SWFL.io - Local NewsMiyoshi Price
•6/17/2026
FORT MYERS, Fla. (WINK) — Nearly two years after 22-year-old Nathaniel Wilcox died following a physical assessment with the Fort Myers Fire Department, his family is taking the first step toward legal action while pushing for changes they believe could prevent another tragedy.
WINK News exclusively obtained the notice of intent sent to the City of Fort Myers, the Fort Myers Fire Department and the Florida Department of Financial Services. Attorney Ty Roland confirmed to WINK News the notice was sent Monday morning.
Under Florida law, a notice of intent is a required step before a lawsuit may be filed against a government entity. No lawsuit has been filed, and the City of Fort Myers has not admitted wrongdoing.
Jennifer Wilcox describes her son as caring, optimistic and someone who always looked out for others.
"He was the most caring and optimistic person that I've probably ever met," she told WINK News. "He accepted everybody for who they were, and was everybody's coach and everybody's cheerleader."
Wilcox had earned his bachelor's degree from South Carolina State University and dreamed of becoming a firefighter. His mother says that dream grew after firefighters and first responders helped him during a personal emergency years earlier.
"He said, 'You know, Mom, I think I want to be a firefighter ... I want to give back and help people,'" Jennifer Wilcox said.
WINK News reporter Miyoshi Price was at the physical assessment site on July 9, 2024, but left a few hours before Wilcox arrived to take the test.
The day after the tragedy, Fort Myers Fire Chief Tracy McMillion described Wilcox as going through the drills with "hustle and passion."
McMillion said at the time there were no obvious signs that something was wrong as Wilcox moved through the assessment. The chief also noted the department built a 10-minute cutoff into the course to help prevent overexertion.
According to McMillion, Wilcox asked for help after completing the assessment. During the press conference, the Chief said the Fire department staff and Lee County EMS provided care before transporting him to the hospital.
At the time, the cause of death had not yet been determined. The family's attorney has since provided WINK News with a July 15, 2024 document signed by Broward County Chief Medical Examiner Dr. Rebecca MacDougall listing the cause of death as: "Complications of heat-related death in the setting of physical activity."
McMillion also said the department wanted to honor Wilcox's dream of becoming a firefighter. The chief said the family would receive his helmet and jacket as a probationary firefighter, adding, "The only thing that we're sorry for as a fire department is that we never had a chance to actually put him on a truck and have him serve our community."
According to the notice of intent, the family alleges safety failures during the physical assessment contributed to Wilcox's death.
The claim cites weather data showing temperatures reached 94 degrees with a heat index between 105 and 107 degrees the afternoon of July 9, 2024. The family also alleges there was no written heat safety protocol in place at the testing site.
When asked how she responds to people who believe the department followed existing procedures, Jennifer Wilcox told WINK News: "I don't believe they did."
Attorney Ty Roland emphasized that the family's claim is not intended as criticism of firefighters.
"This is not an attack on firefighters, and this is not an attack on the rigors of their job," Roland told WINK News. "Nathaniel wasn't a fireman yet."
Roland said the family hopes to work with city leaders to find solutions while seeking accountability.
Jennifer Wilcox says she cannot bring her son back, but hopes his legacy can help save others.
"I can't bring Nathan back, but I can save somebody else's son, and I can save somebody else's daughter," she said.
The family is seeking financial compensation and policy changes. According to Roland, any financial recovery could help expand heat safety awareness and protections for future recruits and first responders.
The family is asking the city to adopt what they call the Nathaniel Wilcox Foundation Heat Safety Protocol, which would include:
Jennifer Wilcox says her goal is to ensure no other family experiences a similar loss.
"I want to honor Nathan, and this is how I honor Nathan forever — keep pushing, keep fighting for change, and to protect other people," she said.
WINK News reached out to both the City of Fort Myers and the Fort Myers Fire Department for comment.
The city provided WINK News with the following statement:
"The city only recently received the notice, and we're currently reviewing all the details."
Attorney Ty Roland told WINK News no conversations with the city have taken place yet, but he hopes both sides can work together toward solutions.
WINK News has also filed a public records request seeking any heat safety protocols used during the physical assessment and is awaiting those records.