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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 Ron DeSantis vetoed a bill that would have repealed a contentious law that blocks some families from suing for pain and suffering after medical malpractice deaths, Rep.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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Senate committee willing to test the waters on expanding swim lesson vouchers

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The Senate Health Policy Committee plunged into a proposal to expand the Florida swim lesson voucher program that provides financial help for teaching kids how to handle water.

The panel approved a measure (SB 428) by Sen. Clay Yarborough, a Jacksonville Republican, to allow older kids to qualify for the voucher program. The current program, originally enacted in 2024, provides vouchers for families of children aged 0 to 4 years old. Yarborough’s bill would allow kids 1 to 7 to qualify for vouchers.

Yarborough told the committee that in the first year of life for infants, they don’t really “learn” how to swim as much as they act instinctively in the water. Furthermore, he said, adding additional years will help ensure lessons for children who didn’t get around to learning how to swim earlier.

Corrine Bria, a pediatric emergency medical physician at Nemours Children’s Health facility in Orlando, spoke at the hearing and said the rise in young drownings is heartbreaking. Nemours has handled 35 drownings of children in the past three years, and 90% of those are under the age of 7, Bria said.

“As a physician in a pediatric emergency department I see firsthand what it looks like when a child gets carried into the ED (emergency department) by a parent or brought in on a stretcher after drowning,” Bria said. “We know that a child can drown in a matter of seconds and this happens too frequently in Florida.”

Jason Hagensick, President and CEO of the YMCA of South Palm Beach County, also addressed the committee on behalf of the Florida State Alliance of YMCAs and said the revision to the swimming lesson voucher program would be a big improvement.

“Drowning remains a leading cause of unintentional injury (and) death in the United States,” Hagensick said, adding that early swim lessons reduce the risk of drowning by 88%.

“Expanding the swim voucher program to include children up to the age of 7 will dramatically increase access to essential swim instruction at a time when those skills are most impactful,” Hagensick continued. “It will deepen water competency and strengthen confidence for kids and parents alike and help prevent needless tragedies that devastate families and communities.”

A similar bill (HB 85) is working its way through the House. The House Health Care Budget Subcommittee approved that measure last week. Rep. Kim Kendall, a St. Augustine Republican, is sponsoring the House version.



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Senate advances Jason Pizzo bill extending PTSD workers’ comp coverage to 911 dispatchers

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Legislation that would narrowly recategorize 911 dispatchers as first responders so they can receive workers’ compensation for work-related psychological injuries is one step closer to passing in the Legislature’s upper chamber.

Members of the Government Oversight and Accountability Committee voted unanimously to advance the bill (SB 774), which would eliminate a barrier that today denies aid to people who are often the first to respond to a crime.

The measure’s sponsor, Hollywood Sen. Jason Pizzo, noted that during his time as a prosecutor, playing a 911 call would often be the most effective thing to do to sway a jury.

“911, what’s your emergency? He’s going to kill me! He’s going to kill me! Now, imagine hearing that 12 times a day, 15 times a day,” he said.

“Two years ago, you all voted to require these 911 operators to be proficient in CPR so they could administer (it) over the phone. And they’re not considered first responders? They are first responders, and they’ve been grossly overlooked and screwed, and this brings some remedy.”

SB 774 would add 911 dispatchers to the group of “first responders” covered by Florida’s special workers’-compensation rules for employment-related mental or nervous injuries. It would apply the same framework to them as other first responders for mental health claims.

Essentially, if you’re a 911 dispatcher and develop post-traumatic stress disorder, anxiety or similar mental health injuries from traumatic calls, SB 774 would make it so you can get workers’ comp-covered treatment and that your claim is handled under the same special rules lawmakers already set for other first responders — without certain time-limit restrictions that typically apply to mental injury benefits.

Several dispatchers signaled or spoke in favor of the bill, as did representatives from the Florida Police Chiefs Association, Florida Sheriffs Association and Consolidated Dispatch Agency.

Jennifer Dana, a dispatcher with the Palm Beach Sheriff’s Office, noted that in a Senate analysis of SB 774, there’s a list of disturbing things first responders see and do on the job, from seeing dead children and witnessing murders to helping severely injured people, including those who commit suicide.

What it doesn’t include, she said, is that 911 dispatchers also witness those things.

“We’re seeing and hearing it,” she said. “We have the technology for people to livestream it now, so it’s a double-whammy for us, and we want to make sure we have the protections.”

Kim Powell, a licensed and clinical mental health counselor who oversees an employee behavioral health program at a 911 communications center in Leon County, detailed several examples of what dispatchers experience: a woman struggling to breathe while dying from a gunshot wound inflicted by her child’s father; an officer’s final words moments before his murder; the sound of a mother discovering her deceased infant; the 800 or so calls received in the wake of the Florida State University shooting last April.

