Florida

2024 Legislation

  • House Bill 1551 (Similar to Senate Bill 7058)
    • Spectrum: Bipartisan Bill
    • Status: Passed on March 22 2024 – 100% progression
    • Action: 2024-03-22 – Chapter No. 2024-36
    • Summary: Requires each applicant for Florida State Guard to submit fingerprints to Division of State Guard or to certain vendor, entity, or agency; requires fingerprints to be forwarded to FDLE for state processing & to FBI for national criminal history record check; requires DMA, & authorizes division, to review certain results & make specified determination; requires division to bear fees for state & federal fingerprint processing & retention; specifies state cost for fingerprint processing; requires retention of fingerprints by FDLE & enrollment of fingerprints in FBI’s national retained print arrest notification program; requires identified arrest record to be reported to division.

An act relating to the Florida State Guard; creating s. FS; requiring each applicant for the Florida State Guard to submit a complete set of fingerprints to the Division of the State Guard or to a certain vendor, entity, or agency; requiring fingerprints to be forwarded to the Department of Law Enforcement for state processing and to the Federal Bureau of Investigation for a national criminal history record check; requiring the Department of Military Affairs, and authorizing the division, to review certain results and make a specified determination; requiring the division to bear the fees for state and federal fingerprint processing and retention; specifying the state cost for fingerprint processing; requiring retention of fingerprints by the Department of Law Enforcement and enrollment of the fingerprints in the Federal Bureau of Investigation’s national retained print arrest notification program; requiring an identified arrest record to be reported to the division; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section Section Florida Statutes, is created to read: Florida State Guard applicants; criminal history record checks.— Each applicant for the Florida State Guard must submit a complete set of fingerprints to the Division of the State Guard or to the vendor, entity, or agency authorized by s. to accept electronic fingerprints. The division, vendor, entity, or agency, as applicable, shall forward the fingerprints to the Department of Law Enforcement for state processing, and the Department of Law Enforcement shall forward the fingerprints to the Federal Bureau of Investigation for a national criminal history record check.

The Department of Military Affairs shall, and the Division of the State Guard may, review the results of the state and national criminal history record checks and determine whether the applicant meets the specified qualifications to serve in the Florida State Guard.

Fees for state and federal fingerprint processing and retention must be borne by the Division of the State Guard. The state cost for fingerprint processing must be as provided in s.

Fingerprints submitted to the Department of Law Enforcement pursuant to this section must be retained by the Department of Law Enforcement as provided in s. along with enrollment of the fingerprints in the Federal Bureau of Investigation’s national retained print arrest notification program. Any arrest record identified must be reported to the division.

  • Senate Bill 1694
    • Completed Legislative Action
    • Spectrum: Partisan Bill (Republican 1-0)
    • Status: Failed on March 8 2024 – 100% progression
    • Action: 2024-03-08 – Died in Governmental Oversight and Accountability
    • Summary: Providing that the Florida State Guard is composed of volunteers instead of members; defining terms; requiring the Governor to commission all officers of the Florida State Guard; deleting a requirement that all training programs for the Florida State Guard be equivalent to a certain training; revising the conditions during which the Governor may activate the Florida State Guard, etc.

PDF Bill

  • Senate Bill 7058
    • Status: Introduced on February 7 2024 – 25% progression, died in chamber
    • Action: 2024-03-05 – Laid on Table, refer to CS/HB 1551
    • Summary: Requiring applicants for the Florida State Guard to submit a complete set of fingerprints to the Division of the State Guard or other specified entity, vendor, or agency; requiring that the division or such entity, vendor, or agency forward the fingerprints to the Department of Law Enforcement for processing and that the department forward the fingerprints to the Federal Bureau of Investigation for a national criminal history check; requiring the Department of Military Affairs, and authorizing the division, to review certain results and make a specified determination, etc.

A bill to be entitled An act relating to criminal history checks for the Florida State Guard; creating s. FS; requiring applicants for the Florida State Guard to submit a complete set of fingerprints to the Division of the State Guard or other specified entity, vendor, or agency; requiring that the division or such entity, vendor, or agency forward the fingerprints to the Department of Law Enforcement for processing and that the department forward the fingerprints to the Federal Bureau of Investigation for a national criminal history check; requiring the Department of Military Affairs, and authorizing the division, to review certain results and make a specified determination; requiring the division to bear the fees for state and federal processing of the fingerprints; specifying the state cost for fingerprint processing; requiring that the fingerprints be retained by the Department of Law Enforcement in accordance with a specified provision and enrollment of the fingerprints in the Federal Bureau of Investigation’s national retained print arrest notification program; requiring that identified arrest records be sent to the division; granting rulemaking authority to the Department of Military Affairs and the division; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section Section FS is created to read: Criminal history checks for applicants for the Florida State Guard. Each applicant for the Florida State Guard must submit a complete set of fingerprints to the Division of the State Guard or to the entity, vendor, or agency authorized by s. to accept electronic fingerprints. The division, entity, vendor, or agency, as applicable, shall forward the fingerprints to the Department of Law Enforcement for state processing, and the Department of Law Enforcement shall forward the fingerprints to the Federal Bureau of Investigation for a national criminal history record check.

