STORAGE NAME: h0929a.IAS DATE: 3/19/2025 1 FLORIDA HOUSE OF REPRESENTATIVES BILL ANALYSIS This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent. BILL #: HB 929 TITLE: Firefighter Health and Safety SPONSOR(S): Booth, Alvarez, D. COMPANION BILL: CS/SB 1212 (DiCeglie) LINKED BILLS: None RELATED BILLS: None Committee References Intergovernmental Affairs 17 Y, 0 N Insurance & Banking State Administration Budget State Affairs SUMMARY Effect of the Bill: The bill revises the Florida Firefighters Occupational Safety and Health Act to add occupational illness and suicide to the health and safety risks the Division of State Fire Marshal must monitor and develop rules, policies, and procedures to address. The bill also requires the division to adopt rules related to establishing mental health best practices, issuing gear that does not contain hazardous or toxic substances, notifying firefighters if gear does contain hazardous or toxic substances, and encouraging firefighter employers to limit normally scheduled shifts to 42 hours per week. Fiscal or Economic Impact: The bill may have an indeterminate negative effect on state and local governments and private firefighter employers not declared exempt by s. 633.528(2), F.S. to the extent those governments would need to purchase and issue gear that does not contain hazardous or toxic materials. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY ANALYSIS EFFECT OF THE BILL: The bill amends the Florida Firefighters Occupational Safety and Health Act to include occupational illness and suicide in the health and safety risks the Division of State Fire Marshal (Division) is required monitor and develop rules, policies, and procedures to address. Specifically, the Division must develop a means to identify firefighter employers with high frequencies of these conditions in addition to those identified in current law, conduct inspections to ensure employers are complying with Division rules, and adds these conditions to the list of items for which the Division can assess penalties. (Sections 1, 4, and 5) The bill requires the Division to adopt rules that: Require firefighter employers to issue firefighting gear that does not contain hazardous or toxic chemicals once such gear becomes readily available commercially; Require firefighter employers that issue gear containing hazardous or toxic substances to provide notice to their firefighter employees of this information; and Encourage firefighter employers to implement work schedules for firefighters that limit normally scheduled shifts to 42 hours per week. (Section 2) The bill adds illnesses and fatalities to the risks the Department of Financial Services must investigate and prescribe by rule safeguards and protections to address. (Section 2) The bill further requires that the Division adopt rules to establish mental health best practices for firefighter employers. (Section 3) The bill provides an effective date of July 1, 2025. (Section 6) JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY 2 RULEMAKING: The bill requires the Division of State Fire Marshal to adopt rules related to the gear issued by firefighter employers, notification of hazardous or toxic chemicals in gear, and to encourage firefighter employers to limit normally scheduled firefighter shifts to 42 hours per week. The bill further requires that the Division adopt rules to establish mental health best practices for firefighter employers. The bill would also require the Division to revise its rules pursuant to ch. 633, F.S. to address the addition of occupational illness and suicide to the health and safety risks the Division investigates and prescribes protective measures for by rule. Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must have a grant of rulemaking authority and a law to implement. FISCAL OR ECONOMIC IMPACT: STATE GOVERNMENT: The bill may have an indeterminate negative effect on state government due to the provision that firefighter employers issue gear that does not contain hazardous or toxic materials once such gear becomes readily available commercially. LOCAL GOVERNMENT: The bill may have an indeterminate negative effect on local governments due to the provision that firefighter employers issue gear that does not contain hazardous or toxic materials once such gear becomes readily available commercially. PRIVATE SECTOR: The bill may have an indeterminate negative effect on private firefighter employers that are not declared exempt by s. 633.528(2), F.S., due to the provision that firefighter employers issue gear that does not contain hazardous or toxic materials once such gear becomes readily available commercially. RELEVANT INFORMATION SUBJECT OVERVIEW: Division of State Fire Marshall State law on fire prevention and control is provided in ch. 633, F.S. The Chief Financial Officer of the state serves as the State Fire Marshal, operating through the Division of the State Fire Marshal (Division). 1 Pursuant to this authority, the State Fire Marshal: Regulates, educates or trains, and certifies fire service personnel; 2 Investigates the causes of fires; 3 Enforces arson laws; 4 Regulates the installation and maintenance of fire equipment; 5 Conducts fire safety inspections of state buildings; 6 Develops fire safety standards; 7 Provides facilities for the analysis of fire debris; 8 and 1 S. 633.104(1), F.S. The Division of the State Fire Marshal is located within the DFS. See s. 20.121, F.S. 2 S. 633.128(1), F.S. Also see Ch. 633, Part IV: Fire Standards and Training, F.S. 3 Ss. 633.104(2)(e), and 633.112, F.S. 4 S. 633.104(2)(e), F.S. 5 S. 633,104(2)(b), F.S. Also see s. 633.104(2)(c), F.S., and Ch. 633, Part III: Fire Protection and Suppression, F.S. 6 S. 633.218, F.S. 7 Ch. 633, Part II: Fire Safety and Prevention, F.S. 8 S. 633.432, F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY 3 Operates the Florida State Fire College. 