New Bill Would Scrap Florida’s “Free Kill” Law, Bring Accountability for Malpractice Deaths

TALLAHASSEE, FLORIDA — No more “free kills” in Florida – that’s the goal of a new bill filed late last month in the Florida Legislature.

Sen. Clay Yarborough’s bipartisan SB 248 seeks to repeal what has been colloquially known for decades as Florida’s “Free Kill” law. 

Under current Florida law, passed in 1990, families cannot recover medical malpractice damages if they lose a child who meets certain criteria: under 25 years of age without a spouse or children.

“What's the value we put on life? One individual's life shouldn't be held in higher regard than another individual,” Yarborough told First Coast News. “At the end of the day, the reason I'm pushing this is because it shouldn't matter if someone is 25, or 24, or 26, and it shouldn't matter if they were married, or have children.”

Under the proposal, families seeking damages from a medical malpractice case would first file a complaint against the medical practitioner with the Florida Department of Health (DOH) or the Agency for Healthcare Administration (AHCA). 

“You have a determination that's made by the panel and the Department of Health, the probable cause panel, and they say: ‘This looks like it was medical negligence,’” Yarborough explained. “Then you have standing that you can then go to the court, and you can file a suit in civil court to be able to sue for damages for medical negligence.” 

The companion legislation – HB 129 –  in the Florida House is being sponsored by Rep. Johanna Lopez (D-Orlando). 

Lopez’s bill is more succinct as it includes language that says: “Removing a provision that prohibits adult children and parents of adult children from recovering certain damages in medical negligence suits.”

Lopez said that she thought it was “fair” for Florida’s laws to be on par “with the rest of the nation.” Florida is the only state in the U.S. that has any exclusionary provision stating who can file suit in a potential wrongful death case. 

This is not the first attempt at repealing the “Free Kill” provision. 

Senate Democrat Leader Lauren Book (D-Davie) filed legislation during the 2023 Legislative Session – SB 690 co-sponsored by Sen. Joe Gruters (R-Sarasota) that died in the Senate Judiciary Committee – that would have repealed the law. 

At the time, she said “Florida law should apply to and protect all Floridians equally in cases of wrongful death” with the goal of removing “carve outs.”