DeSantis to Veto Legislature's 'Free Kill' Repeal: 'None of That is Free Lunch'

Florida families still can't recover certain damages if a doctor accidentally kills some of their loved ones, thanks to Gov. Ron DeSantis's plan to veto a new measure repealing the state's so-called "free kill" law.

Dubbed "free kill" by critics, the controversial 35-year-old law disallows unmarried 25-year-olds or their parents from suing physicians for pain and suffering in the case of a wrongful death. While they can be paid for the tangible, economic loss of the deceased, the "free kill" law prevents compensation for non-economic damages, like emotional distress.

At a Fort Myers press conference on Thursday announcing his veto decision, DeSantis said the Legislature's bill repealing this law would lead to frivolous lawsuits, exorbitant taxpayer costs, and physicians fleeing the state.

"You really are incentivizing a lot more litigation to take place in the state of Florida. None of that is free lunch," DeSantis said, arguing that zero caps on how much a victim's family can recover could exhaust Floridian resources. "Somebody will have to pay for it."

“It would lead to higher costs for Floridians. It would lead to less access to care in Florida. It would make it harder for us to keep, recruit, and maintain physicians in the state of Florida," he added.

Florida is the only state to have a law like "free kill," which was first passed in 1990, Florida Politics reported. Proponents made similar arguments to DeSantis's on Thursday, arguing medical malpractice premiums would skyrocket and Florida would suffer a mass doctoral exodus.

But many lawmakers disagree. During the session, HB 6017 passed the House in a 104-6 vote and the Senate in a 33-4 vote. Many noted that insurance costs have gone up regardless of the "free kill" law, and sided with the slew of families who talked about the death of loved ones in cases of medical malpractice.

According to the Florida Hospital Association, Florida has the highest number of malpractice claims paid out, its commercial insurance premiums remain above the national average, and the average malpractice insurance rate for physicians went up 4.4% in 2022.

Physicians, meanwhile, are projected to only be able to meet 77% of the expected demand in Florida in 2035, according to a 2023 study.

Despite this, DeSantis isn't fully against repealing the "free kill" law. He told onlookers that he would have supported the legislation if it had instituted caps on paid-out damages—which the Senate was just one vote short of adding into the bill earlier this month—and if it targeted the accountable physicians directly instead of charging their insurance.

"If you [added caps], I don't think you would see a major impact on the healthcare delivery system, I don't think you'd see a major impact on malpractice insurance rates, and I don't think you would see a major impact on access to care," DeSantis said.