HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HM 505 Florida National Guard
SPONSOR(S): Daley and others
TIED BILLS: IDEN./SIM. BILLS: SM 826
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration & Veterans Affairs 16 Y, 0 N Mwakyanjala Miller
Subcommittee
2) State Affairs Committee 22 Y, 0 N Mwakyanjala Williamson
SUMMARY ANALYSIS
The United States National Guard traces its history back to December 13, 1636. Since 1792, the President of
the United States has had the power to call forth the militia of the states to execute the laws of the Union,
suppress insurrections, and repel invasions.
The Florida National Guard consists of organized, armed, equipped, and federally recognized enlisted
personnel, commissioned officers, and warrant officers who are citizens of the United States, or who have
declared their intention to become citizens of the United States. The Governor is the commander in chief of all
militia of the state and is responsible for appointing the Adjutant General, who serves as the Commanding
General of the state’s militia. As of August 2021, the Florida National Guard was composed of 10,073 in the
Army National Guard and 2,017 in the Air National Guard, for total authorized personnel of 12,090.
At the federal level, the National Guard Bureau functions as the channel of communications on all matters
pertaining to the National Guard between the Departments of the Army and the Air Force and the States. The
National Guard Bureau is required to submit an annual report to the Secretary of Defense identifying the
personnel, training, and equipment required by the non-federalized National Guard.
The memorial urges the United States Congress to require the United States National Guard Bureau to
examine the resource allocations authorized for the Florida National Guard and allow an increase in its force
structure.
Legislative memorials are not subject to the Governor’s veto powers and are not presented to the Governor for
review. Memorials have no force of law, as they are mechanisms for formally petitioning the federal
government to act on a particular subject.
This memorial does not have a fiscal impact on the state or local governments.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
United States National Guard
The United States National Guard traces its history back to December 13, 1636, the date on which the
Massachusetts militia, by order of the Massachusetts Bay Colony’s General Court, organized into three
permanent regiments to defend the colony.1 The Militia Act of 1792 temporarily gave the President of
the United States the power to call forth the militia of the states 2 to execute the laws of the Union,
suppress insurrections, and repel invasions.3 The Militia Act of 1795 (1795 Act) made the powers given
to the President in the 1792 Act permanent.4
Under the 1795 Act, each state was responsible for organizing its militia and guardsmen were
requested to volunteer. Because each state administered its own militia, funding, organization,
equipment, and training of units varied greatly from state to state and were not always compatible with
the requirements of the United States Army. As there was no legal requirement to volunteer for the
National Guard, many guardsmen refused to answer calls of service. Those who did answer the call to
volunteer often failed their physical examinations and had inadequate training to meet the demands of
active duty and field operations. The Militia Act of 1903 (1903 Act) was passed to remedy these
inadequacies.5 The 1903 Act repealed the 1792 Act and divided the militia into two groups: the National
Guard and the Reserve Militia. The 1903 Act preserved the President’s power to call upon the state
militias but also required every officer and enlisted personnel of the militia refusing to meet the
President’s call be subject to trial by court-martial.6 The 1903 Act also gave a one-time grant of $2
million to the states to modernize equipment, allowed states to use federal funds to pay for training
camps, and required joint United States Regular Army-National Guard maneuvers and training camps.7
The National Defense Act of 1916 (1916 Act) further reformed the National Guard.8 The 1916 Act
expanded the size of the National Guard, required the Guard to follow federal organization and training
standards, authorized overseas service of the Guard, and allowed federal calls to service of unlimited
duration.9 The State of New York created the first aviation National Guard unit on November 1, 1915.10
In 1941, aviation units operating under the National Guard were absorbed into the Army Air Forces. 11
The modern Air National Guard was created in the National Security Act of 1947 (1947 Act). The 1947
Act created the United States Air Force (USAF) as a separate branch of the military and established
the Air National Guard as a component of the USAF.12
1 United States National Guard, How We Began, https://www.nationalguard.mil/about-the-guard/how-we-began/ (last visited on
December 14, 2021).
2 Art. I, s. 8, cl. 16 of the U.S. Constitution reserves to the States the power to appoint officers to and regula te the training of the state’s
militia.
3 1 Stat. Ch. 28 (2d Cong. May 2, 1792).
4 1 Stat. Ch. 36 (3d Cong. Feb. 28, 1795).
