The Legislature’s most contentious medical malpractice fight is back.
Just four months after Gov. Ron DeSantis vetoed a bill that would have repealed a contentious law that blocks some families from suing for pain and suffering after medical malpractice deaths, Rep. Dana Trabulsy is bringing the issue to the Legislature again.
The Fort Pierce Republican refiled legislation (HB 6003) identical to the version that passed this past Spring with overwhelming bipartisan support before the Governor rejected it.
At issue is a 35-year-old carve-out in Florida’s Wrongful Death Actthat prevents parents of adults over 25 from recovering non-economic damages, such as grief and loss of companionship, if a hospital or doctor’s error kills them, and bars adult children over 25 from doing the same if their parents die under similar circumstances.
Critics have long labeled the measure “free kill,” arguing it unfairly shields negligent providers while leaving families without recourse. HB 6003 would strike those restrictions, which are unique to Florida.
DeSantis vetoed the 2025 version of the bill (HB 6017), which Jacksonville Republican Sen. Clay Yarborough carried in the Legislature’s upper chamber, on May 29. He pointed to the proposal’s lack of caps on damages — a provision that critics of the legislation repeatedly pushed for — as key to his decision, arguing the change would drive up health care costs, worsen physician shortages and destabilize Florida’s insurance market.
In his veto letter to House Speaker Daniel Perez, the Governor called for future legislation to include limits on payouts to prevent what he described at a subsequent press conference as “jackpot justice.”
Trabulsy’s refiled bill does not include any such caps.
HB 6017, which Orlando Democratic Rep. Johanna López co-prime sponsored with Trabulsy, passed in the House 104-6 and 33-4 in the Senate, with lawmakers from both parties framing the issue as a matter of fairness.
“There’s no difference between a 25-year-and-364-day-old adult and a 26-year-old’s value of life,” Zephyrhills Republican Sen. Danny Burgess said during a Senate floor debate over the measure, calling the current law “one of the most arbitrary of laws we have on our books.”
Ocoee Democratic Rep. LaVon Bracy Davis — who will now serve in the Senate — agreed.
“Grief does not expire at 25. The bond between a parent and child does not dissolve with age, and the right to seek justice should never be determined by a birthday,” she said, adding that ending “free kill” would erase “a stain on our state’s moral conscience.”
(L-R) Reps. Johanna López and Dana Trabulsy, a Fort Pierce Republican and Orlando Democrat, respectively, acknowledge victims’ families in the House Chamber gallery during the passing of HB 6017 on March 26, 2025. Image via Sarah Gray/Florida House.
Others argued that passing the legislation without caps would exacerbate Florida’s already steep medical and medical malpractice insurance costs in Florida. Stuart Republican Sen. Gayle Harrell, a health care information technology executive, warned of the measure’s “unintended consequences,” including a potential dearth in health care providers in a state at risk of suffering marked shortages in doctors and nurses over the next decade.
Passing the bill without limits on payouts would “make it extremely difficult for any provider to come to Florida, when you see what is happening with medical malpractice rates in this state,” she said.
Sen. Jason Pizzo, a Hollywood independent, pushed back on that argument, noting that there is no separate insurance category which excludes “doctors who specialize in making sure they operate on or treat people who have only adult children who can’t recover” damages under Florida law.
“Let’s not race to the bottom,” he said. “Let’s make our doctors better, more responsible.”
Former Navarre Republican Rep. Joel Rudman, a long-practicing physician who left office in January for an unsuccessful congressional run, expressed similar sentiments.
“Doctors aren’t going to leave Florida because of this bill — no good doctor,” he said during one of the bill’s committee stops this year. “If a bad doctor wants to leave, bye.”
Perez said in June that he disagreed with the veto and would support passing the legislation against next year, telling reporters, “I don’t think that we should determine how much a person’s life is worth when someone negligently ended it.”
But with DeSantis’ veto pen at the ready and a passel of trade groups poised to fight the measure if caps aren’t added — the Florida Chamber of Commerce, Associated Industries of Florida, Florida Medical Association and Florida Justice Reform Institute among them — any such legislative victory promises to be short-lived.
Public testimony during the last Session was dominated by family members who lost loved ones and were barred from suing.
Jacksonville Republican Sen. Clay Yarborough talks about HB 6017 on May 1, 2025, ahead of the bill’s final passage. Image via Colin Hackley/Florida Politics.
