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 Community Affairs
BILL: SB 1202
INTRODUCER: Senator McClain
SUBJECT: Benefits for Firefighters Injured During Training Exercises
DATE: March 10, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Hackett Fleming CA Pre-meeting
2. GO
3. AP
I. Summary:
SB 1202 provides that a firefighter, their spouse, and dependent children can become eligible for
family health insurance premium payments due to an injury which occurs during an official
training exercise in which the firefighter became totally and permanently disabled.
The bill takes effect July 1, 2025.
II. Present Situation:
Firesafety Enforcement
State law on fire prevention and control designates the Chief Financial Officer (CFO) as the
State Fire Marshal, operating through the Division.
1
The Division is comprised of two bureaus:
the Bureau of Fire Prevention (BFP) and the Bureau of Fire Standards and Training (BFST).
2
The BFP conducts fire/life safety inspections and construction plans review on all state-owned
buildings; regulates the fireworks and the fire sprinkler industries; inspects and licenses boilers;
and certifies suppression industry workers.
3
The State Fire Marshal adopts by rule the Florida Fire Prevention Code (FFPC),
4
which contains
all fire safety laws and rules that pertain to and govern the design, construction, erection,
alteration, modification, repair, and demolition of public and private buildings, structures, and
1
Section 633.104, F.S.
2
Department of Financial Services, Division of the State Fire Marshal, What We Do,
https://www.myfloridacfo.com/division/sfm/ (last visited December 19, 2019).
3
Id.
4
Section 633.202(2), F.S.
REVISED: BILL: SB 1202 Page 2
facilities and the enforcement of such fire safety laws and rules.
5
The State Fire Marshal adopts a
new edition of the FFPC every three years.
6
State law requires all municipalities, counties, and special districts with fire safety
responsibilities to enforce the FFPC as the minimum fire prevention code, which operates
uniformly among local government and in conjunction with the Florida Building Code.
7
These
local enforcing authorities may adopt more stringent firesafety standards, subject to certain
requirements in s. 633.208, F.S., but may not enact firesafety ordinances which conflict with
ch. 633, F.S., or any other state law.
8
The chiefs of local government fire service providers (or their designees) are authorized to
enforce ch. 633, F.S., and the rules prescribed by the State Fire Marshal within their respective
jurisdictions as agents of those jurisdictions, not agents of the State Fire Marshal.
9
Each county,
municipality, and special district with firesafety enforcement responsibilities is also required to
employ or contract with a fire safety inspector (certified by the State Fire Marshal) to conduct all
fire safety inspections required by law.
10
Benefits Available under Chapter 112, F.S.
Chapter 112, F.S., provides death benefits for law enforcement officers, correctional officers,
correctional probation officers, firefighters, instructional staff and school administrators under
specified circumstances.
11
As required by section 31, article X of the State Constitution,
payments are provided to a deceased’s beneficiary, or next of kin if no beneficiary is designated,
in the event of such a first responder’s accidental or intentional death while engaged in the
performance of official duties.
12
5
Section 633.202(1), F.S.
6
Id.
7
Sections 633.108 and 633.208, F.S.
8
Section 633.214(4), F.S. The State Fire Marshal maintains a list of local amendments to the FFPC. This information is
available at https://www.myfloridacfo.com/Division/SFM/bfp/LocalAmendments.htm (last visited December 19, 2019).
9
Section 633.118, F.S.
10
Section 633.216(1), F.S.
11
For definitions of these terms, see ss. 112.19(1) and 112.1915(1)(b), F.S.
12
Section 112.191(1), F.S. BILL: SB 1202 Page 3
Supplemental death benefits, other than direct payment, which are available to law enforcement,
correctional officers, correctional probation officers, firefighters and instructional staff and
school administrators who are killed in the line of duty include the following:
• Funeral and burial expenses (full-time law enforcement, correctional, or correctional
probation officer employed by a state agency under specified circumstances;
13
and
instructional staff and school administrator employed by school district);
14
• Surviving family health insurance premiums payment by political subdivision of the state and
local school district (full-time law enforcement officer or correctional officer;
15
full-time
firefighter;
16
and instructional staff and school administrator);
17
• Family health insurance premium payments for catastrophic injury (full-time law
enforcement, correctional, correctional probation officer,
18
or firefighter
19
employed by state
or a political subdivision of state); and
• Educational expenses of surviving spouse and children (law enforcement, correctional, or
correctional probation officer;
20
firefighter;
21
and instructional staff or school
administrator).
22
Health Insurance Premium Benefits
In certain circumstances an employer may be required to pay for a firefighter’s and their family’s
health insurance premiums.
23
In order for a firefighter, spouse, and dependent children to be
eligible for family health insurance premium payments, the injury must have occurred as either
the result of the firefighter’s response to what is reasonably believed to have been an emergency
involving the protection of life or property, or an unlawful act perpetrated by another person. The
coverage extends to the injured employee’s spouse and dependent children until the child reaches
the age of majority or 25 if the child continues to be dependent for support.
III. Effect of Proposed Changes:
The bill amends s. 112.191, F.S., to provide that, in addition to the existing ways, a firefighter,
their spouse and dependent children can become eligible for family health insurance premium
payments due to an injury which occurs during an official training exercise in which the
firefighter became totally and permanently disabled.
While the bill does not define the term totally and permanently disabled, other statutory
provisions define it generally to mean a person certified by two unrelated physicians to be totally
and permanently disabled.
24
13
Section 112.19(2)(f), F.S.
14
Section 112.1915(3)(b), F.S.
15
Section 112.19(2)(g), F.S.
16
Section 112.191(2)(f), F.S.
17
Section 112.1915(3)(c), F.S.
18
Section 112.19(2)(h), F.S.
19
Section 112.191(2)(g), F.S.
20
Section 112.19(3), F.S.
21
Section 112.191(3), F.S.
22
Section 112.1915(3)(d), F.S. (surviving children only, not spouse).
23
Section 112.191(2)(g), F.S., this paragraph.
24
See section 196.012(11), F.S. BILL: SB 1202 Page 4
The bill takes effect July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Article VII, section 18 (a) of the Florida Constitution provides in 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 bill applies equally to
both state and local governments. Such an exception would require a finding of important
state interest on behalf of the legislature.
The mandate requirements do not apply to laws having an insignificant fiscal impact,
which for Fiscal Year 2025-2026 is forecast at approximately $2.4 million.
25,26,27
The estimated costs for the bill are unknown at this time. If costs imposed by the bill
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 and be approved by a two-thirds vote of the membership of
each house.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
25
FLA. CONST. art. VII, s. 18(d).
26
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), available at http://www.flsenate.gov/PublishedContent/Session/2012/InterimReports/2012-115ca.pdf (last visited
Mar. 7, 2025).
27
Based on the Florida Demographic Estimating Conference’s February 4, 2025 population forecast for 2025 of 23,332,606.
The conference packet is available at: https://edr.state.fl.us/content/conferences/population/ConferenceResults_Tables.pdf
(last visited Mar. 7, 2025). BILL: SB 1202 Page 5
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
A greater number of firefighters and their families may be eligible for coverage of health
insurance premiums.
C. Government Sector Impact:
There will be a state and local impact on employers of firefighters newly required to
cover health insurance premiums. The scope of this impact has not been fully studied at
this time.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 112.191 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.