5 William M. Donnelly, The Root Reforms and the National Guard, available at https://history.army.mil/documents/1901/root-ng.htm
(last visited on December 22, 2021).
6 Pub. L. No. 57-33, 32 Stat. 775.
7 Supra note 5.
8 Pub. L. No. 64-85, 39 Stat. 166.
9 Glenn Williams, U.S. Army Center of Military History, National Defense Act 1916, available at
https://history.army.mil/news/2016/160500a_natDefAct1916.ht ml (last visited on December 15, 2021).
10 Dr. Charles J. Gross, NGB Historical Services Division, The Air National Guard A Short History, pg. 6, available at
https://www.nationalguard.mil/portals/31/Documents/About/Publications/Document s/Short%20History%20-
%20Air%20National%20Guard.pdf (last visited on December 15, 2021).
11 Id. at 10.
12 Pub. L. No. 80-253, 61 Stat. 495.
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 The National Guard Bureau (NGB) functions as the channel of communications on all matters
pertaining to the National Guard between the Departments of the Army and the Air Force and the
States.13 The Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff and
the Secretaries of the Army and the Air Force, prescribes a charter for the NGB that includes the
allocation of unit structure and strength authorizations for the National Guard in each state.14 The NGB
is required to submit an annual report to the Secretary of Defense, through the Secretaries of the Army
and the Air Force, identifying the personnel, training, and equipment required by the non-federalized
National Guard.15
Florida National Guard
Tracing its own history back to 1565, the year in which Spanish settlers organized their first company of
citizen-soldiers,16 the Florida National Guard is headquartered in St. Augustine and is directed by the
Florida Department of Military Affairs. The mission of the Florida National Guard includes:
 Providing military units and personnel ready to support United States national security
objectives;
 Protecting life and property, and preserving peace, order and public safety; and
 Contributing to such national, state, and local programs that add value to the United States and
the state of Florida.17
The Florida National Guard consists of organized, armed, equipped, and federally recognized enlisted
personnel, commissioned officers, and warrant officers who are citizens of the United States or who
have declared their intention to become citizens of the United States. The Florida National Guard has
separate Army and Air Force components that are subject to the Departments of the Army and the Air
Force, respectively.18 The Governor is the commander in chief of all militia of the state19 and is
responsible for appointing a federally recognized officer of the Florida National Guard to be the Adjutant
General, who serves as the Commanding General of the state’s organized militia.20
As of August 2021, the Florida National Guard was composed of 10,073 soldiers in the Army National
Guard and 2,017 airmen in the Air National Guard, for total authorized personnel of 12,090. The current
estimated population of Florida is 21,477,737, ranking as the third most populous state. 21 However, the
percentage of Florida National Guard soldiers and airmen compared to the state population is 0.0563%
and National Guard strength is 56.3 personnel per 100,000 civilians, rendering Florida’s ratio of Guard
personnel to general population as 53rd out of 54 states and territories participating in the National
Guard. The ratio of Florida National Guard personnel to general population is less than states such as
Alabama, Georgia, Mississippi, or Minnesota that have similarly sized Guard contingents but
significantly less state population.22
Effect of the Proposed Changes
13 10 U.S.C. s. 10501(b).
14 10 U.S.C. s. 10503.
15 10 U.S.C. s. 10504.
16 [need citation]
17 Florida National Guard, About, https://fl.ng.mil/about/Pages/default.aspx (last visited on December 16, 2021).
18 S. 250.07, F.S.
19 S. 250.06, F.S.
20 S. 250.10, F.S. 32 U.S.C. S. 314(a) requires an adjutant general in each state and requires the adjutant general to perform t he duties
prescribed by the laws of the state of appointment.
21 United States Census Bureau, QuickFacts Florida, available at https://www.census.gov/quickfacts/FL (last visited December 22,
2021).
22 See Appendix A. Numbers provided by the Florida Department of Military Affairs with National Guard authorized numbers from
the Army as of August 2020 and authorized numbers from the Air Force as of July 2020, copy on file with the Local Administrat ion
and Veterans Affairs Subcommittee. The Defense Manpower Data Center under the Department of Defense has troop numbers as of
September 2021 at 10,134 in the Florida Army National Guard and 2,203 in the Florida Air National Guard, available at
https://dwp.dmdc.osd.mil/dwp/app/dod-data-reports/workforce-reports (last visited on December 17, 2021).
