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House again passes repeal of Florida’s ‘free kill’ law, but bill’s path in Senate questionable

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For the second consecutive Session, House lawmakers have approved legislation to repeal a unique Florida law that today denies some families legal recourse in medical malpractice cases.

It’s the same measure the Legislature passed last year with overwhelming support before Gov. Ron DeSantis vetoed it, warning the bill’s lack of caps on damages would cause malpractice insurance premiums to skyrocket.

This time, however, the bill (HB 6003) does not have a Senate companion, making its path through the upper chamber more arduous.

And because it passed without any changes, making it essentially the same as last year’s measure, the bill’s survival is unlikely if it again reaches the Governor’s desk.

The House passed HB 6003 by an 88-17 margin, with nearly three times as many “nay” votes Thursday as there were in the chamber last March for the bill’s 2025 incarnation.

HB 6003, if it becomes law, would delete a restriction in Florida Statutes blocking the award of noneconomic damages — grief, loss of companionship, pain and suffering, and the like — in cases of lethal medical negligence if the victim is 25 or older, unmarried and without children under 25.

Critics of the 35-year-old restriction have dubbed it “free kill,” as it shields careless providers while leaving surviving loved ones without the same court-based remedies available to others.

That restriction is “un-American,” said Fort Pierce Republican Rep. Dana Trabulsy, the co-prime sponsor of HB 6003 with Orlando Democratic Rep. Johanna López.

“Constitutionally in America, we deserve access to the courts. There should be no exceptions to that,” she said. “This is an unjust law. This is our opportunity to make it right.”

Trabulsy dismissed DeSantis’ explanation for vetoing the bill last year and his assertion that opportunistic lawyers and families would pursue “jackpot justice” if the existing law was repealed.

“This has gone through the courts, and caps have been deemed unconstitutional. That’s why there are no caps on this bill,” she said, referencing Florida cases like Estate of McCall v. United States, North Broward Hospital District v. Kalitan and the 1991 Alabama case Moore v. Mobile Infirmary Association.

Trabulsy also stressed, as she did as HB 6003 advanced through committees, that she believes Florida offers “world-class health care” and is home to exceptionally capable medical professionals and service providers.

“But there is medical malpractice, and when there is, we should be able to hold someone accountable,” she said. “And we can in every other section of law except this one, unless you have a loved one that is over the age of 25, unmarried and (with) no dependents. And in that scenario, your family members just don’t count in the state of Florida. And that’s just wrong.”

López said HB 6003 is about “real people” and named more than a dozen medical malpractice victims whose families had limited ability to seek recompense.

“Their stories remind us that the language in our legal code has real consequences,” she said.

Two other Democratic Representatives — Kevin Chambliss of Homestead and Yvonne Hinson of Gainesville — commended Trabulsy for her work and implored their colleagues in the chamber to support the bill.

Chambliss spoke of Ed Salazar, a Miami-Dade County resident and member of the Florida Medical Rights Association whose 28-year-old son Christopher died of cardiopulmonary arrest while recovering from an auto accident in an intensive care unit. Salazar later penned “A Free Kill” documenting the family’s difficulties dealing with Florida’s “little known law.”

“With this vote,” Chambliss said, “we will be taking an important step in righting the wrong that has happened to this family.”

Hinson briefly discussed an earlier bill she filed to repeal “free kill” that her House peers ignored and a similar proposal former North Fort Myers Republican Rep. Spencer Roach carried in 2022, which the House passed, but the Senate ignored.

She praised Trabulsy for “building a system of support” for HB 6003 and urged support for the change.

“This is a good move,” she said.

“Free kill” was added to Florida’s books in 1990, when lawmakers added the carve-out to the state’s Wrongful Death Act in what at the time was presented as an effort to keep medical insurance premiums down.

The opposite occurred, despite the concession.

As HB 6003 moved forward this year, representatives from medical companies and insurance associations spoke against the proposal, cautioning against passing it without caps on damages like the $1 million limit Senators narrowly rejected before passing its predecessor bill last year.

The Florida Hospital Association’s General Counsel, Kristen Dobson, said in November that Florida is losing doctors at a rate double the national average as obstetricians, surgeons, internists and other specialists face some of the highest medical liability insurance rates in the country.

One major hospital in South Florida saw a 73% year-over-year increase in reinsurance and had to buy insurance through a “below ‘A’-rated carrier” for the first time, she said, attributing the strain felt across the state to liability issues.

Dobson pointed to so-called “nuclear verdicts” — jury-directed lawsuit awards of $10 million or more — she said have become “increasingly common and significantly destabilize the insurance market.” Just two months ago, a jury awarded nearly $71 million in a single case.

“The increasing threat of nuclear verdicts holds hospitals and health care providers hostage, forcing them to settle out of court regardless of the merits of the case, which drags up insurance rates and exacerbates the cost of health care, jeopardizing access to critical health care services in Florida,” she said.

