‘A declaration of humanity’: House passes bill to repeal Florida’s ‘free kill’ law

This photo illustration of Ben Franklin wearing a health care mask and bonnet on a one hundred dollar bill might illustrate the high cost of health care, the high cost of health care legislation with the recently passed U.S. Health care bill or the high cost of health litigation, malpractice and insurance.

A unique law in Florida that bars adult children over 25 and their parents from pursuing medical malpractice claims is close to repeal, following an overwhelming vote to do so on the House floor.

Members of the chamber voted 104-6 for HB 6017, which would delete from Florida Statutes the provision, known derisively as “free kill,” after 35 years on the books.

“It’s taken a long time to get here, but I’m so glad that we’ve made it,” said Fort Pierce Republican Rep. Dana Trabulsy, who filed the measure with Orlando Democratic Rep. Johanna López.

“We have a wonderful health care system in Florida, (but) mistakes happen. Malpractice happens, (and) nobody should lose a family member due to medical malpractice and lose the ability to access the courts just because they were the age of 25, unmarried with no dependents.”

Trabulsy noted that lawmakers passed the existing restriction in 1990 to reduce insurance rates.

“Lo and behold, insurance rates did not come down,” she said. “It’s about time that we change this law and put the courts back in the hands of Floridians.”

HB 6017 and its Senate analog (SB 734) by Jacksonville Republican Sen. Clay Yarborough encountered ample pushback in committee from medical and insurance organizations, including the American College of Physicians, Florida Hospital Association, Florida Insurance Council, Florida Medical Association, ProAssurance Corp., The Doctors Company and Florida Osteopathic Medical Association.

Retired OBG/YN Miriam Ramirez said she had to stop delivering babies due to the cost of medical malpractice insurance. Daniel Daube, a physician and surgeon who has worked in Panama City for more than 30 years, said Florida needs to attract more practitioners in the state for better care — something HB 6017 and SB 734 would counteract.

Kathryn Magar, Vice President of Claims and Insurance at hospital operator Health First, said the legislation would make her company’s four medical facilities all but uninsurable.

“I’ve yet to meet a clinician who got into the medical profession to cause harm,” she said. “The ‘free kill’ term is, quite frankly, offensive.”

They and others called the legislation “compassionate but misdirected” and argued it would lead to an influx of wrongful death lawsuits and even higher insurance and health care costs.

But that opposition was met with testimonies from dozens of Floridians who lost loved ones and then had no recourse to hold those responsible accountable.

Ethan Perez described maltreatment of his grandfather that included injection with hydrogen peroxide, which an autopsy deemed to be “homicide.” Darcy McGill, who buried her mother, called “free kill” Florida’s “dirty little secret.”

Cindy Jenkins, whose daughter died two years ago due to what she described as “horrific negligence” at a hospital in Orlando, 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’s 70-year-old mother died in a hospital two days after what she called an “uncomplicated surgery to repair a fractured hip.” Brevard County law enforcement cordoned off the room as a possible homicide scene, she said, and the autopsy revealed staff ignored at least 10 “critical signs of a surgical site infection” that led to her death.

“In an era focused on greater scrutiny of government spending, this law enables the waste and abuse of taxpayer money,” she said.

They and many other family members attended Wednesday’s House floor vote, sitting in the East Gallery. Trabulsy and López recited their lost loved ones’ names.

AARP Florida and the Florida Alliance for Retired Americans backed the bills.

Ocoee Democratic Rep. LaVon Bracy Davis, a lawyer, said HB 6017 would help to wipe away “a stain on our state’s moral conscience.”

“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. “This legislation is more than legal reform; it’s a declaration of humanity.”

All six “no” votes came from Republicans: Reps. James Buchanan of Sarasota, Wyman Duggan of Jacksonville, Tom Fabricio of Miami Springs, Karen Gonzalez Pittman of Tampa, Toby Overdorf of Palm City and Will Robinson of Bradenton.

None asked questions about, or argued against, the bill before it passed.

HB 6017 will now go to the Senate, where Yarborough’s bill awaits a floor vote after clearing all three committees to which it was referred.

Yarborough can either substitute HB 6017 for his bill, amend his to match it, or send it back to the House to be amended to match his bill.

That third option is unlikely to happen; except for some organizational difference, the bills are identical.

If passed, the legislation will take effect July 1.

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A.G. Gancarski of Florida Politics contributed to this report.