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Repeal of Florida’s ‘free kill’ law cleared for House floor

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House lawmakers are moving closer to repealing a unique Florida law that today blocks many medical malpractice lawsuits.

Members of the House Judiciary Committee voted 20-1 for HB 6017, which would erase a state provision referred to by critics as Florida’s “free kill” law. Members of the committee sided with the families of lost loved ones over doctors and insurers who warn of adverse consequences.

The bill will next be heard on the House floor.

Florida law today prohibits adult children and parents older than 25 from collecting negligence and noneconomic damages for medical malpractice after the death of patients. Florida enacted the law in 1990 and remains the only state with the restriction.

It was an update to the state’s Wrongful Death Act in 1972, which in part reads, “It is the public policy of the state to shift the losses when a wrongful death occurs from the survivors of the decedents to the wrongdoer.”

The standard applies to all cases except for those involving patient care. And that, by definition, makes it a double standard, according to the bill’s sponsors, Reps. Dana Trabulsy and Johanna López.

Trabulsy, a Fort Pierce Republican, said Thursday that the purpose of her bill isn’t to hurt those working in medicine; it’s to provide equal legal protections to everyone in the Sunshine State.

“Do you believe that the life of someone lost due to negligence or malpractice is less than any other case where someone could regain noneconomic damages for wrongdoing?” she said.

“We do a very good job in the medical field here. This is not an attack on doctors whatsoever. This is creating parity in the statute and among folks that can recover noneconomic damage.”

López, an Orlando Democrat, said the measure would deliver “fairness and justice” to people who have long had little recourse after a doctor’s carelessness devastated them.

As was the case in the bill’s prior stop and in Senate discussions about its upper-chamber analog (SB 734), advocates for and against the proposal were numerous and impassioned.

Travis Creighton, one of many surviving family members, cited several Florida Supreme Court rules that conflict with the statute in question (768.21). The statute that HB 6017 aims to repeal, he said, “arbitrarily discriminates between classes of survivors (and strips) rights not for lack of harm but through a last-minute legislative carve-out.”

Karen Murillo of AARP Florida said the statute “discriminates against older and vulnerable adults” and should be deleted.

“This law has been on the books for years. It was put in place because medical malpractice insurers promised that this was going to reduce the cost for health care practitioners in this state and reduce the cost of health care,” she said. “It did not. Instead, it protected insurers from indefensible acts of medical negligence.”

Former Navarre Republican Rep. Joel Rudman, a long-practicing physician, spoke for HB 6017 too, arguing that the only doctors who want to see the statute remain in place are bad doctors. He also rejected arguments that there is a “medical malpractice meltdown” in Florida, with a surge in such legal actions in recent years.

“As a physician, my malpractice rates have remained static in the last decade. It’s not even one of (my) top three expenditures,” he said. “Doctors aren’t going to leave Florida because of this bill — no good doctor. If a bad doctor wants to leave, bye.”

A slew of medical and insurance organizations urged the committee to vote down the bill, including the Small Business and Consumers Alliance, ProAssurance Corp., The Doctors Company, Associated Industries of Florida, Florida Medical Association, Florida Osteopathic Medical Association, Florida Justice Reform Institute, Florida Chamber of Commerce, Florida Council for Safe Communities and the Small Business and Consumer Alliance.

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.

Vivian Gallo, Managing Director of health care casualty coverage and claims for Marsh McLennan, said that since 2019, Florida’s medical malpractice insurance premiums have been up to 70% higher than national rates. And over the same stretch, she said, premiums and deductibles hospitals must pay have both risen 60%.

That’s unusual since increased deductibles often accompany level or declining premiums, she said, and it’s because of the rising number of so-called “nuclear verdicts” in medical malpractice suits — awards of $20 million or more — that since 2017 have seen numerous insurers exit the Florida market.

It’s not unique to Florida — nuclear verdicts have increased 400% in recent years — but it’s worse here, Gallo said.

“In Florida, between 2010 and 2020, there were 11 nuclear verdicts,” she said. “Since 2023, there were eight.”

Ocoee Democratic Rep. LaVon Bracy Davis said she’s seen firsthand the unhealed wounds that “free kill” causes.

“This statute says that if you’re over 25 and lose a parent to medical negligence, your grief is worth nothing in the eyes of the law. It tells grieving families that their loved ones’ lives didn’t count,” she said. “This is not justice.”

Rep. Hillary Cassel, a Dania Beach Republican, said the bottom line is that Florida doesn’t want bad doctors, and the ones here should be held accountable.

