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Lawmaker revives bill to repeal Florida’s ‘free kill’ law after Gov. DeSantis veto

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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 Ron DeSantis vetoed a bill that would have repealed a contentious law that blocks some families from suing for pain and suffering after medical malpractice deaths, Rep.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 Act that 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.


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Debra Tendrich turns ‘pain into policy’ with sweeping anti-domestic violence proposal

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Florida could soon rewrite how it responds to domestic violence.

Lake Worth Democratic Rep. Debra Tendrich has filed HB 277, a sweeping proposal aimed at modernizing the state’s domestic violence laws with major reforms to prevention, first responder training, court safeguards, diversion programs and victim safety.

It’s a deeply personal issue to Tendrich, who moved to Florida in 2012 to escape what she has described as a “domestic violence situation,” with only her daughter and a suitcase.

“As a survivor myself, HB 277 is more than legislation; it is my way of turning pain into policy,” she said in a statement, adding that months of roundtables with survivors and first responders “shaped this bill from start to finish.”

Tendrich said that, if passed, HB 277 or its upper-chamber analogue (SB 682) by Miami Republican Sen. Alexis Calatayud would become Florida’s most comprehensive domestic violence initiative, covering prevention, early intervention, criminal accountability and survivor support.

It would require mandatory strangulation and domestic violence training for emergency medical technicians and paramedics, modernize the legal definition of domestic violence, expand the courts’ authority to order GPS monitoring and strengthen body camera requirements during investigations.

The bill also creates a treatment-based diversion pathway for first-time offenders who plead guilty and complete a batterers intervention program, mental-health services and weekly court-monitored progress reporting. Upon successful completion, charges could be dismissed, a measure Tendrich says will reduce recidivism while maintaining accountability.

On the victim-safety side, HB 277 would flag addresses for 12 months after a domestic-violence 911 call to give responders real-time risk awareness. It would also expand access to text-to-911, require pamphlets detailing the medical dangers of strangulation, authorize well-check visits tied to lethality assessments, enhance penalties for repeat offenders and include pets and service animals in injunctions to prevent coercive control and harm.

Calatayud called it “a tremendous honor and privilege” to work with Tendrich on advancing policy changes “that both law enforcement and survivors of domestic abuse or relationship violence believe are meaningful to protect families across our communities.”

“I’m deeply committed to championing these essential reforms,” she added, saying they would make “a life-or-death difference for women and children in Florida.”

Organizations supporting HB 277 say the bill reflects long-needed, practical reform. Palm Beach County firefighters union IAFF Local 2928 said expanded responder training and improved dispatch information “is exactly the kind of frontline-focused reform that saves lives.”

The Florida Police Benevolent Association called HB 277 a “comprehensive set of measures designed to enhance protections” and pledged to help advance it through the Legislature.

The Animal Legal Defense Fund praised provisions protecting pets in domestic violence cases, noting research showing that 89% of women with pets in abusive relationships have had partners threaten or harm their animals — a major barrier that keeps victims from fleeing.

Florida continues to see high levels of domestic violence. The National Coalition Against Domestic Violence estimates that 38% of Florida women and 29% of Florida men experience intimate-partner violence in their lifetimes — among the highest rates in the country.

With costs rising statewide, HB 277 also increases relocation assistance through the Crimes Compensation Trust Fund, which advocates say is essential because the current $1,500 cap no longer covers basic expenses for victims fleeing dangerous situations.

Tendrich said survivors who contributed to the bill, which Placida Republican Rep. Danny Nix is co-sponsoring, “finally feel seen.”

“This bill will save lives,” she said. “I am proud that this bill has bipartisan support, and I am even more proud of the survivors whose bravery drives every line of this legislation.”



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Ash Marwah, Ralph Massullo battle for SD 11 Special Election

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Even Ash Marwah knows the odds do him no favors.

A Senate district that leans heavily Republican plus a Special Election just weeks before Christmas — Marwah acknowledges it adds up to a likely Tuesday victory for Ralph Massullo.

The Senate District 11 Special Election is Tuesday to fill the void created when Blaise Ingoglia became Chief Financial Officer.

It pits Republican Massullo, a dermatologist and Republican former four-term House member from Lecanto, against Democrat Marwah, a civil engineer from The Villages.

