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 1202
INTRODUCER: Governmental Oversight and Accountability Committee and Senator McClain
SUBJECT: Benefits for Firefighters Injured During Training Exercises
DATE: March 26, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Hackett Fleming CA Favorable
2. McVaney McVaney GO Fav/CS
3. AP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1202 provides that a firefighter, his or her spouse, and his or her 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 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 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 of State Fire Marshal (Division) within the
Department of Financial Services.
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 reviews
1
Section 633.104, F.S.; see s. 633.102(5) (providing the definition of division).
2
Department of Financial Services, Division of the State Fire Marshal, What We Do,
https://www.myfloridacfo.com/division/sfm/ (last visited Mar. 21, 2025).
REVISED: BILL: CS/SB 1202 Page 2
fire/life safety inspections and construction plans for 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), 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
facilities and the enforcement of such fire safety laws and rules. The State Fire Marshal adopts a
new edition of the FFPC every three years.
4
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.
5
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.
6
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.
7
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.
8
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.
9
As required by article X, section 31 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 firefighter’s death while engaged in the performance of official duties.
10
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:
3
Id.
4
Section 633.202(1), F.S.
5
Sections 633.108 and 633.208, F.S.
6
Section 633.214(4), F.S. The State Fire Marshal maintains a list of local amendments to the FFPC. This information is
available at State Fire Marshal, Bureau of Fire Prevention, Local Amendments to the Florida Fire Prevention Code,
MyFloridaCFO, https://myfloridacfo.com/division/sfm/bfp/local-amendments (last visited March 21, 2025).
7
Section 633.118, F.S.
8
Section 633.216(1), F.S.
9
For definitions of these terms, see ss. 112.19(1) and 112.1915(1)(b), F.S.
10
Section 112.191(2)(a)-(d), F.S. See s. 112.191(1)(b) for the relevant definition of firefighter. BILL: CS/SB 1202 Page 3
• Funeral and burial expenses (full-time law enforcement, correctional, or correctional
probation officer employed by a state agency under specified circumstances;
11
and
instructional staff and school administrator employed by school district);
12
• Surviving family health insurance premiums payment by political subdivision of the state and
local school district (full-time law enforcement officer or correctional officer;
13
full-time
firefighter;
14
and instructional staff and school administrator);
15
• Family health insurance premium payments for catastrophic injury (full-time law
enforcement, correctional, correctional probation officer,
16
or firefighter
17
employed by state
or a political subdivision of state); and
• Educational expenses of surviving spouse and children (law enforcement, correctional, or
correctional probation officer;
18
firefighter;
19
and instructional staff or school
administrator).
20
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.
21
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:
Section 1 amends s. 112.191, F.S., to provide that, in addition to the existing ways a firefighter
and his or her spouse and dependent children can become eligible for family health insurance
premium payments, they are also eligible for such benefits if due to an injury which occurs
during an official training exercise the firefighter became totally and permanently disabled.
11
Section 112.19(2)(f), F.S.
12
Section 112.1915(3)(b), F.S.
13
Section 112.19(2)(g), F.S.
14
Section 112.191(2)(f), F.S.
15
Section 112.1915(3)(c), F.S.
16
Section 112.19(2)(h), F.S.
17
Section 112.191(2)(g), F.S.
18
Section 112.19(3), F.S.
19
Section 112.191(3), F.S.
20
Section 112.1915(3)(d), F.S. (surviving children only, not spouse).
21
Section 112.191(2)(g), F.S., this paragraph. BILL: CS/SB 1202 Page 4
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.
22
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 makes a legislative declaration that the bill fulfills an important state interest.
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 (included in section 2 of the bill) 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. Such an exception also
requires a legislative finding that the bill fulfills an important state interest (included in
section 2 of the bill).
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.
23,24,25
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 mandates provisions
apply, in order to be binding upon cities and counties, the bill must contain a finding of
important state interest and either apply to “all persons similarly situated” or be approved
by a two-thirds vote of the membership of each house.
22
See section 196.012(11), F.S.
23
FLA. CONST. art. VII, s. 18(d).
24
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. 21, 2025).
25
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. 21, 2025). BILL: CS/SB 1202 Page 5
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 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 identified.
VII. Related Issues:
None identified.
VIII. Statutes Affected:
This bill substantially amends section 112.191 of the Florida Statutes. BILL: CS/SB 1202 Page 6
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 March 25, 2025:
The committee substitute includes a legislative declaration that the act fulfills an
important state interest.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.