Governor DeSantis Vetoes Repeal of Florida's 'Free Kill' Law

As promised earlier this month, Gov. Ron DeSantis on Thursday vetoed legislation that would have repealed a 35-year-old legal provision preventing some families from suing for the wrongful death of loved ones due to medical malpractice — a law critics have dubbed the state's "free kill" statute.

Claiming the bill lacked "safeguards like caps on damages and attorney's fees," DeSantis described his decision as driven by financial considerations, aiming to keep Florida appealing to physicians and preserve the state's quality of health care while its insurance market continues to stabilize. "This legislation would increase costs to provide healthcare services to Floridians, especially in our rural and aging communities, expose Florida's physicians and healthcare providers to unpredictable liability, drive physicians to leave the state, and incentivize lawyers to bring unmeritorious claims," the governor's veto letter reads. "None of this improves quality, access, or outcomes for Florida families."

In 1990, Florida became the only state to differentiate medical malpractice from other types of wrongful death by including an exception in its medical-malpractice laws that prevented a narrow group of people from pursuing damages in lawsuits over the deaths of family members. The bill (HB 6017), which overwhelmingly passed both chambers during the spring legislative session, would allow adult children over 25 and the parents of adult children to seek non-economic damages, such as pain and suffering, when a family member dies due to medical negligence and is unmarried with no minor children.

Prior to the proposal's passage, the Senate rejected an amendment that the governor supported, which would have included a $1 million cap on non-economic damages in all medical wrongful death cases. DeSantis defended current law, saying it "provides several mechanisms, including a regulatory framework, to hold bad actors accountable and recover damages when a family chooses to pursue a wrongful death claim," and suggested the lawmakers include safeguards in future legislative efforts to avoid making a "legal landscape ripe for predatory trial attorneys." Meanwhile, House bill sponsor Rep. Dana Trabulsy, R-Fort Pierce, said she "would like nothing more than a veto override," while the Senate sponsor, Jacksonville Republican Sen. Clay Yarborough, stated that although he "wanted to see the bill become law," he accepts and respects the governor's decision, adding that he is "not advocating for a veto override."

During the committee process, supporters of the repeal shared heartbreaking and emotional stories of losing loved ones with no legal recourse under current law. Opponents, including medical professionals, hospital groups and the governor, warned the change could worsen Florida's physician shortage and raise insurance costs. The House passed the measure on a 104-6 vote in March, while it cleared the Senate on a 33-4 vote in early May. While both chambers have the votes to override the governor's veto, it would be a rare move for the Legislature.