Cindy Jenkins, whose daughter died in Orlando from what she described as “horrific negligence” at an Orlando hospital, said medical malpractice premiums are high in Florida because Florida has a lot of medical malpractice.
“The way you decrease medical malpractice premiums is to stop medical malpractice,” she said. “My child is a free kill. I have no justice.”
Lauren Korniyenko, whose mother died of an infection following an “uncomplicated” hip surgery, argued that ending “free kill” is congruous with the Governor’s stated goal of tamping down on fiscal irresponsibility.
“In an era focused on greater scrutiny of government spending,” she said, “this law enables the waste and abuse of taxpayer money.”
Karen Aguilar, whose father died in January due to alleged negligence at a Pasco County hospital, derided DeSantis’ description of HB 6017 as “jackpot justice” as nothing short of “disgraceful.”
“No, we’re not sitting here trying to get rich,” she told WFLA in May. “We want accountability.”
Aguilar wasn’t alone in noting that for most people, losing a 25-year-old child or parent to medical malpractice wouldn’t feel like winning the lottery.
Some medical groups, professionals and business interests pushed back. David Mica Jr. of the Florida Hospital Association said that one-third of rural hospitals in Florida operate at a loss and that opening them to more legal action could cripple them.
“We are talking about receiving care in the areas where we need it,” he said
Shelly Nick, a registered nurse now working in health care risk management, called HB 6017 “compassionate but misdirected” and predicted it would lead to at least 500 additional wrongful death lawsuits yearly.
Sherman “Tiger” Joyce, President of the American Tort Reform Association, lauded DeSantis’ veto as “a decisive stand for fairness and common sense in Florida’s courts.”
“We expect legislation like this in New York, not in Florida,” he said.
Trabulsy argued last Session that insurance rates hadn’t dropped despite the 1990 carve-out and that grieving family members shouldn’t “lose the ability to access the courts just because they were the age of 25, unmarried with no dependents.”
She expressed “deep disappointment” over DeSantis’ decision to block her bill, adding that she was “not surprised” but “heartbroken nonetheless.”
“We are the only state that shields bad actors from accountability in such a sweeping way,” she said. “Florida families are counting on us to restore justice and to restore value to every life lost too soon.”
Florida Politics contacted Trabulsy for comment on this story, but did not receive a response by press time.
HB 6003 is the first bill Trabulsy filed for the 2026 Legislative Session, which starts in full on Jan. 13. The bill does not yet have a Senate companion.
The cold war between Florida’s Governor and his predecessor is nearly seven years old and tensions show no signs of thawing.
On Friday, Sen. Rick Scott weighed in on Florida Politics’reporting on the Agency for Health Care Administration’s apparent repayment of $10 million of Medicaid money from a settlement last year, which allegedly had been diverted to the Hope Florida Foundation, summarily filtered through non-profits through political committees, and spent on political purposes.
“I appreciate the efforts by the Florida legislature to hold Hope Florida accountable. Millions in tax dollars for poor kids have no business funding political ads. If any money was misspent, then it should be paid back by the entities responsible, not the taxpayers,” Scott posted to X.
While AHCA Deputy Chief of Staff Mallory McManus says that is an “incorrect” interpretation, she did not respond to a follow-up question asking for further detail this week.
The $10 million under scrutiny was part of a $67 million settlement from state Medicaid contractor Centene, which DeSantis said was “a cherry on top” in the settlement, arguing it wasn’t truly from Medicaid money.
But in terms of the Scott-DeSantis contretemps, it’s the latest example of tensions that seemed to start even before DeSantis was sworn in when Scott left the inauguration of his successor, and which continue in the race to succeed DeSantis, with Scott enthusiastic about current front runner Byron Donalds.
Earlier this year, Scott criticized DeSantis’ call to repeal so-called vaccine mandates for school kids, saying parents could already opt out according to state law.
While running for re-election to the Senate in 2024, Scott critiqued the Heartbeat Protection Act, a law signed by DeSantis that banned abortion after the sixth week of pregnancy with some exceptions, saying the 15 week ban was “where the state’s at.”
In 2023 after Scott endorsed Donald Trump for President while DeSantis was still a candidate, DeSantis said it was an attempt to “short circuit” the voters.