“I don’t want to have to go through what these families went through,” she said.

She then chastised Mark Berlick of the Florida Justice Reform Institute for asserting that HB 6017 would incentivize out-of-town opportunists to sue doctors and hospitals after the death of estranged family members.

“(He) doesn’t have an ounce of data to support that, and that was nothing more than a scare tactic, (an) insult on our intelligence and an insult to the people who are here today who are clearly not estranged from the loved ones they have lost,” she said. “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 to bring facts and data and not scare tactics and opinions.”

Miami Lakes Republican Rep. Tom Fabricio cast the sole “no” Thursday. He didn’t ask questions or argue against the bill.

It marked the only vote in two committee stops against HB 6017, which has co-sponsorship from Republican Reps. Debbie Mayfield of Melbourne and Susan Plascencia of Orlando, as well as Democratic Rep. Anna Eskamani of Orlando.

HB 6017 awaits scheduling for House floor consideration. SB 734, sponsored by Jacksonville Republican Sen. Clay Yarborough, pends a hearing before the Senate Rules Committee before heading to a floor vote. It passed in the Senate Judiciary Committee and Senate Appropriations Subcommittee on Health and Human Services by 9-2 and 8-2 votes, respectively.


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State unemployment rate climbs for 2 months straight

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Florida’s general unemployment rate ticked up in February for the second month in a row, coming in at 3.6%, according to FloridaCommerce.

The state saw its first jobless rate increase in about half a year in January, when the rate moved to 3.5% from 3.4%.

“There were 398,000 jobless Floridians out of a labor force of 11,196,000. The U.S. seasonally adjusted unemployment rate was 4.1 percent in February,” FloridaCommerce officials said in a news release.

Manufacturing employment showed notable growth reaching 432,000 jobs in the state, the highest level since 2002.

“When I became governor, we set a goal of increasing the number of manufacturing businesses and jobs in the state of Florida, and I’m happy to report we have succeeded beyond our wildest expectations,” said Gov. Ron DeSantis. “Since 2019, Florida has added almost 50,000 new manufacturing jobs, and over the same period of time, we’ve increased the number of manufacturing businesses in the Sunshine State by more than 30%.”

Florida’s unemployment rate is still lower than the national figure, which came in at 4.1% last month. It’s the 52nd month in a row that Florida’s jobless figure was lower than the rate across America.

Across Florida, Miami-Dade County had the lowest jobless figure in February, with a 2.6% unemployment rate. Miami-Dade was followed closely by Monroe County, coming in at 2.7%.

Those were the only major metropolitan areas in the state that saw a jobless figure below 3%.

Fort Lauderdale had a 3.5% unemployment figure. Orlando’s unemployment rate last month was 3.6%. West Palm Beach had a 3.7% unemployment rate last month.

Tampa and Jacksonville both recorded a 3.8% unemployment rate in February.

Pensacola’s jobless figure registered 4% in February. The Fort Myers-Cape Coral area’s unemployment rate also came in at 4%.


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House budget slots $55M for facility repairs, maintenance amid justice system spending cut

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With the House looking to slash spending levels for the upcoming fiscal year, appropriators are looking to trim $145 million in spending throughout the justice system.

That’s just a portion of the $6 billion the House wants to cut from last year’s spending plan. But lawmakers still want to fund some priority projects.

The House is setting aside $55 million to repair and maintain facilities within the justice system. The proposed budget also allocates $14 million for pay adjustments among State Attorneys, public defenders, and some circuit and county judges.

But overall, the House would spend less than the Senate in every justice system silo.

The House allocates $4.56 billion for the state court system, down from just under $4.7 billion in the Senate budget.

The House would allocate $39.9 billion to the criminal justice system and corrections, down from the $41.02 billion allocated by the Senate.

The Department of Corrections would receive around $23.25 billion in funding, while the Senate would slot $23.44 billion. The House wants to put $9.95 billion toward justice administration, while the Senate prefers $10.6 billion.

The House sets aside $3.16 billion for the Department of Juvenile Justice, below the Senate’s $3.24 billion. The Florida Department of Law Enforcement would receive about $1.95 billion from the House but $2.03 billion under the Senate’s plan.

Elsewhere, House negotiators settled on $1.4 billion for the Department of Legal Affairs and Attorney General, while Senators prefer $1.53 billion. The House includes just $157.5 million for the Florida Commission of Offender Review, below the Senate’s $165 million.

