Rep. Hillary Cassel on Thursday blasted a lobbyist for his testimony on a bill that would increase the potential for wrongful death lawsuits to be filed against Florida doctors and hospitals, accusing him of using scare tactics to try to sink the bill.

During public testimony on HB 6017 before the House Judiciary Committee, lawyer Mark Berlick said allowing adult children of single parents to sue physicians and hospitals for noneconomic damages, such as pain and suffering, would open the door to estranged children suing Florida’s hospitals and physicians.

Berlick, a lawyer with the Bolin Law Group, said he represented the Florida Justice Reform Institute, which champions lawsuit limitations.

He testified that the “bulk” of people who would be filing medical malpractice lawsuits are going to be nonstate residents who are estranged from family members who live in Florida.

“So, though you’ll end up with the individuals that will end up with a check being sent to them for an individual that never sets foot in the state of Florida, they won’t receive any medical care here. They won’t have any taxes paid here. They’ll just simply receive a settlement check from the death of their relatives,” he said.

The comments didn’t sit well with Cassel, a Republican who noted that the majority of the people in the committee hearing who testified on behalf of the bill were Florida residents.

“We as members expect that the people that come before us to provide information are going to do so truthfully and with facts, and for the gentleman from the Florida Justice Reform Institute to come before us and assert that the people that are going to benefit from this don’t live in this state and must be estranged from their families, and we’re going to just be writing checks to estranged members, doesn’t have an ounce of data to support that,” Cassel said.

“And that was nothing more than a scare tactic to this committee, and it’s an insult on our intelligence, and it’s an insult to the people who are here today, who are clearly not estranged from the loved ones that they have lost. And of the ones that have testified, all but two are Floridians. So, if you’re going to come before this committee and make assertions about what’s going to happen if we pass legislation, I expect you bring facts and data and not scare tactics and opinions.”

Quid pro quo

The insurance industry, Florida hospitals associations, and organized medicine such as the Florida Medical and Florida Osteopathic associations, oppose the bill in its current form. But they are willing to support eliminating the ban if the Legislature agrees to limit damages for pain and suffering.

Otherwise, increasing civil liability will further increase medical malpractice insurance rates and drive physicians away from practicing, the opponents say.

To date, neither the House nor Senate have included the industry-coveted caps in the bill. The Senate passed its version, SB 734, earlier this week.

Rudman returns

There are some individual physicians, though, who support the proposal, including former state Rep. Joel Rudman.

Rudman resigned from the House to launch an unsuccessful congressional bid but returned Thursday to testify in support of the bill.

A Navarre physician, Rudman said he came to Florida from Alabama during the 1990s and the high medical malpractice rates didn’t drive him away. The premiums he pays today, he said, haven’t changed in a decade. And the costs of the insurance protection from lawsuits isn’t among his top three overhead costs.

“I’ve had a license since 1997, and I’ve never been sued. I’m very proud of that,” Rudman said. “It’s not because of some bogus protections carve-out in the current statute. It’s because I’m damn good at my job. And this bill will not change that, either. The only doctors that want to see this statute remain in place are bad doctors and, unfortunately, we have a few of those in the state of Florida.”

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The Fort Myers City Council has unanimously approved an agreement for city police to aid deportation efforts by Immigration and Customs Enforcement (ICE). The move reversed a decision made days prior that drew threats of removal from state officials.

A crowd that largely spoke against the agreement booed as Mayor Kevin Anderson gaveled an emergency meeting to a close. But City Council members who changed their vote since Monday said they had little choice on the matter.

Based on state guidance, City Council members said it became clear that an agreement must be in place based on a new immigration law signed by Gov. Ron DeSantis last month.

“To be unequivocal, I am not against ICE. I support lawful deportation. I support our local police and their continued partnership with the federal agencies,” said City Council member Darla Bonk, who initially voted against an agreement.

“I also believe in the rule of law, and I believe our immigration system is deeply flawed and in need of reform. But I also believe in asking questions, and I believe any elected official, when uncertain about the implications of a legal document, not only has the right, but the obligation, to get clarity.”

Bonk took to task City Attorney Grant Alley, alleging that he had failed to advise Council members that rejecting a proposed agreement with ICE would effectively make Fort Myers a sanctuary city.

A day after an agreement failed to pass because of a 3-3 vote by the City Council, Florida Attorney General James Uthmeier threatened an investigation and legal action against Fort Myers, including raising the specter of DeSantis removing City Council members from office.

“It is imperative to our City Attorney that you come prepared to our Council meetings, regardless of what a vote is, with the legal guidance necessary for every possible outcome,” Bonk said. “It is not overstepping us to inform this body of the law and guide us. It is literally your job. You are paid handsomely to protect this Council, and in this matter, you failed us.”

Other state officials rapidly criticized Fort Myers City Council members for shooting down the initial deal negotiated by Fort Myers Police and ICE.

Rep. Jenna Persons-Mulicka, a Fort Myers Republican, spoke at the Friday Council meeting and stressed that the new state law was itself a product of a democratic process.

“This is not a policy discussion or policy issue. Before you all today, that policy debate happened in the halls of Tallahassee, happened on the House floor, happened on the Senate floor,” Persons-Mulicka said.

“The people of Florida have spoken through their elected representatives in the Legislature and through our Governor, who was overwhelmingly re-elected, and the people of Florida have said that we are a law and order state and that we have preempted local government. We will not permit sanctuary cities or sanctuary city policies, and we will no longer permit catch-and-release in the state of Florida.”

Persons-Mulicka also noted that the city has experienced crime problems as a result of illegal immigration. She recalled the death of Fort Myers Police Officer Adam Jobbers-Miller in 2018. An undocumented immigrant was convicted in 2023 of that murder, as covered by Fox 4.

But members of Fort Myers’ Hispanic community said the memorandum puts the city on weak legal ground while creating a division between police and members of the community.

“Why can’t ICE recruit their own people?” asked Cielo Zenteno. “They have jurisdiction here.” She said the agreement between the city and ICE allowed a significant federal overstep.

“Anyone with civic responsibility would want my basic promise: Do not harm my community,” she said. “Immigrants, legal or not, are part of this community.”

Dozens spoke against the law, often heaping criticism at DeSantis and President Donald Trump for pushing for mass deportation of immigrants, saying they are scapegoating an entire community for the crimes of a few. Anderson frequently advised those speaking to the issue that discussing Trump, DeSantis or even the vote taken Monday was off topic, and that citizens should only speak directly to the agreement in front of the board.

Anderson early in the week said he wanted the failure to approve an agreement corrected, especially after receiving Uthmeier’s letter.

“I am in receipt of the AG’s letter and am working with the City Manager and City Attorney to correct the matter,” Anderson said. “While I do not want to see the removal I would have no choice to support the decision if so made.”

Council member Diana Giraldo, who also initially voted down the agreement but reversed her vote Friday, said that it remains unclear what training ICE will administer to Fort Myers officers regarding the enforcement of immigration law.

She also voiced some concern about whether a focus on deportation would actually result in criminals avoiding due process in the U.S. justice system.

“They need to be prosecuted for their actions, regardless of the immigration status,” she said. “If they are here illegally, they have to follow the due process. I am an immigrant. I understand what that means.”

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