That same year amid DeSantis’ conflict over parental rights legislation with The Walt Disney Co., Scott said it was important for Governors to “work with” major companies in their states.
The critiques went both ways.
When running for office, DeSantis distanced himself from Scott amid controversy about the Senator’s blind trust for his assets as Governor.
“I basically made decisions to serve in uniform, as a prosecutor, and in Congress to my financial detriment,” DeSantis said in October 2018. “I’m not entering (office) with a big trust fund or anything like that, so I’m not going to be entering office with those issues.”
In 2020, when the state’s creaky unemployment website couldn’t handle the surge of applicants for reemployment assistance as the pandemic shut down businesses, DeSantis likened it to a “jalopy in the Daytona 500” and Scott urged him to “quit blaming others” for the website his administration inherited.
The chill between the former and current Governors didn’t abate in time for 2022’s hurricane season, when Scott said DeSantis didn’t talk to him after the fearsome Hurricane Ian ravaged the state.
Enforcing what Gov. Ron DeSantis calls the “rule of law” violates international law and norms, according to a global group weighing in this week.
Amnesty International is the latest group to condemn the treatment of immigrants with disputed documentation at two South Florida lockups, the Krome North Service Processing Center (Krome) and the Everglades Detention Facility (Alligator Alcatraz).
The latter has been a priority of state government since President Donald Trump was inaugurated.
The organization claims treatment of the detained falls “far below international human rights standards.”
Amnesty released a report Friday covering what it calls a “a research trip to southern Florida in September 2025, to document the human rights impacts of federal and state migration and asylum policies on mass detention and deportation, access to due process, and detention conditions since President Trump took office on 20 January 2025.”
“The routine and prolonged use of shackles on individuals detained for immigration purposes, both at detention facilities and during transfer between facilities, constitutes cruel, inhuman and degrading treatment, and may amount to torture or other ill-treatment,” the report concludes.
Gov. DeSantis’ administration spent much of 2025 prioritizing Alligator Alcatraz.
While the state did not comment on the report, Amnesty alleges the state’s “decision to cut resources from essential social and emergency management programs while continuing to allocate resources for immigration detention represents a grave misallocation of state resources. This practice undermines the fulfillment of economic and social rights for Florida residents and reinforces a system of detention that facilitates human rights violations.”
Amnesty urges a series of policy changes that won’t happen, including the repeal of immigration legislation in Senate Bill 4-C, which proscribes penalties for illegal entry and illegal re-entry, mandates imprisonment for being in Florida without being a legal immigrant, and capital punishment for any such undocumented immigrant who commits capital crimes.
The group also recommends ending 287(g) agreements allowing locals to help with immigration enforcement, stopping practices like shackling and solitary confinement, and closing Alligator Alcatraz itself.
Fire pits glow. Singers perform on stage. Fake snow falls down for the Florida kids who don’t know the real thing. Holiday booths sell coquito, sandwiches and hearty snacks. It’s easy to forget that the 408 traffic is in the backdrop or ignore an ambulance siren going by. Instead, you get lost in Santa greeting children and the music on stage from Central Florida’s talent.
The free festival, which is officially open, runs 28 days through Jan. 4 and will feature 80 live performances, holiday movies, nightly tree lightings and more. The slate of performers includes opera singers, high school choirs, jazz performers, Latin Night and more. The schedule is available here.
About 300,000 people are expected to attend — a boon to the city’s economy especially since one 1 of every 4 Dr. Phillips Center visitors typically comes from outside Orange County, said Orange County Commissioner Mike Scott.
“Most importantly, this festival builds connections,” Scott said. “This festival creates a cultural and economic ripple that extends well beyond the borders of downtown.”
The performing arts center has hosted “Lion King,” “Hamilton” and more during its 10 years in business. But during the pandemic, it began using the space out front — its “front yard” — in innovative ways, said Kathy Ramsberger, President and CEO of Dr. Phillips Center.
Keeping patrons spread apart in individual seat boxes, Dr. Phillips held concerts outdoors during the pandemic.
Ramsberger said the Dr. Phillips Center purposefully has chosen not to develop the land in order to keep the space for people to come together.
“Hopefully, this will grow across the street to City Hall, down the street, over to Orange County administration building, up and down Orange Avenue, and the entire city will be connected with something that the City of Orlando started to celebrate Christmas and the holidays,” Ramsberger said.