Florida 2025 2025 Regular Session

Florida Senate Bill S1160 Analysis / Analysis

Filed 04/02/2025

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Committee on Governmental Oversight and Accountability  
 
BILL: CS/SB 1160 
INTRODUCER:  Governmental Oversight and Accountability Committee and Senator Leek 
SUBJECT:  Benefits for Certain Officers Injured in the Line of Duty 
DATE: April 2, 2025 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. White McVaney GO Fav/CS 
2.     CJ  
3.     AP  
 
Please see Section IX. for Additional Information: 
COMMITTEE SUBSTITUTE - Substantial Changes 
 
I. Summary: 
CS/SB 1160 expands the circumstances in which a law enforcement, correction, or correctional 
probation officer and his or her spouse and dependent children may become eligible for the 
payment of employer health insurance premium payments to include coverage where the officer 
suffers a catastrophic injury during any in the line of duty work and during official training. 
Under current law, an officer and the family is eligible for coverage only if the officer suffers a 
catastrophic injury as the result of the officer’s response to a fresh pursuit, what he or she 
reasonably believes is an emergency, or an unlawful act. 
 
The state and local governments will likely have to spend money to meet the new benefits 
established in this bill. The magnitude of this impact has not been determined at this time. 
 
The act takes effect on July 1, 2025 
II. Present Situation: 
State Personnel Management System  
The state personnel management system provides means to recruit, select, train, develop, and 
maintain an effective and responsible workforce. The statutes include policies and procedures for 
employee hiring and advancement, training and career development, position classification, 
REVISED:   BILL: CS/SB 1160   	Page 2 
 
salary administration, benefits, discipline, discharge, employee performance evaluations, 
affirmative action, and other related activities.
1
 
 
The Department of Management Services is charged with establishing and maintaining a 
classification and compensation program addressing Career Service, Selected Exempt Service, 
and Senior Management Service positions.
2
 The classification of a position determines the types 
of benefits assigned and its compensation and collective bargaining. A position must be 
classified as Career Service unless specifically exempted by statute.
3
 
 
Law Enforcement 
A “law enforcement agency” means an agency that has a primary mission of preventing and 
detecting crime and enforcing the penal, criminal, traffic, and motor vehicle laws of the state and 
in furtherance of that primary mission employs law enforcement officers.
4
 A “law enforcement 
or correctional officer” means a law enforcement officer, special agent, correctional officer, 
correctional probation officer, or institutional security specialist certified under ch. 943, F.S.
5
 
 
The table below shows the number of certified law enforcement and correctional officers 
employed by each state agency.
6,7 
 
Agency 	Number of Officers 
Agriculture and Consumer Services 	197 
Attorney General Medicaid Fraud Control 	53 
Business and Professional Regulation 	101 
Environmental Protection 	16 
Financial Services 	269 
Gaming Control Commission 	14 
Highway Safety and Motor Vehicles 	2,045 
Law Enforcement 	543 
Office of the Attorney General, Medicaid Fraud Control Unit 	53 
Lottery 	24 
Fish and Wildlife Conservation Commission 	821 
State Attorney’s Office 	250 
State Court System 	75 
State University & Colleges Police Departments  	614 
Florida School For Deaf and Blind Campus Police Security Services 	10 
 
1
 Section 110.105(1), F.S. Chapter 110, F.S., establishes the state’s personnel management system. 
2
 Section 110.2035(1), F.S. 
3
 Section 110.205(1), F.S. 
4
 Section 943.1718, F.S. 
5
 Section 110.107(14), F.S. 
6
 Florida Department of Law Enforcement, Criminal Justice Agency Profile Report 2022, State Agencies, available at 
https://www.fdle.state.fl.us/CJSTC/Publications/CJAP/CJAP.aspx (last visited Mar. 27, 2025). 
7
 Florida Department of Law Enforcement, Criminal Justice Agency Profile Report 2021, Schools and Ports, available at 
https://www.fdle.state.fl.us/CJSTC/Publications/CJAP/CJAP.aspx (last visited Mar. 27, 2025). 
  BILL: CS/SB 1160   	Page 3 
 
Agency 	Number of Officers 
Florida Department of Corrections  	17,630 
Florida Department of Corrections, Office of Inspector General 	181 
Florida State Hospital 	75 
Florida State Hospital/Agency for Persons with Disabilities 	57 
North Florida Evaluation and Treatment Center 	48 
Wellpath Treasure Coast Forensic Treatment Center 	68 
Total Number of Officers 	23,144 
 
Injury and Death Benefits for Officers 
State law provides a variety of death benefits for public employees. The current statutory 
benefits may be associated with supplemental benefits provided under chapter 112, F.S., death 
benefits provided under state and local government retirement systems, emergency responder 
death benefits administered by the Department of Legal Affairs, and workers compensation.  
 