Early voter turnout was light, as would be expected in a low-key standalone Special Election: At 10% or under for Hernando and Pasco counties, 19% in Sumter and 15% in Citrus.

Massullo has eyed this Senate seat since 2022 when he originally planned to leave the House after six years for the SD 11 run. His campaign ended prematurely when Gov. Ron DeSantis backed Ingoglia, leaving Massullo with a final two years in office before term limits ended his House career.

When the SD 11 seat opened up with Ingoglia’s CFO appointment, Massullo jumped in and a host of big-name endorsements followed, including from DeSantis, Ingoglia, Agriculture Commissioner Wilton Simpson, U.S. Sens. Ashley Moody and Rick Scott, four GOP Congressmen, county Sheriffs in the district, and the Florida Chamber of Commerce.

The Florida LGBTQ+ Democratic Caucus is endorsing Marwah.

Marwah ran for HD 52 in 2024, garnering just 24% of the vote against Republican John Temple

Massullo has raised $249,950 to Marwah’s $12,125. Massullo’s $108,000 in spending includes consulting, events and mail pieces. One of those mail pieces reminded voters there’s an election.

The two opponents had few opportunities for head-to-head debate. The League of Women Voters of Citrus County conducted a SD 11 forum on Zoom in late October, when the two candidates clashed over the state’s direction.

Marwah said DeSantis and Republicans are “playing games” in their attempts to redraw congressional district boundaries.

“No need to go through this expense,” he said. “It will really ruin decades of progress in civil rights. We should honor the rule of law that we agreed on that it’ll be done every 10 years. I’m not sure why the game is being played at this point.”

Massullo said congressional districts should reflect population shifts.

“The people of our state deserve to be adequately represented based on population,” he said. “I personally do not believe we should use race as a means to justify particular areas. I’m one that believes we should be blind to race, blind to creed, blind to sex, in everything that we do, particularly looking at population.”

Senate District 11 covers all of Citrus, Hernando and Sumter counties, plus a portion of northern Pasco County. It is safely Republican — Ingoglia won 69% of the vote there in November, and Donald Trump carried the district by the same margin in 2024.



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Miles Davis tapped to lead School Board organizing workshop at national LGBTQ conference

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Miles Davis is taking his Florida-focused organizing playbook to the national stage.

Davis, Policy Director at PRISM Florida and Director of Advocacy and Communications at SAVE, has been selected to present a workshop at the 2026 Creating Change Conference, the largest annual LGBTQ advocacy and movement-building convention.

It’s a major nod to his rising role in Florida’s LGBTQ policy landscape.

The National LGBTQ Task Force, which organizes the conference, announced that Davis will present his session, “School Board Organizing 101.” His proposal rose to the top of more than 550 submissions competing for roughly 140 slots, a press note said, making this year’s conference one of the most competitive program cycles in the event’s history.

His workshop will be scheduled during the Jan. 21-24 gathering in Washington, D.C.

Davis said his selection caps a strong year for PRISM Florida, where he helped shepherd the organization’s first-ever bill (HB 331) into the Legislature. The measure, sponsored by Tampa Democratic Rep. Dianne Hart, would restore local oversight over reproductive health and HIV/AIDS instruction, undoing changes enacted under a 2023 expansion to Florida’s “Parental Rights in Education” law, dubbed “Don’t Say Gay” by critics.

Davis’ workshop draws directly from that work and aims to train LGBTQ youth, families and advocates in how local boards operate, how public comment can shape decisions and how communities can mobilize around issues like book access, inclusive classrooms and student safety.

“School boards are where the real battles over student safety, book access, and inclusive classrooms are happening,” Davis said. “I’m honored to bring this training to Creating Change and help our community build the skills to show up, speak out, and win — especially as PRISM advances legislation like HB 331 that returns power to our local communities.”

Davis’ profile has grown in recent years, during which he jumped from working on the campaigns and legislative teams of lawmakers like Hart and Miami Gardens Democratic Sen. Shevrin Jones to working in key roles for organizations like America Votes, PRISM and SAVE.

The National LGBTQ Task Force, founded in 1973, is one of the nation’s oldest LGBTQ advocacy organizations. It focuses on advancing civil rights through federal policy work, grassroots engagement and leadership development.

Its Creating Change Conference draws thousands for four days of training and strategy-building yearly, a press note said.



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