“The cost of this bill will be paid by Floridians, particularly those living in rural communities. Fewer doctors means longer wait times, worsening medical conditions, increased (emergency department use) and higher overall health care costs.”

Trabulsy said Thursday that admonishments of so-called “nuclear verdicts” are scare tactics and such awards won’t happen in Florida if HB 6003 becomes law.

“It was said that we will have family members coming out of the woodwork to sue — we will have multiple family members and there will be nuclear verdicts multiple times for one victim. That’s just not true,” she said. “An estate has to be formed. An estate … brings forth the case, not individual family members. So it’s just not true.”

HB 6003 does not need a sponsor or companion bill in the Senate to pass. The Senate can take it up directly, assign it to appropriate committees — or waive reference — and vote on it, amended or as-is, and return it to the House for concurrence.

The Senate could also replace the text of a Senate bill with the House language via a strike-all amendment.

Jacksonville Republican Sen. Clay Yarborough, who carried the bill’s Senate companion during the 2025 Session, told Florida Politics in September that he did not plan to refile the bill, since he expected DeSantis would veto it again.

No other Senator stepped up to take it in Yarborough’s stead.



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Florida’s AI laws are stronger than you think

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As Florida’s 2026 Legislative Session approaches, artificial intelligence is expected to be a major focus among Tallahassee’s policymakers. Driven by Gov. Ron DeSantis’ calls for greater regulation, the legislature has already filed at least 32 bills ranging from embracing the new technology to banning it. But before legislators weigh these proposals, they should review the protections Florida has already put in place.

The House got a head start on the subject during their inaugural AI Week, convening various agencies, industries, and practitioners to discuss how they are approaching the emerging technology. As legislators consider new AI proposals, they would do well to heed the advice of Leo Schoonover, Chief Information Officer at the Department of Health, who urged the state in an early IT Budget & Policy Subcommittee meeting to “set the floor, not the ceiling.”

Schoonover has reason to be confident.

Over the past few years, Florida has set a strong “floor” of accountability for AI, in some cases without even trying. Those who testified before House committees repeatedly noted that Florida’s existing legal framework already addresses many of the concerns people have about AI. This is largely because preexisting laws tend to be process-neutral, providing penalties for harmful outcomes regardless of the tool or technology used.

Whether the technology is a chatbot, image generator, or diagnostic tool, the same accountability principles apply.

Consider the state’s protections against unauthorized commercial use of someone’s likeness. In 1967, long before generative AI was conceivable, lawmakers established penalties for profiting from a person’s identity without consent. While some fear that AI-generated media might evade these restrictions, the original statute focuses on the transgression rather than the method. Unauthorized profiteering remains illegal, whether the image is captured by a camera or generated by an algorithm.

The same accountability principles apply across licensed professional practices. The Florida Bar testified that lawyers who cite AI-hallucinated cases already face disciplinary action under longstanding ethics rules that predate the technology. Similarly, health care providers confirmed that physicians remain fully liable for any incorrect AI-assisted diagnosis or documentation under existing malpractice standards. Physicians, therefore, have strong reason to actively verify AI outputs rather than defer to them without scrutiny. In both professions, existing accountability structures discourage over-reliance without requiring AI-specific regulation.

Where regulatory gaps have arisen, the Legislature has moved to close them. Since 2022, the Legislature has reaffirmed that willfully promoting an altered sexual depiction of someone without their consent is illegal, most recently with the passage of “Brooke’s Law” last Session. In 2024, the Legislature passed requirements for political advertisements to include a transparency disclosure when content is created using AI. These efforts extend the same process-neutral logic to new contexts, keeping the focus on the harm itself rather than the technology used to commit it. If new gray areas arise in the future, Florida can and should apply the same framework when drafting new protections.

AI Week offered Florida a model for approaching novel technologies. Legislators heard directly from the agencies, industries, and practitioners who work with these tools every day. That kind of informed deliberation is exactly what good policymaking looks like. Florida has taken Schoonover’s approach without even realizing it. Through decades of process-neutral law, Florida has built a strong floor of consumer protection, while recent legislation has filled gaps where needed.

In the upcoming Session, legislators have a chance to build upon that foundation rather than abandon it. The floor is already there. All that’s left is deciding whether to trust it.

___

Turner Loesel is a policy analyst in the Center for Technology and Innovation at The James Madison Institute.



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Carnegie honors 7 State University System schools for outstanding community service

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Seven Florida public universities are earning recognition for outreach to their respective communities in the state.

The State University System (SUS) of Florida announced that the Carnegie Foundation awarded the schools with the 2026 Community Engagement Classification. The award, which is designated by the American Council on Education and Carnegie Foundation for the Advancement of Teaching, highlights colleges and universities that are involved in the community.