Under both the State Constitution and state law, law enforcement officers and their spouses and 
dependent children receive additional benefits when the officer is injured or dies in the line of 
duty.  
 
Constitutional Requirements 
Article X, section 31 of the State Constitution requires a death benefit to be paid by the 
employing agency and the state to waive certain education expenses when a law enforcement 
officer, correctional officer, correctional probation officer, firefighter, paramedic, emergency 
medical technician or a member of the Florida National Guard, while engaged in the 
performance of official duties, is killed accidentally, unlawfully and intentionally, or during 
active duty. The surviving child or children and spouse are eligible to benefit from the waiver of 
educational expenses while obtaining a career certificate, an undergraduate education, or a 
postgraduate education.   
 
To be eligible for the benefits under the State Constitution, the law enforcement officer, 
correctional officer, correctional probation officer, firefighter, paramedic, and emergency 
medical technician must be employed by the state or any of its subdivisions at the time of death. 
 
In addition, the State Constitution requires a death benefit to be paid from the General Revenue 
Fund and the state to waive certain education expenses when a member of the United States 
Armed Forces, including a Florida National Guard member on federal active duty, is killed 
accidentally, unlawfully and intentionally, or during active duty. The surviving child or children 
and spouse are eligible to benefit from the waiver of educational expenses while obtaining a 
career certificate, an undergraduate education, or a postgraduate education.   
 
For a member of the military to be eligible, the member must have been a resident of the state or 
his or her duty post must have been within the state, at the time of death. 
  BILL: CS/SB 1160   	Page 4 
 
Section 112.19, F.S., Statutory Benefits 
Section 112.19, F.S., provides additional benefits, including a monetary payment, waiver of 
educational costs, and health insurance premiums, to the families of officers killed or injured in 
certain circumstances; as well as benefits for the surviving officer, if applicable. For these 
purposes, the term “officer” includes members of bomb disposal units; certain circuit and county 
court bailiffs; and individuals whose duties require him or her to investigate, pursue, apprehend, 
arrest, transport, or maintain custody of persons who are charged with, suspected of committing, 
or convicted of a crime; and are employed or appointed as a full-time, part-time, or auxiliary by 
the state or political subdivision thereof as a: 
• Law enforcement officer;  
• Correctional officer; 
• Correctional probation officer;  
• State attorney investigator;  
• Public defender investigator; or  
• Criminal conflict and civil regional counsel investigator.
8
 
 
Any employer who employs a full-time officer who suffers a catastrophic injury in the line of 
duty must cover the employee and his or her spouse and dependent child’s premium for the 
health insurance plan
9
 if the injury occurred while the officer was responding to a fresh pursuit, 
what the officer reasonably believed to be an emergency, or perceived unlawful act.
10
  
 
For purposes of this benefit, the employer is required to provide the basic group health insurance 
plan. Additionally, the employer must cover the dependent child’s health insurance premium 
until the individual becomes a student or reaches the age of 25.
11
 A catastrophic injury is a 
permanent impairment constituted by: 
• Spinal cord injury involving severe paralysis of an arm, a leg, or the trunk; 
• Amputation of an arm, a hand, a foot, or a leg involving the effective loss of use of that 
appendage; 
• Severe brain or closed-head injury as evidenced by: 
o Severe sensory or motor disturbances; 
o Severe communication disturbances; 
o Severe complex integrated disturbances of cerebral function; 
o Severe episodic neurological disorders; or 
o Other severe brain and closed-head injury conditions at least as severe in nature as any 
condition provided above; 
• Second-degree or third-degree burns of 25 percent or more of the total body surface or third-
degree burns of 5 percent or more to the face and hands; 
• Total or industrial blindness; or 
• Any other injury that would otherwise qualify under this chapter of a nature and severity that 
would qualify an employee to receive disability income benefits or supplemental security 
income benefits.
12
  
