Bill to repeal Florida’s ‘free kill’ law clears hurdle months after Gov. veto

Florida lawmakers took the first steps today to repeal what critics call the state's "free kill" law, marking the latest attempt to end legislation that prevents some families from suing over deadly medical mistakes.

The effort comes months after lawmakers overwhelmingly approved a full repeal last session, only to watch Governor Ron DeSantis veto the measure amid concerns from the healthcare industry.

Watch full report from Katie LaGrone

Republican Representative Dana Trabulsy of Fort Pierce opened Wednesday’s House Civil Justice & Claims Subcommittee meeting with a reference to the past, hoping this session lawmakers will once again approve the bill which ends a measure preventing certain families from suing for pain and suffering over deadly medical negligence.

"You should be feeling a little deja vu; you heard this exact bill last year in this committee," Trabulsy stated as she presented HB 6003.

Families call it Florida's ‘free kill’ law since the exception only applies to those whose loved one wasn't married and at least 25 years old when they died. We’ve been reporting on the law since 2023.

"To discover justice is based on age and marital status is inconceivable," said Daryl Perrit, whose 29-year-old son died of a blood clot after what Perrit called a series of medical mistakes.

Cindy Jenkins' daughter, Taylor, had just turned 25 when she died in a hospital in 2023 after being rear-ended at a traffic light. Jenkins believes her daughter’s death could have been prevented if doctors didn’t misdiagnose a brain injury.

“I’ve lost a child to this. The doctors got a free pass. I will forever refer to this as Florida’s free kill law,” she said to lawmakers.

Most, if not all, the families who spoke before lawmakers in the state capitol on Wednesday had been there before.

Marcie Scheppler has been sharing her son JoJo's story to lawmakers for six years. JoJo, who had Down syndrome and autism, died of septic shock. Scheppler said it happened after she brought him to a hospital, but staff ignored him.

"We shouldn't be protecting bad actors," Scheppler said to lawmakers about how the current exception is not just unfair and discriminatory to families but keeps bad doctors from being held accountable.

But those who oppose repealing the law believe eliminating the exception without capping how much families can sue for will wreak havoc on Florida's healthcare system and scare doctors away.

"If this gets approved, I will quietly retire," said one Tallahassee orthopedic surgeon who voiced concerns about how the bill paves the way for more lawsuits and higher medical malpractice premiums.

“The more we pay out in losses, the higher premiums we have to have,” said Mark Delegal, a lobbyist and attorney for The Doctor’s Company, which is the nation’s largest insurer of physicians.

Among the law’s original intents was to keep malpractice premium costs down. Florida currently leads the country in malpractice premium costs. Families argue this is an example of how the exception has failed to accomplish what it was created to do. Opponents believe this is more reason to keep the provision in place and prevent more lawsuits and rising rates.

The latest legislative battle comes just months after Governor Ron DeSantis vetoed a similar bill last session, echoing concerns from the healthcare industry.

"It would cause malpractice insurance premiums to skyrocket, the folks that we talked to universally said that," DeSantis said back in May during a press conference over the veto.

The governor said he could support a repeal if a bill included caps on damages that can be collected.

On Wednesday, while the bill moved swiftly through its first committee hearing, a few lawmakers acknowledged the need for a balance.

"I have concerns about making insurance affordable. I hope reasonable limits will find its way," said Representative Dean Black of Jacksonville.

But what's reasonable remains a question both sides will continue making their case for.

A companion bill has yet to be introduced in the Florida Senate.

This story was reported on-air by I-Team Investigative Reporter Katie LaGrone and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.

Share Your Story with Katie

Katie LaGrone focuses on making sure Florida’s laws actually work and her investigations have gotten results. If you know of a policy or law that’s not working how it’s intended, send Katie a message below.

Share your story or tip with Katie LaGrone

.