instead of members; 5 defining terms; requiring the Governor to commission 6 all officers of the Florida State Guard; requiring 7 applicants to submit a full set of fingerprints to a 8 specified entity; requiring such entity to forward 9 such fingerprints to the Department of Law Enforcement 10 for a specified purpose; requiring the department to 11 forward such fingerprints to the Federal Bureau of 12 Investigation for a specified purpose; requiring the 13 Florida State Guard to pay the fees for processing and 14 retaining such fingerprints; requiring that any arrest 15 record identified be reported to the Division of the 16 State Guard; deleting a provision requiring that 17 certain applicants be subject to certain standards; 18 deleting a requirement that all training programs for 19 the Florida State Guard be equivalent to a certain 20 training; authorizing the director of the Florida 21 State Guard to order volunteers to duty for specified 22 purposes in certain circumstances; revising the 23 conditions during which the Governor may activate the 24 Florida State Guard; authorizing, rather than 25 requiring, the division to reimburse volunteers for 26 certain expenses; revising the protections that apply 27 to volunteers; providing that, upon the request of a 28 Florida State Guard volunteer, the Department of Legal 29 Affairs may defend the volunteer in any action or 30 proceeding for any act that occurred during the 31 volunteers scope of duty; providing construction; 32 authorizing the ordering of such defendant to full 33 active duty with full active duty compensation for a 34 specified duration; providing that, if a plaintiff 35 dismisses the suit or if a verdict or judgment finds 36 in the defendants favor, the court must award 37 attorney fees and costs to such defendant; making 38 technical changes; providing an effective date. 39 40 Be It Enacted by the Legislature of the State of Florida: 41 42 Section 1.Subsections (2) and (4) through (10) of section 43 251.001, Florida Statutes, are amended to read: 44 251.001Florida State Guard Act. 45 (2)CREATION AND AUTHORIZATION.The Florida State Guard is 46 created to protect and defend the people of Florida from all 47 threats to public safety and to augment all existing state and 48 local agencies. The Florida State Guard is created as authorized 49 under federal law for use exclusively within this the state, 50 activated only by the Governor, and is at all times under the 51 final command and control of the Governor as commander in chief 52 of all military and guard forces of the state. The Florida State 53 Guard may shall be used exclusively within the state, or to 54 provide support to other states, only for the purposes stated in 55 this section and may not be called, ordered, or drafted into the 56 Armed Forces of the United States. The authorized maximum number 57 of volunteer personnel that may be commissioned, enrolled, or 58 employed as volunteers members of the Florida State Guard is 59 1,500. 60 (4)DEFINITIONS.As used in this section: 61 (a)The terms active duty, armed forces, and National 62 Guard have the same meanings as in s. 250.01. 63 (b)The term department means the Department of Military 64 Affairs. 65 (c)The term director means the director of the Division 66 of the State Guard. 67 (d)The term division means the Division of the State 68 Guard within the Department of Military Affairs. 69 (e)The term enlisted volunteer means a volunteer who has 70 been approved by the director to serve in the Florida State 71 Guard. 72 (f)The term officer means an enlisted volunteer who, due 73 to special trust and confidence, is commissioned by the Governor 74 as an officer of the Florida State Guard. 75 (g)The term volunteer means an officer or enlisted 76 volunteer. 77 (5)PERSONNEL. 78 (a)Subject to approval by the Governor, the director shall 79 determine the number of volunteers volunteer personnel necessary 80 to meet the staffing and operational requirements of the Florida 81 State Guard, and determine the volunteer structure and number of 82 volunteers volunteer personnel within each component unit of 83 such structure. 84 (b)The Governor shall commission all officers volunteer 85 personnel of the Florida State Guard. 86 (c)Each applicant for the Florida State Guard shall meet 87 the following qualifications: 88 1.The applicant must be a citizen of the United States and 89 a resident of this the state. 90 2.The applicant may not have a felony conviction. An 91 applicant must submit a full set of fingerprints to the 92 division, vendor, entity, or agency authorized under s. 93 943.053(13). The division, vendor, entity, or agency shall 94 forward the fingerprints to the Department of Law Enforcement 95 for state processing, and the Department of Law Enforcement 96 shall forward the fingerprints to the Federal Bureau of 97 Investigation for a national criminal history check. The Florida 98 State Guard shall pay the fees for state and federal fingerprint 99 processing and retention. The state cost for fingerprint 100 processing is as provided in s. 943.053(3)(e), including 101 enrollment in the Federal Bureau of Investigations national 102 retained fingerprint arrest notification program. Any arrest 103 record identified must be reported to the division Each 104 applicant shall submit a complete set of fingerprints and all 105 information required by state and federal law to process 106 fingerprints for purposes of conducting a criminal background 107 check. 108 3.The applicant may not be an active duty servicemember, a 109 member of the armed forces reserves, or a member of the Florida 110 National Guard. 111 4.If the applicant is a former member of the armed forces 112 or of any military or naval organization of this state or 113 another state, the applicant must have been separated under 114 terms no less than a general discharge under honorable 115 conditions. 116 (d)The director shall establish minimum standards for the 117 age, physical and health condition, and physical fitness of 118 applicants based upon the component unit of the Florida State 119 Guard structure in which the applicant is being considered for 120 placement. However, an applicant being considered for placement 121 in a component unit that serves in an active duty capacity 122 within the Florida State Guard must be subject to standards that 123 are no less than the standards required for recruitment, 124 enrollment, and retention in the Florida National Guard. 