 
8
 Section 112.19(1)(d), F.S.; see s. 943.10(14), F.S. (cited by s. 112.19(1)(d), F.S.). 
9
 Section 112.19(2)(h)1., F.S. 
10
 Section 112.19(2)(h)2., F.S. 
11
 Section 112.19(2)(h)1., F.S. 
12
 See s. 440.02, F.S. (2002 version)(cited by s. 112.19(2)(h)).  BILL: CS/SB 1160   	Page 5 
 
 
These payments to the spouse and dependent child continue if the officer subsequently dies. 
III. Effect of Proposed Changes: 
Section 1 amends 112.19, F.S., to expand the manner in which a law enforcement, correction, or 
correctional probation officer, and his or her spouse and dependent children can become eligible 
for the payment of employer health insurance premium payments, to include coverage where the 
officer suffers a catastrophic injury during any in-the-line of duty work, and during official 
training. 
 
The bill contains no indication that it is intended to be retroactive in effect. Thus, the bill will 
have prospective application and should apply only to those injured on or after July 1, 2025. 
 
Section 2 provides that the Legislature determines and declares that the Act fulfills an important 
state interest.  
 
Section 3 provides the act takes effect on July 1, 2025. 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
Article VII, section 18(a) of the State Constitution provides, in relevant part, that a 
county or municipality may not be bound by a general law requiring a county or 
municipality to spend funds or take an action that requires the expenditure of funds unless 
certain specified exemptions or exceptions are met. Under the bill local governments may 
be required to pay for additional health insurance premiums. If the bill does qualify as a 
mandate, in order to be binding upon cities and counties, the bill must contain a finding 
of important state interest and be approved by a two-thirds vote of the membership of 
each house. 
 
The bill may be excepted from the mandates provision because the expenditure is 
required to comply with a law that that applies to “all persons similarly situated” 
including state, counties, municipalities, and fire control districts. However, the bill 
applies only to public employers and excludes private employers. This is therefore 
unlikely to be found to affect all persons similarly situated. If it were, such exception 
would require a finding of important state interest on behalf of the legislature. 
 
The mandate requirements do not apply to laws that have an insignificant fiscal impact, 
which for Fiscal Year 2025-2026 is forecast at approximately $2.4 million.
13, 14, 15 
The 
estimated costs for the bill are unknown at this time. If the costs imposed by the bill 
 
13
 FLA. CONST. art. VII, s. 18(d). 
14
 An insignificant fiscal impact is the amount not greater than the average statewide population for the applicable fiscal year 
times $0.10. See Florida Senate Committee on Community Affairs, Interim Report 2012-115: Insignificant Impact, (Sept. 
2011), http://www.flsenate.gov/PublishedContent/Session/2012/InterimReports/2012-115ca.pdf (last visited Mar. 16, 2025). 
15
 Based on the Florida Demographic Estimating Conference’s February 4, 2025 population forecast for 2025 of 23,332,606. 
https://edr.state.fl.us/content/conferences/population/ConferenceResults_Tables.pdf (last visited Mar. 16, 2025).  BILL: CS/SB 1160   	Page 6 
 
exceed $2.4 million, the mandates provisions may apply. If the bill does qualify as a 
mandate, in order to be binding upon cities and counties, the bill must contain a finding 
of important state interest; such a finding is included in section 2 of the bill. Additionally, 
the bill must be approved by a two-thirds vote of the membership of each house. 
 
This bill currently does not contain a finding of important state interest. 
B. Public Records/Open Meetings Issues: 
None identified. 
C. Trust Funds Restrictions: 
None identified. 
D. State Tax or Fee Increases: 
None identified. 
E. Other Constitutional Issues: 
None identified. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None identified. 
B. Private Sector Impact: 
A greater number of law enforcement officers, correctional officers, and correctional 
probation officers and their families may be eligible for coverage of health insurance 
premiums. 
C. Government Sector Impact: 
There will be state and local additional costs for employers of officers newly required to 
cover health insurance premiums. The scope of this impact has not been fully studied at 
this time. 
VI. Technical Deficiencies: 
None identified.  
VII. Related Issues: 
None identified.  BILL: CS/SB 1160   	Page 7 
 
VIII. Statutes Affected: 
This bill substantially amends section 112.19 of the Florida Statutes. 
IX. Additional Information: 
A. Committee Substitute – Statement of Substantial Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
CS by Governmental Oversight and Accountability on April 1, 2025: 
Adds a legislative determination and declaration that the act fulfills an important state 
interest, to comply with the requirements of Article VII, section 18 of the State 
Constitution. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.