“These are not isolated events; they are part of the job,” she said. “The trauma compounds over time with repeat exposure.”

St. Petersburg Republican Sen. Nick DiCeglie thanked Pizzo for carrying the bill and expressed gratitude to the “3,500 dispatchers” across Florida for their work.

“For me personally, (this) could be one of the most important bills that we have this Session because of the importance there is for your well-being and your quality of life,” he said.

Melbourne Republican Sen. Debbie Mayfield, who chairs the committee, echoed DiCeglie’s remarks.

Pizzo reminded the panel that four years ago, during COVID, a $280 million set-aside for payments to first responders and front-line workers did not extend to 911 dispatchers.

“They never stopped working,” he said, adding that Mayfield at the time acknowledged the oversight and pledged that the Legislature would get it right in the future. “So, it’s serendipitous that you were kind and gracious enough to put us on the agenda.”

SB 774 will next go to the Senate Appropriations Committee on Agriculture, Environment and General Government, after which it has one more stop before reaching a floor vote.

An identical bill (HB 451) by Republican Rep. Jeff Holcomb of Spring Hill awaits its first hearing in the House.



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Hillsborough College Trustees OK first step in Tampa Bay Rays stadium talks

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The Tampa Bay Rays’ search for a new home took a tangible step forward as the Hillsborough College Board of Trustees approved a nonbinding agreement that could ultimately shift the franchise away from St. Petersburg under its new ownership.

The Board voted to approve a memorandum of understanding (MOU) authorizing staff to negotiate with the Tampa Bay Rays over a potential stadium and mixed-use redevelopment at the college’s Dale Mabry Campus.

The agreement does not commit the college to the project and can be terminated by the Board at any time. Instead, it outlines key terms the parties would like to see in any future binding agreements, which would require separate Board approval at a later public meeting.

College officials characterized the MOU as the beginning of negotiations. Under the document, staff would begin drafting potential project agreements for Trustees to consider in the future, with an anticipated negotiation timeline of up to 180 days.

Rays CEO Ken Babby addressed Trustees during the meeting, calling the proposal an early milestone. He emphasized that the effort involves the college, the team, the state and local governments. Babby said the Rays are exploring a roughly 130-acre redevelopment anchored by a new stadium and an integrated college campus, alongside residential, commercial and entertainment uses. 

“As we envision this development, together in cooperation and partnership with the community and the college, we’ve been calling the campus portion of this work ‘Innovation Edge’ featuring Hillsborough College,” Babby said.

“It’ll be neighbored by, of course, what we envision to be ‘Champions Corridor,’ which we hope will be the mentioned home of the Tampa Bay Rays. Of course, this will be a mixed-use with residential, with commercial, and, as we’ve said, billions of dollars of economic impact to the region. … This is an incredible moment for our community.”

Public input was split. Supporters recognized the economic impact the project could have, while critics worried about the effect on housing affordability, in particular for college students.

Following the vote, Trustees acknowledged uncertainty among students, faculty and staff, particularly those based at the Dale Mabry campus, but stressed that the approval did not determine final outcomes.

“This is a major decision, and I truly hope that it leads Hillsborough College towards growth and advancement,” Student Trustee Nicolas Castellanos said. 

Trustee Michael Garcia echoed the sentiment.

“It’s a tremendous day for the future of Hillsborough College and for the future of Major League Baseball in the area and also for the future of the city of Tampa,” Garcia said.

Gov. Ron DeSantis publicly expressed support for the concept ahead of Tuesday’s meeting, saying it could benefit both the college and the region, while cautioning that details still need to be resolved.

“It could be very good for HCC, and I’ve met with the President about it. I think he’s excited about the possibility,” DeSantis said in Pinellas Park.

“Obviously, they’ve got to iron out details. But basically, we’re supportive of them pursuing that partnership because I think it could be good for them. I think it could be good for the state. But I definitely think it could be really good for this region.”

Also ahead of Tuesday’s meeting, Tampa Mayor Jane Castor told Florida Politics the city and Hillsborough County have been in ongoing discussions with the Tampa Bay Rays as the team explores long-term stadium options — including the potential Hillsborough College site. She emphasized that any future stadium proposal would require coordination among multiple governments and would be evaluated alongside existing contractual obligations related to other major sports facilities.

No timeline for construction, campus relocation or final land disposition was discussed Tuesday. College officials emphasized that any binding agreements would return to the Board of Trustees for approval at a future public meeting.

___

A.G. Gancarski and Janelle Irwin Taylor of Florida Politics contributed to this report.



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