The Sunshine State schools receiving the recognition include Florida Atlantic University, Florida Gulf Coast University, Florida International University, Florida State University, the University of Florida, the University of North Florida and the University of South Florida. Of the 12 state universities in Florida, the University of Central Florida and the University of West Florida also obtained the honor in 2024.

“Florida’s public higher education system leads the nation because our focus extends past handing out degrees; our institutions care about their impact on their communities, statewide, and beyond,” said SUS Board of Governors Chair Alan Levine.

“From nursing to engineering to aerospace technology, our academic programs are serving students and Floridians through innovative research and experiential learning that solve today’s challenges and prepare tomorrow’s leaders.”

Carnegie officials note that 230 U.S. higher-education institutions were selected for the award.

“The Community Engagement Classification is awarded following a process of self-study by each institution. The classification has been the leading framework for institutional assessment and recognition of community engagement in U.S. higher education for the past 19 years with classification cycles in 2006, 2008, 2010, 2015, 2020, 2024, and now 2026. The 2029 cycle will be for first-time applicants,” a Carnegie news release said.

SUS officials say the schools never shied away from giving back to residents.

“Under the System’s strategic plan, universities prioritize engaging stakeholders in their communities to elevate student and economic outcomes, and to cultivate prepared and engaged citizens,” said SUS Chancellor Ray Rodrigues.

“Recognition through the Community Engagement Classification demonstrates this plan in action, proving that our universities are a comprehensive resource for communities and businesses across the state and serve Floridians in the ways that matter most.”



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Lift outdated zoning rules to expand affordable housing opportunities for Florida families

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Florida is in the middle of a housing affordability crisis.

Across our state, families are feeling the squeeze of a housing market that no longer works for them. Rapid population growth, rising construction costs, and record-high taxes all contribute to the crisis. But a major part of the problem is far less visible.

Outdated zoning rules are making it harder to build the homes Floridians need.

Minimum lot-size mandates are a major issue. In many communities, local governments require new homes to be built on lots that are far larger than the market demands. This may have made sense a decade ago, but today it limits housing supply, increases costs, and pushes homeownership out of reach for the next generation.

The impact is clear. According to the American Enterprise Institute, Florida faces a housing shortage of more than 486,000 homes. Families are paying more than ever just to keep a roof overhead, and the average home price in Florida has now reached about $400,000. This is a clear sign that housing costs are continuing to rise in Florida, and we urgently need these reforms. Multigenerational households, which are increasingly common in states where families care for multiple children and aging parents under one roof, often cannot expand or add living space because zoning rules restrict growth.

The housing affordability crisis is not accidental. It’s the result of decades of policies that restricted supply, limited housing types, and made it nearly impossible for the market to keep up with demand.

Florida homeowners need common-sense solutions. Thankfully, lawmakers have filed legislation, SB 948 and HB 1143, that would modernize minimum lot size requirements and restore flexibility for both homeowners and builders. This reform would allow the market to produce the smaller, more attainable homes that do not exist today. And Florida would not be alone.

Texas recently enacted similar lot-size reforms and has shown that a conservative, pro-growth approach to zoning works. When Texas lifted unnecessary land-use barriers, communities gained more choices and families benefited from a wider range of affordable housing options.

This effort also aligns with another important housing solution moving through the Legislature. House Bill 313 and Senate Bill 48 strengthen support for accessory dwelling units (ADU), often called garage apartments, in-law suites, or granny flats. ADUs give families a practical way to create affordable rental units, support aging parents, help young adults stay close to home and make better use of underused land near jobs and schools.

Both reforms target the same issue: the lack of affordable homes in communities across Florida.

When local governments enforce large minimum lot sizes, they block the smaller, more affordable homes that many families would choose. They also make it more difficult for ADUs, modular homes, and cottage-style developments to expand.

At a time when families are being priced out of the neighborhoods they love, these restrictions no longer make sense.

By eliminating minimum lot-size mandates, lawmakers can enable new starter homes, duplexes, cottages, and family-friendly ADUs that reflect how people actually live today. A statewide approach would also bring consistency and predictability to a system that currently varies widely across localities.

Florida has always been a place of opportunity. But opportunity means little if families cannot afford to buy a home and stay there.

Americans for Prosperity-Florida supports this legislation because it puts families, homeowners and communities first. Floridians deserve the freedom to use their property in ways that meet their needs while strengthening families and communities. We appreciate Sen. Stan McClain and Rep. Danny Nix, sponsors of SB 948 and HB 1143, along with Sen. Don Gaetz, for driving these common sense solutions that will help lower housing costs and expand opportunities for Florida families.

It is time to lift outdated restrictions and help end the housing affordability crisis.

Together, we can get the government out of the way and create greater housing opportunities for Florida families.

___

Skylar Zander is the State Director of Americans for Prosperity-Florida.



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