“This budget reflects our chamber’s values of conservative fiscal stewardship and accountability,” House Speaker Daniel Perez said in a statement announcing the budget, which comes in $4.4 billion below the Senate budget and $2.7 billion under Gov. Ron DeSantis’ outline.

“This budget also reflects decisive action to rein in recurring spending and refocus on the true needs of everyday Floridians. By reducing unnecessary expenditures and cutting wasteful spending, we are ensuring that taxpayers see more of their dollars at work for them — and back in their pockets, too.”


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Gov. DeSantis pitches property tax relief, but cooler on sales tax cut

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Gov. Ron DeSantis continues to leverage property tax as a political issue, arguing that the funding mechanism reduces Floridians to being “wards of the local government.”

But he doesn’t feel the same about a House proposal to cut sales taxes by 3/4 of a penny to 5.25%.

During a press conference, the Governor again argued that property taxes have emboldened local governments at the expense of homeowners who may relocate for jobs.

“We have a relatively mobile workforce. I mean, if you’re somebody that has a job in Tampa and then you have a better offer to come to Orlando, you sell that house. But then now you’re buying a new house at a higher value. You’re locked into a higher tax base right there. And so that has been something that’s been very difficult for a lot of people to afford,” DeSantis said.

DeSantis also said again that foreign tourists could make up for the elimination of property taxes, via efforts to “offload the tax burden to non-Floridians.”

“I want Canadian tourists and Brazilian tourists subsidizing the state and making it so Florida residents pay less taxes. I don’t want to give Canadians a tax cut,” DeSantis said, referring to out-of-staters paying sales taxes.

Though Canadians aren’t flying to Florida as much as they were before Donald Trump began to float annexing the country, DeSantis says they still love the state and him.

“They said the Canadians weren’t going to come. I’m with my kids, you know, we were down in Spring Break and we’re at Legoland. And all these people are coming up to me for pictures, which is fine. I normally do that” DeSantis said.

“I’d say like 80% of them were Canadians. And I’m like, I thought you guys weren’t coming to Florida anymore. ‘Oh, no, we love Florida.’ No, so we’re going to continue to be a destination.”

To that end, he voiced his objections to the sales tax cut proposed by the House.

“The issue with that is people, one, are not clamoring for sales tax if they’re clamoring for property tax reliefs. There’s no property tax relief in that proposal. But it also allows relief for foreigners. It allows relief for visitors and part-time residents. I think the tax relief needs to be focused on Floridians,” he said.

DeSantis lauded the House for looking to cut the budget by $5 billion, but said it should go to property tax relief for homesteaded properties, “likely about $1,000 per homesteaded property.”

That said, he did leave an opening for sales tax relief contingent on a millage break, saying there was a scenario where he could support lower sales taxes also.

“Well, we’re going to support lower taxes. And so I veto higher taxes when they come down the pike and I support lower taxes. I’m fine with doing sales tax reductions. Heck, I’ve proposed sales tax reductions and enacted many sales tax reductions since I’ve been governor, and I’m happy to do that, but I also think that how are you cutting taxes? Are you going to focus on what gets you the most banging for the Buck to help Florida residents? That is where I think the focus needs to be. So you got to do property relief. If you want to do sales on top of that, I’m all for tha. But this property stuff needs to be addressed.”

DeSantis would like a ballot initiative during next year’s General Election to eliminate property taxes altogether. He argues that local budgets have ballooned in recent years and that increased property taxes, which burden homeowners of modest means, have helped that happen. Yet he also says that rural counties without tourism might have a different property tax scheme than places in South Florida to where visitors flock.

Tim Weisheyer of the Florida Realtors said his group of 240,000 real estate agents backed the property tax proposal as a way of trying to “preserve the American dream,” to “open up the marketplace,” and to protect people on fixed incomes.

The American dream notwithstanding, elimination of property taxes would leave holes in current budgets.

As the Florida Policy Institute noted in a criticism of the tax cut concept, property taxes make up roughly a sixth of county and city revenue and more than half of school district revenue. If the taxes were eliminated, it would leave a revenue hole of more than $2,000 for every man, woman and child in the state.

That money would not come from the state, DeSantis said earlier this year.

“Don’t let anyone tell you we’re going to seek to raise state taxes because this body will not pass tax increases, and this Governor will not sign any tax increases,” he said during the State of the State address.

In lieu of state support and property taxes, local option taxes may be an option. These include extra levies on hotels, food and fuel, along with other discretionary sales surtaxes. But state law caps many of these, and some areas are more maxed out than others, complicating this potential workaround.


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