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 The memorial urges the United States Congress to require the United States National Guard Bureau to
examine the resource allocations of the Florida National Guard and allow an increase in its force
structure.
Copies of the memorial will be sent to the President of the United States, the President of the United
States Senate, the Speaker of the United States House of Representatives, and to each member of the
Florida delegation to the United States Congress.
Legislative memorials are not subject to the Governor’s veto power and are not presented to the
Governor for review. Memorials have no force of law, as they are mechanisms for formally petitioning
the federal government to act on a particular subject.
B. SECTION DIRECTORY:
Not applicable.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This memorial does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The memorial neither authorizes nor requires executive branch rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
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 None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.
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 Appendix A
Column1 STATE ARNG ANG TOTAL STATE NATL GUARD STATE POPULATION % POP NG STRNGTH PER 100K Log NG Strength
1 GUAM 1260 348 1,608 168,775 0.9527% 952.7 2.978977928
2 VIRGIN ISLANDS 761 74 835 104,425 0.7996% 799.6 2.902881992
3 VERMONT 2588 1154 3,742 623,989 0.5997% 599.7 2.777926849
4 NORTH DAKOTA 3332 1216 4,548 762,062 0.5968% 596.8 2.77583015
5 ALASKA 1713 2437 4,150 731,545 0.5673% 567.3 2.75380705
6 WYOMING 1590 1359 2,949 578,759 0.5095% 509.5 2.707177015
7 SOUTH DAKOTA 3285 1063 4,348 884,659 0.4915% 491.5 2.691513635
11 MISSISSIPPI 9724 2636 12,360 2,976,149 0.4153% 415.3 2.618363801
9 HAWAII 3136 2498 5,634 1,415,872 0.3979% 397.9 2.599792849
8 WASH., D.C 1284 1336 2,620 705,749 0.3712% 371.2 2.56965102
12 WEST VIRGINIA 4214 2016 6,230 1,792,147 0.3476% 347.6 2.541114417
10 MONTANA 2596 1017 3,613 1,068,778 0.3380% 338.0 2.528980456
15 DELAWARE 1873 1162 3,035 973,764 0.3117% 311.7 2.493704981
14 RHODE ISLAND 2134 1130 3,264 1,059,361 0.3081% 308.1 2.48870617
13 ARKANSAS 6649 2138 8,787 3,017,804 0.2912% 291.2 2.464149597
16 IOWA 6870 1952 8,822 3,155,070 0.2796% 279.6 2.446558054
17 IDAHO 3333 1361 4,694 1,787,065 0.2627% 262.7 2.419402736
18 ALABAMA 10368 2416 12,784 4,903,185 0.2607% 260.7 2.416188482
19 KANSAS 5032 2310 7,342 2,913,314 0.2520% 252.0 2.401427084
20 NEBRASKA 3797 980 4,777 1,934,408 0.2469% 246.9 2.392607162
21 MAINE 2105 1137 3,242 1,344,212 0.2412% 241.2 2.382345242
25 PUERTO RICO 6415 1226 7,641 3,193,694 0.2393% 239.3 2.378856897
23 UTAH 5914 1417 7,331 3,205,958 0.2287% 228.7 2.359205391
24 LOUISIANA 9150 1470 10,620 4,648,794 0.2284% 228.4 2.358784215
22 OKLAHOMA 6484 2431 8,915 3,956,971 0.2253% 225.3 2.35275848
28 MINNESOTA 9445 2252 11,697 5,639,632 0.2074% 207.4 2.316823724
30 NEW HAMPSHIRE 1694 1078 2,772 1,359,711 0.2039% 203.9 2.309346615
27 SOUTH CAROLINA 9144 1347 10,491 5,148,714 0.2038% 203.8 2.309118119
29 TENNESSEE 10141 3237 13,378 6,829,174 0.1959% 195.9 2.292023013
26 OREGON 5853 2404 8,257 4,217,737 0.1958% 195.8 2.291742789
31 INDIANA 11663 1361 13,024 6,732,219 0.1935% 193.5 2.286586152
32 NEW MEXICO 2863 1035 3,898 2,096,829 0.1859% 185.9 2.26927882
34 MISSOURI 8948 2310