TALLAHASSEE, Fla. — Governor Ron DeSantis has claimed the proposed repeal of Florida’s so-called “Free Kill” law is DOA when it gets to his desk.
After 35 years of fighting, the Florida Legislature finally approved the free kill repeal this year, and it did so overwhelmingly.
But now, advocates feel they’ve had the rug pulled out from underneath them and are now hoping for a miracle.
The Governor cited concerns over potential impacts to medical malpractice insurance rates and health care costs due to a potential increase in lawsuits when announcing he’d veto the bill.
“You have to look at the global view. What is it going to do for the overall access to healthcare, prices, the willingness of physicians to come here? And that was very clear to me in speaking with folks,” said DeSantis.
.@GovRonDeSantis' full response on why he plans to veto the repeal of Florida's so-called "Free Kill" law.
— Jake Stofan (@JakeStofan) May 15, 2025
His concerns center around medical malpractice insurance rates and the state's ability to attract and retain doctors.@ActionNewsJax pic.twitter.com/gQQlJkGC1y
The legislation would allow family members of single adults over the age of 25, who have no children under the age of 25, to sue for pain and suffering if they die due to medical negligence.
The 35-year-old carveout is unique to Florida, and oftentimes people don’t even know it exists until they’re personally impacted.
For Cindy Jenkins, it was when her 25-year-old daughter Taylor died as a result of medical negligence.
“This is not about money. It’s about human lives and about an utter lack of accountability,” said Jenkins.
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DeSantis said he would have supported the bill if it had placed caps on pain and suffering damages for all medical negligence cases.
It was an idea rejected by the legislature and advocates like Jenkins.
“You would not be able to kind of hit the lottery, you would be able to potentially get within the realm. So, that I think is what’s missing,” said DeSantis.
But Jenkins argued the fight is about equal access to justice, not money.
“The only people hitting a jackpot right now are the physicians getting away with legalized manslaughter, the hospitals who are immune from being held accountable and the insurance companies who are protected from having to pay out a claim when a physician that they choose to insure negligently kills a patient,” said Jenkins.
93 percent of lawmakers who voted on the free kill repeal supported the measure during the session.
It passed with veto-proof majorities in both chambers.
Jenkins is hopeful lawmakers will consider a veto override, though it would be an unprecedented move.
If that doesn’t happen, she said advocates may need to challenge the constitutionality of the free kill carveout in the courts.
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