The Florida Free Kill law will continue to deny justice to families across the state. Governor Ron DeSantis followed through on his promise Thursday and vetoed legislation that would have repealed this controversial provision. The veto means Florida remains the only state where some lives are legally considered worthless under medical malpractice law.
What is the Florida Free Kill Law?
The Florida Free Kill law is a provision within Florida Statute 768.21(8) that has been in place since 1990. This law creates significant barriers for certain family members seeking justice in medical malpractice cases. The law specifically prevents two groups from suing for non-economic damages when a loved one dies due to medical negligence.
First, adult children over 25 cannot sue when their single parent dies from medical malpractice. Second, parents of single, childless adults over 25 cannot pursue non-economic damages if their adult child dies due to medical negligence. Third, if the decedent is a widow or widower who dies because of malpractice, no wrongful death claim can be pursued if their spouse predeceased them and there are no survivors. Non-economic damages include compensation for pain and suffering, loss of companionship, and mental anguish.
The Florida Free Kill law effectively makes certain deaths “free” for healthcare providers. These families can still pursue economic damages like medical bills and lost wages. However, they cannot seek compensation for the emotional trauma and suffering caused by losing a loved one.
Understanding what is a wrongful death lawsuit becomes particularly important in Florida, where these unique restrictions apply to certain family members.
The Recent Veto Decision
In May 2025, the Florida Legislature overwhelmingly passed HB 6017 with bipartisan support. The House approved the measure 104 votes to 6. The Senate passed it 33 votes to 4. This legislation would have repealed the controversial provision and restored equal access to justice for all Florida families.
However, Governor DeSantis announced his veto during a news conference outside Lee Health in Fort Myers. He was joined by Florida Surgeon General Joseph Ladapo and several healthcare industry representatives. The governor cited concerns about healthcare costs and physician recruitment as reasons for his decision.
“I think the question is what would this legislation do for costs of health care in Florida,” DeSantis stated. “Access to care in Florida, and our ability to recruit and keep physicians.”
Why the Florida Free Kill Law Was Created
Lawmakers originally enacted this provision in 1990 under Governor Lawton Chiles. The law was designed to keep medical malpractice insurance premiums low. Legislators also wanted to prevent doctors from leaving the state due to high liability costs.
The medical community argued that limiting liability would help control healthcare costs. They believed this approach would make Florida more attractive to physicians. However, critics argue this created an unjust system where some lives have less legal value than others.
The Personal Stories Behind Reform Efforts
Families affected by the Florida Free Kill law have fought for years to change this legislation. Sabrina Davis has been a leading advocate since her father’s death in 2020. Navy veteran Keith Davis died from a blood clot after being admitted to a hospital for knee pain.
Davis successfully filed a complaint against the doctor with the Department of Health. The board found the doctor violated standards of care and committed medical malpractice. They fined the doctor $7,500 and required continuing education on blood clots. However, Davis cannot recover non-economic damages due to the Florida Free Kill law.
“My freedom was taken away after my dad died,” Davis told the Florida Phoenix. She reflected on her father’s military service and her fight for justice. “That freedom my dad fought for in the Navy would not be in vain.”
To better understand the broader context of how Florida wrongful death lawsuits work, it’s important to recognize how these legislative changes would affect the entire legal process.
Opposition Arguments and Healthcare Industry Concerns
Healthcare industry representatives strongly supported the governor’s veto. Florida Justice Reform Institute President William Large joined DeSantis at the press conference. He argued that repealing the law without damage caps would be “catastrophic for Florida’s healthcare system.”
Large cited data showing Florida’s medical malpractice claims are becoming more expensive. According to his research, 10% of claims closed in Florida in 2023 exceeded $1 million. This compares to 7.5% nationwide. Florida has also experienced a 4.7% increase in medical malpractice premiums compared to a 2.1% regional average.
Dr. Lawrence Antonucci, Lee Health President, supported the veto as well. He argued the bill would have increased healthcare costs for everyone. Florida Surgeon General Joseph Ladapo claimed the current system cannot sustain unlimited non-economic damages.
The Governor’s Compromise Proposal
DeSantis suggested he might support future legislation with specific conditions. He indicated support for bills that include caps on non-economic damages in all medical malpractice cases. The governor also wants limits on attorney fees for plaintiffs’ lawyers.
“If you had caps on the amount of damages, people could see that would disincentivize a lot of jackpot justice,” DeSantis stated. The Florida Senate previously rejected damage caps by a single vote. This suggests future reform efforts might need different approaches to gain executive support.
Current Legal Landscape for Medical Malpractice in Florida
Florida has operated without caps on pain and suffering awards since 2017. The Florida Supreme Court ruled damage caps unconstitutional at that time. However, the court’s composition has changed significantly since then. Most current justices were appointed by Governor DeSantis.
The medical community wants to test the new court with legislation including damage caps. They supported HB 6017 only if it included comprehensive caps on non-economic damages. This creates a complex political dynamic for future reform efforts.
The financial impact varies significantly depending on family circumstances. Understanding wrongful death damages and how they’re calculated becomes critical for families navigating these restrictions.
Impact on Florida Families Today
The veto means the Florida Free Kill law continues to affect grieving families across the state. These families must navigate a legal system where outcomes depend on personal circumstances rather than the severity of medical negligence. Florida remains unique among all 50 states with this restrictive approach.
Bill sponsor Representative Dana Trabulsy wrote to the governor before his veto decision. “When a loved one dies due to admitted malpractice, and the law says their life has no legal value because they were an adult with no dependents — that’s not just a legal loophole, that’s a moral failing,” she stated.
The Florida Justice Association criticized the governor’s decision. President Todd Michaels noted that the press conference included “doctors, hospital executives, the insurance industry and other caps proponents, but not a single family or victim of medical negligence.”
Looking Ahead: Potential Override and Future Reform
The Legislature passed HB 6017 with margins large enough to override the governor’s veto. This would require a two-thirds majority in both chambers. However, it remains unclear whether lawmakers will attempt an override.
Some families are already discussing strategies for future legislative sessions. Mary Jo Cain Reis, whose father was allegedly a victim of medical negligence, is working to garner support. “It passed 93% in both chambers, so we need to keep fighting for it,” she said. “We’re not going away.”
Getting Legal Help for Medical Malpractice Florida Cases
If you or a loved one has been affected by medical negligence in Florida, understanding your rights is crucial. The Florida Free Kill law creates complex legal challenges that require experienced guidance. Florida’s medical malpractice statutes remain unique among all states.
At William W. Price P.A., our team understands the intricacies of medical malpractice Florida law. We can help you determine your legal options under current statutes. Our AV-rated firm has the expertise needed to handle complex liability claims in this challenging legal environment.
Board-certified civil trial litigator William Price leads our team with decades of experience. We provide the personalized service and legal expertise necessary to navigate Florida’s complicated medical malpractice landscape. Don’t let complex laws prevent you from seeking justice for your family.
Contact William W. Price P.A. today to discuss your case and learn about your rights under current Florida law. We serve clients throughout Boca, West Palm Beach, Boynton Beach, and Jupiter with dedicated legal representation.