9 Additionally, the State Fire Marshal adopts by rule the Florida Fire Prevention Code, which contains or references all fire safety laws and rules regarding public and private buildings. 10 The Division consists of the two bureaus: the Bureau of Fire Standards and Training (BFST), and the Bureau of Fire Prevention. 11 The BFST approves Florida's firefighter training curricula and certifies Florida fire service training agencies, instructors, and members. 12 The Inspections Section, under the Bureau of Fire Prevention, annually inspects more than 14,000 state-owned buildings and facilities. 13 Florida Firefighters Occupational Safety and Health Act The Florida Firefighters Occupational Safety and Health Act 14 (FFOSHA) establishes policies, procedures, practices, rules, and standards that reduce the incidence of firefighter employee accidents, firefighter employee occupational diseases, and firefighter employee fatalities. 15 FFOSHA requires the Department of Financial Services to investigate and prescribe by rule what safety devices, safeguards, or other protections must be adopted to prevent accidents and injury at firefighters’ places of employment. 16 FFOSHA further requires that the Division assist in making firefighters’ places of employment 17 safer and decreasing the frequency and severity of on-the-job injuries 18 and authorizes the Division to adopt rules to ensure safe working conditions. 19 FFOSHA also provides for penalties for any firefighter employers 20 that violate or fail to comply with the regulations of the act or with any rule adopted by the Division for the prevention of injuries, accidents, or occupational diseases. 21 Under FFOSHA, the Division must develop a means to identify firefighter employers with a high frequency of firefighter work-related injuries and conduct safety inspections of those employers to ensure compliance with the Division’s rules and make recommendations for health and safety practices to reduce the number of work-related injuries. 22 Copies of any reports that result from a safety inspection must be provided to the firefighter employer and its insurer. 23 Firefighter employers are required to submit a corrective action plan to address any issues contained in the report. The Division must review the plan and decide on its approval within 60 days. If the Division does not make a decision within 60 days, the plan is deemed approved. If the firefighter employer fails to complete or implement a corrective action plan, the Division may assess penalties and the firefighter employer’s insurance may cancel its contract for insurance. 24 9 S. 633.128(1)(h)–(q), F.S. Also see ss. 633.428–633.434, F.S. 10 S. 633.202(1), F.S. 11 My Florida CFO, State Fire Marshal (last visited on Mar. 6, 2025). 12 My Florida CFO, Bureau of Fire Standards and Training (last visited Mar. 6, 2025). 13 My Florida CFO, Bureau of Fire Prevention (last visited Mar. 6, 2025). 14 S. 633.502, F.S., provides that ss. 633.502 through 633.536, F.S. constitute the Florida Firefighters Occupational Safety and Health Act. 15 S. 633.506, F.S. In addition to FFOSHA, s. 633.408(1)(d), F.S. requires that the Division establish courses to provide training for career and volunteer firefighters related to cancer and mental health risks within the fire service. This training is required in order to obtain a Firefighter Certificate of Compliance, Volunteer Firefighter Certificate of Completion, or Special Certificate of Compliance. 16 S. 633.508(7)(a), F.S. 17 S. 633.504(4), F.S., defines a firefighter’s place of employment as the physical location at which the firefighter employee is employed or deployed. 18 S. 633.508(1), F.S. 19 S. 633.508(2), F.S. 20 S. 633.504(2), F.S., defines a firefighter employer as the state and all political subdivisions of this state, all public and quasi- public corporations in this state, and a person carrying on any employment for this state, political subdivisions of this state, and public and quasi-public corporations in this state which employs firefighter employees, except those appointed under s. 590.02(1)(d)., F.S. 21 S. 633.526, F.S. 22 S. 633.522(1), F.S. 23 Id. 24 Ss. 633.522(1), (6) and 633.526, F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY 4 FFOSHA requires that firefighter employers with more than 20 firefighter employees establish a workplace safety committee. 25 Firefighter employers with fewer than 20 firefighter employees that the Division identifies as having a high frequency or high severity of work-related injuries must also establish a workplace safety committee or designate a workplace safety coordinator. 26 FFOSHA requires that the Division adopt rules related to the membership, duties, and recordkeeping of workplace safety committees. 27 The duties of the workplace safety committee or workplace safety coordinator must include, but are not limited to: Establishing workplace safety inspection procedures; Establishing procedures to investigate all workplace accidents, safety incidents, illnesses, and deaths; Evaluating accident prevention programs; and Prescribing training guidelines for committee members. 28 The Division is further required to adopt rules establishing best practices for firefighter employers related to cancer prevention. 29 BILL HISTORY COMMITTEE REFERENCE ACTION DATE STAFF DIRECTOR/ POLICY CHIEF ANALYSIS PREPARED BY Intergovernmental Affairs Subcommittee 17 Y, 0 N 3/19/2025 Darden Jones Insurance & Banking Subcommittee State Administration Budget Subcommittee State Affairs Committee 25 S. 633.522(2)(a), F.S. 26 S. 633.522(2)(b), F.S. 27 S. 633.522(3), F.S. 28 S. 633.522(3)(c), F.S. 29 S. 633.520(2), F.S.