2022 Florida Statutes (including 2022C, 2022D, 2022A, and 2023B)
Florida State Guard Act.
Florida State Guard Act.
1251.001 Florida State Guard Act.—
(1) CREATION AND AUTHORIZATION.—The Florida State Guard is created as authorized under federal law for use exclusively within the state, activated only by the Governor under the specific limitations created by this section, and is at all times under the final command and control of the Governor as commander in chief of all military and guard forces of the state. The Florida State Guard is created and authorized as a component of the organized guard separate and apart from the Florida National Guard and shall be used exclusively within the state for the purposes stated in this section and may not be called, ordered, or drafted into the armed forces of the United States. The authorized maximum number of personnel that may be commissioned, enrolled, or employed as members of the Florida State Guard is 400.
(2) DEFINITIONS.—As used in this section:
(a) The terms “active duty,” “armed forces,” “enlisted personnel,” “National Guard,” and “rank” have the same meanings as in s. 250.01.
(b) 2The term “department” means the Department of Military Affairs.
(c) 2The term “officer” means an officer commissioned by the Governor.
(d) 2The term “organized guard” means an organized military force that is authorized by law.
(e) 2The term “warrant officer” means a technical specialist commissioned as a warrant officer by the Governor.
(3) ADJUTANT GENERAL.—The Adjutant General is the commanding general of the Florida State Guard subject at all times to the Governor as commander in chief. The Adjutant General is responsible for organizing, recruiting, training, equipping, managing, and disciplining the Florida State Guard, including selecting units for activation by the Governor, selecting candidates for commissioning by the Governor, and approving applicants as enlisted personnel.
(a) Subject to approval by the Governor, the Adjutant General shall determine the number of officers, warrant officers, and enlisted personnel necessary to meet the staffing and operational requirements of the Florida State Guard, and determine the specific ranks and number of personnel within each rank.
(b) The Governor shall commission all officers and warrant officers of the Florida State Guard.
(c) Each applicant for the Florida State Guard shall meet the following qualifications:
1. The applicant shall be a citizen of the United States and a resident of the state.
2. The applicant cannot have a felony conviction. Each applicant shall submit a complete set of fingerprints and all information required by state and federal law to process fingerprints for purposes of conducting a criminal background check.
3. The applicant may not be an active duty servicemember, a member of the armed forces reserves, or a member of the Florida National Guard.
4. If the applicant is a former member of the armed forces, the applicant must have been separated under terms no less than a general discharge under honorable conditions.
(d) The Adjutant General shall establish minimum standards for the age, physical and health condition, and physical fitness of applicants which are no less than the standards required for recruitment, enrollment, and retention in the Florida National Guard.
(e) The Adjutant General shall develop and implement a code of regulations for the administration and discipline of members of the Florida State Guard that shall provide no less protection and impose no more severe sanctions than as provided in s. 250.35, except the Adjutant General shall have no authority to impose any term of incarceration.
(5) TRAINING AND EQUIPMENT.—The Adjutant General shall develop and implement a program for training for members of the Florida State Guard.
(a) All training programs for the Florida State Guard shall be at least equivalent to the training requirements for members of the Florida National Guard under applicable federal law at the time the training is conducted. As required by the Adjutant General, all members of the Florida State Guard shall complete initial training within 180 days after their appointment or enrollment and periodic ongoing training.
(b) The Adjutant General may provide for staff to prepare and conduct training required in this section. The staff may include members of the Florida National Guard whose duty assignments may include conducting training under this section but who may not be considered members of the Florida State Guard.
(c) The Adjutant General shall provide all equipment necessary for the training and service of members of the Florida State Guard. The provisions of s. 250.44 apply to the allocation, delegation, use of, and accounting for all equipment furnished under this section.
(d) The Adjutant General may make available for training and other purposes under this section the facilities controlled and operated by the department.
(6) ACTIVATION OF THE FLORIDA STATE GUARD.—
(a) The Florida State Guard, by component units or in total, may be activated during any period when any part of the Florida National Guard is in active federal service and the Governor has declared a state of emergency. The Florida State Guard may be activated as part of an emergency order issued by the Governor or in a separate executive order issued during a declared state of emergency.
(b) The Florida State Guard may be activated only to preserve the public peace, execute the laws of the state, enhance domestic security, respond to terrorist threats or attacks, respond to an emergency as defined in s. 252.34 or imminent danger thereof, or respond to any need for emergency aid to civil authorities as specified in s. 252.38.
(c) The Florida State Guard shall be deactivated by the expiration of the order of activation or 3by a separate order by the Governor deactivating the Florida State Guard.
(7) REIMBURSEMENT AND COMPENSATION.—
(a) The department may reimburse members of the Florida State Guard for per diem and travel expenses incurred to attend required training or in the course of active service as provided in s. 112.061.
(b) Members of the Florida State Guard may be compensated for time spent training or in the course of active service at rates established by the Adjutant General.
(c) No member of the Florida State Guard may make any purchase or enter into any contract or agreement for purchases or services as a charge against the state without the authority of the Adjutant General.
(8) EMPLOYMENT PROTECTION, SUSPENSION OF PROCEEDINGS, LIABILITY, AND WORKERS’ COMPENSATION.—
(a) The protections for members of the Florida National Guard provided in ss. 250.48-250.483 and 250.5201-250.5205 shall apply to each member of the Florida State Guard engaged in required training or active service.
(b) Members of the Florida State Guard ordered into active service or engaged in required training are not liable for any lawful act done in performance of their duties under this section while acting in good faith within the scope of those duties.
(c) While activated or in training, members of the Florida State Guard are considered volunteers for the state, as defined in s. 440.02(15)(d)6., and are entitled to workers’ compensation protections pursuant to chapter 440.
(9) RULEMAKING AUTHORITY.—The Adjutant General, as head of the department, shall adopt rules to implement the provisions of this section.
(10) APPROPRIATION.—This section is subject to an appropriation in the General Appropriations Act.
(11) EXPIRATION.—This section expires July 1, 2023.
History.—s. 80, ch. 2022-157.
1Note.—Section 80, ch. 2022-157, created s. 251.001 “[i]n order to implement Specific Appropriations 3024 through 3033A of the 2022-2023 General Appropriations Act.”
2Note.—The words “The term” were inserted by the editors to conform to paragraph (a), which begins with the words “The terms.”
3Note.—The word “by” was inserted by the editors.