125 (e)The director shall develop and implement a code of 126 regulations for the administration and discipline of volunteers 127 members of the Florida State Guard which provides that shall 128 provide no less protection and imposes impose no more severe 129 sanctions than as provided in s. 250.35, except that the 130 director does shall not have authority to impose any term of 131 incarceration. 132 (6)SPECIALIZED UNIT.The director shall organize a 133 specialized unit within the Florida State Guard. All volunteers 134 members of the specialized unit are vested with the authority to 135 bear arms, detect, and apprehend while activated. In addition to 136 the requirements set forth in paragraph (5)(c), only those 137 volunteers members of the specialized unit who meet the 138 requirements in s. 943.13 and are certified as law enforcement 139 officers as defined in s. 943.10(1) are authorized to have the 140 same law enforcement authority as the law enforcement agency in 141 conjunction with which they are working when activated. 142 (7)TRAINING AND EQUIPMENT.The director shall develop and 143 implement a program for training for volunteers members of the 144 Florida State Guard. 145 (a)All training programs for the Florida State Guard shall 146 be at least equivalent to the training requirements for members 147 of the Florida National Guard under applicable federal law at 148 the time the training is conducted. As required by the director, 149 all volunteers members of the Florida State Guard must shall 150 complete initial training within 180 days after their 151 appointment or enrollment and periodic ongoing training. 152 (b)The director may provide for staff to prepare and 153 conduct training required in this section. The staff may include 154 members of the Florida National Guard whose duty assignments may 155 include conducting training under this section but who may not 156 be considered volunteers members of the Florida State Guard. 157 (c)The division shall provide all equipment necessary for 158 the training and service of volunteers members of the Florida 159 State Guard and shall arrange and contract for the use of 160 sufficient and adequate facilities for training, organizing, and 161 all other purposes of the Florida State Guard. Section 250.44 162 applies to the allocation, delegation, use of, and accounting 163 for all equipment furnished under this section. 164 (d)The director may order volunteers of the Florida State 165 Guard to duty for purposes of training and administrative duty, 166 subject to annual appropriations when not activated by order of 167 the Governor. 168 (8)ACTIVATION AND DEACTIVATION OF THE FLORIDA STATE 169 GUARD. 170 (a)The Florida State Guard, by component units or in 171 total, may be activated by order of the Governor: 172 1.During a declared state of emergency, period of civil 173 unrest, or any other time deemed necessary and appropriate, 174 which order must be by written communication to the Director of 175 the Florida State Guard any period when any part of the Florida 176 National Guard is in active federal service and the Governor has 177 declared a state of emergency; 178 2.To preserve the public peace, execute the laws of the 179 state, enhance domestic security, respond to terrorist threats 180 or attacks, protect and defend the people of Florida from 181 threats to public safety, respond to an emergency as defined in 182 s. 252.34 or imminent danger thereof, or respond to any need for 183 emergency aid to civil authorities as specified in s. 252.38; 184 3.To augment any existing state or local agency; or 185 4.To provide support to other states under the Emergency 186 Management Assistance Compact as provided for in part III of 187 chapter 252. 188 (b)The Florida State Guard may only shall be deactivated 189 by the expiration of the order of activation or by a separate 190 order by the Governor deactivating the Florida State Guard. 191 (9)REIMBURSEMENT AND COMPENSATION. 192 (a)The division may shall reimburse volunteers members of 193 the Florida State Guard for per diem and travel expenses 194 incurred to attend required training or in the course of active 195 service as provided in s. 112.061. 196 (b)Volunteers Members of the Florida State Guard may be 197 compensated for time spent training or in the course of active 198 service at rates established by the director, subject to 199 appropriation. 200 (c)A volunteer member of the Florida State Guard may not 201 make any purchase or enter into any contract or agreement for 202 purchases or services as a charge against the state without the 203 authority of the director. 204 (10)EMPLOYMENT PROTECTION, SUSPENSION OF PROCEEDINGS, 205 LIABILITY, AND WORKERS COMPENSATION. 206 (a)The protections for members of the Florida National 207 Guard provided in ss. 115.07, 250.48-250.483, and 250.5201 208 250.5205 apply to each volunteer member of the Florida State 209 Guard engaged in required training or active service. 210 (b)Volunteers Members of the Florida State Guard ordered 211 into active service or engaged in required training are not 212 liable for any lawful act done in performance of their duties 213 under this section while acting in good faith within the scope 214 of those duties. 215 (c)In any action or proceeding of any nature, civil or 216 criminal, commenced in any court by any person or by the state 217 against any volunteer of the Florida State Guard for any act 218 occurring in that volunteers scope of duty, the defendant in 219 such action or proceeding may, upon his or her request, be 220 defended at the expense of the state by a qualified attorney 221 designated by the Department of Legal Affairs. However, this 222 section does not prohibit such defendant from employing his or 223 her own private counsel at the defendants own expense. 224 1.A defendant may be ordered to state active duty with 225 full active duty compensation for the time his or her presence 226 is required in defense of such actions or proceedings. 227 2.In any such action or proceeding, if the plaintiff 228 dismisses his or her suit or a verdict or judgment in favor of 229 the defendant is entered, the court must award costs and 230 reasonable attorney fees incurred by the state and the defendant 231 in the defense of such action or proceeding. 232 (d)While activated or in training, volunteers members of 233 the Florida State Guard are considered volunteers for the state, 234 as defined in s. 440.02(18)(d)6., and are entitled to workers 235 compensation protections pursuant to chapter 440. 236 Section 2.This act shall take effect July 1, 2024.