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After years of failed attempts, FL lawmakers repeal what critics call FL’s 'free kill' law

Families have long advocated for repeal of FL’s Wrongful Death Act
Free kill law repeal
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FLORIDA — “I never asked for this fight, but I know my dad is so proud,” said Sabrina Davis, who couldn’t hold back her tears.

It’s been five years since she lost her father and five years since she started her fight to repeal what critics have long dubbed Florida’s “no kill” law.

“October 15 of 2020, a day that I don't ever want to relive again, but I am so happy to say that legislators did the right thing,” she said.

Watch full report from Katie Lagrone

After years of failed attempts, FL lawmakers repeal what critics call FL’s 'free kill' law

The 35-year-old law, known formally as Florida’s Wrongful Death Act, prohibits families from filing a medical malpractice case if an unmarried loved one 25 years or older, unexpectedly dies from medical negligence.

Florida is the only state with such a law on the books.

We first told you about the law and its failures in 2023when we introduced you to Davis. Davis’ father, Keith Davis, wasn’t married at the time he died of an undiagnosed blood clot while he was in a Hillsborough hospital for knee pain back in 2020.

Davis and other advocates have been fighting to get this law off the books ever since.

Last year, we followed them to the state capitol, showing viewers the rarely seen hustle as regular citizens try to get heard in Tallahassee.

A new bill to repeal the law this session sailed through committee meetings early on. The Keith Davis Family Protection Act was named after Davis’ father.

But on Wednesday, the bill stalled this week after a fiery debate in the Senate over capping how much families could collect in pain and suffering. The $1 million caps failed to get the Senate’s approval

Florida Senator Gayle Harrel, whose late husband was a doctor, has long fought against efforts to repeal the law fearing it will scare doctors away from Florida.

“The unintended consequences of this bill are huge,” she said during the Senate’s vote on Thursday.

But lawmakers ultimately voted overwhelmingly to repeal it. Families say the law has done little to help Florida and too much to hurt the families who live here.

“I’d much rather have my dad than have ever been fighting this fight. I didn't sign up for this, but I know that at one point, my dad signed up to fight for this country's freedom, and today I feel like we're one step closer to getting it back,” said Davis.

The bill now heads to the Governor for final approval.

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