The Department of Military Affairs shall, and the Division of the State Guard may, review the results of the state and national criminal history record checks and determine whether the applicant meets the specified qualifications to serve in the Florida State Guard.

Fees for state and federal fingerprint processing and retention must be borne by the Division of the State Guard. The state cost for fingerprint processing must be as provided in s.

Fingerprints submitted to the Department of Law Enforcement pursuant to this section must be retained by the Department of Law Enforcement as provided in s. along with enrollment of the fingerprints in the Federal Bureau of Investigation’s national retained print arrest notification program. Any arrest record identified must be reported to the Division of the State Guard.

The Department of Military Affairs may, and the Division of the State Guard shall, adopt rules to implement subsection.

  • House Resolution 8027
    • Spectrum: Partisan Bill (Republican 1-0)
    • Status: Introduced on February 6 2024 – 25% progression, died in chamber
    • Action: 2024-02-21 – Adopted by Publication
    • Summary: Designates August 30, 2024, as “Florida State Guard Day.”

FLORIDA HOUSE OF REPRESENTATIVES

House Resolution

A resolution designating August as “Florida State Guard Day” in Florida.

WHEREAS, the Florida State Guard was originally established in to serve and protect the residents of this state while the Florida National Guard was deployed to active duty in World War II, and

WHEREAS, the task of the citizen soldiers of the Florida State Guard was to fulfill the National Guard’s stateside obligation to protect the homeland, and

WHEREAS, the Florida State Guard was reactivated on June for the first time in years, and

WHEREAS, on June, the newly formed Florida State Guard graduated its first class of approximately soldiers, making Florida one of states that currently maintain a state guard, and

WHEREAS, the mission of the Florida State Guard is to protect and defend the life and property of the people of Florida from all threats to public safety through rapid deployment of ground, maritime, and air capabilities in partnership with state and local agencies, and

WHEREAS, the Florida State Guard was called to active duty and deployed throughout the state as Hurricane Idalia approached north Florida in August, and after the storm made landfall near Keaton Beach on August, the members of the guard launched into action, establishing points of distribution for essential resources, clearing roadways, identifying and surveying damages, assisting with recovery efforts, and distributing thousands of hot meals to those impacted by the storm’s destruction, actions that demonstrated the willingness to come to the aid of their fellow Floridians in times of crisis and uncertainty, NOW, THEREFORE,

Be It Resolved by the House of Representatives of the State of Florida:

That August is designated as “Florida State Guard Day” in the State of Florida.

2023 Legislation

  • House Bill 1285
    • Summary: Revises provisions relating to FSG creation & authorization; provides number of volunteer personnel; establishes Division of State Guard within DMA; provides head of division is director appointed by Governor; removes provisions establishing authority of department & Adjutant General with respect to FSG; provides additional duties of division & director; revises qualifications for FSG applicants; requires specialized unit within FSG; revises criteria for FSG activation; repeals provisions relating to Florida State Defense Force.
    • Status: Enrolled on May 5 2023 – 75% progression
    • Action: 2023-05-22 – Signed by Officers and presented to Governor

Full Legislation:

Florida-2023-H1285-Comm_Sub

2022 Legislation

  • House Bill 5003
    • Summary: Implementing the 2022-2023 General Appropriations Act, includes creation of Florida State Guard
    • Status: 2022-03-14 – Passed

Summary of Bill. The legislation text is very similar to the text of other States’ State Defense Forces laws. The Governor is the Commander in Chief of the Florida State Guard, and The Adjutant General (TAG – Senior National Guard General in charge of Florida Military Forces) is responsible for training standards, as well as issuing missions to the Florida State Guard. The Florida National Guard will setup training programs for the State Guard and such programs must be equivalent to those of the Florida National Guard. The Adjutant General will also setup height, weight, and fitness standards that are equivalent to the Florida National Guard.

Other standards that will apply to the Florida State Guard:

  • Prior Service Servicemen and women can join the State Guard if they received an Honorable Discharge from the United States Military
  • Non-Prior Service recruits must undergo an Initial Entry Training (Basic Training)
  • Each applicant that applies to the Florida State Guard must undergo a Criminal Background check including being fingerprinted
    • Applicants with a felony conviction CANNOT be accepted into the State Guard
  • Protections that the National Guard receives in regards to Workers Compensation, Employment Protection, and Liability apply to the State Guard as well
  • Florida State Guard members may be compensated for State Active Duty service but will be considered Volunteers
  • Florida State Guard can be reimbursed for travel expenses during Active Duty missions and/or training.

Here is the text of the bill referring to the creation of the Florida State Guard (State Defense Force):

*Line 2171 is the last line pertaining to the Florida State Guard

Source: Legiscan