May 2025 – Florida Justice Reform Institute

Takeaways from Tallahassee — Be prepared

May 31, 2025/in Florida Politics

Staff Reports – May 31, 2025

—Phew! Part Deux —

Justice reform advocates and health care providers joined DeSantis on Thursday while he vetoed the ‘free kill’ bill (HB 6017).

“The question is: What would this legislation do for the cost of health care in Florida, access to care in Florida, and our ability to recruit and keep physicians?” DeSantis said. “I don’t think that what they’ve proposed here is going to put us on the strong foot without these additional safeguards. So, for that reason, I am announcing that we will be vetoing that legislation.”

Andy Bolin, owner of Bolin Law Group, stated during a news conference with the Governor that Florida physicians are currently facing the highest medical insurance premiums in the United States.

They aren’t putting ‘Free Kill State of Florida’ signs at the border, but FJRI is jumping for joy following the Governor’s veto.

“We need to make sure we’re doing everything we can to engage physicians, to make sure that we have physicians that are not only going to be able to provide access to care, but that are making decisions based on the quality of care,” Bolin said.

Opponents of the ‘free kill’ repeal assert medical malpractice laws currently incentivize the pursuit of cases to win big claims, which can lead to “nuclear” verdicts that can add up to tens of millions of dollars for health care providers. These costs are ultimately passed on to health care consumers.

William Large, president of the Florida Justice Reform Institute, said in a statement that the legislation would have been “catastrophic” for Florida’s health care system and those who need it — Florida families.

“Having affordable access to health care is of paramount importance to Floridians and must be protected,” Large said. “HB 6017 proposed only to expand liability for our health care community without any safeguards to ensure that Florida’s health care system and residents do not suffer as a result.”

Takeaways from Tallahassee — Be prepared

Governor vetoes wrongful death legislation

May 30, 2025/in Florida Bar News

‘In my judgment, it would lead to higher costs for Floridians, it would lead to less access to care for Floridians’

May 30, 2025 By Jim Ash

With a health-care executive and a medical malpractice defense attorney cheering him on, Gov. Ron DeSantis appeared Thursday in Southwest Florida to announce his veto of HB 6017.

The measure would have repealed a 30-year-old provision of Florida’s Wrongful Death Act that makes survivors of adult children and their parents ineligible for non-economic damages in medical negligence claims.

“In my judgment, it would lead to higher costs for Floridians, it would lead to less access to care for Floridians,” DeSantis said. “We need more as it is now, the state is growing, it’s not shrinking.”

Lawmakers carved out the exception in 1990 when they expanded the Wrongful Death Act, saying the provision was needed to address rising medical malpractice rates.

Bill sponsors say the provision unfairly denied plaintiffs access to justice, and a repeal is necessary to hold dangerous practitioners accountable.

Senate Judiciary Chair Clay Yarborough, a Republican and Jacksonville business development executive, sponsored the Senate companion.

“I filed SB 734 because the current exceptions in 768.218 are unjust and prevent accountability,” Yarborough told a Senate committee in March.

DeSantis suggested that he would have supported repealing the provision if lawmakers had agreed to cap damages. He noted that an amendment to do just that failed by a single vote in the Senate.

“They were one vote away from doing something that was a little bit more [palatable] for people,” DeSantis said.

DeSantis shared the spotlight with Florida Surgeon General Joseph Lapado, Lee Health Systems President and CEO Dr. Lawrence Antonucci, and Andy Bolin, a board-certified civil litigator and former president of the Florida Defense Lawyers Association.

Critics of the bill told lawmakers that Florida doctors pay the highest medical malpractice rates in the country.

Antonucci, an obstetrician and gynecologist, said the bill would have increased health care costs for everyone.

“It’s focused on legality, it’s focused on finances, but it’s not focused on the patient,” Antonucci said.

Bolin said the physicians he represents are being targeted by meritless lawsuits.

“Florida has become a place, because of litigation, that is unfriendly to the healthcare arena,” he said. “Just because there’s a negative outcome, doesn’t mean there’s malpractice.”

Bolin acknowledged that malpractice exists, but he said better professional regulation is the answer.

“My clients aren’t interested in seeing bad doctors protected,” he said.

Bolin said March of Dimes reports show that entire counties in Florida lack obstetricians or birthing centers.

“The access to care issue is not something that’s theoretical,” he said.

Governor vetoes wrongful death legislation

DeSantis Vetoes Repeal of ‘Free Kill’ Medical Malpractice Bill

May 30, 2025/in Insurance Journal

May 30, 2025

Florida Gov. Ron DeSantis has vetoed a bill that would have restored some family members’ right to file suit after a loved one dies from medical negligence.

The Florida Legislature this year approved House Bill 6017 by wide margins. The bill would have repealed a 1990 law – unique to Florida – that bars unmarried adult children and their parents from recovering damages for medical malpractice. The 1990 law, written to help keep a lid on malpractice insurance costs, has been called the “free kill” law.

DeSantis said this week that the repeal bill lacked limits on damages, which would make it harder to recruit physicians to the Sunshine State.

The Florida Justice Reform Institute agreed, noting in an email that while the legislation was proposed with good intent, without caps, the expansion will lead to increased litigation, skyrocketing claims and limited access for health care.

Supporters of HB 6017 said malpractice insurance costs have risen steadily in Florida in the 35 years since the 1990 law was passed, and the law is unfair to families seeking justice for negligence. Read more about the passage of the bill in early May. It’s unclear if lawmakers will try to override the governor’s veto. One of the lead sponsors of the bill, Rep. Clay Yarborough, told Florida Politics that he will not push for an override vote.

https://www.insurancejournal.com/news/southeast/2025/05/30/825554.htm

DeSantis delivers on promise and vetoes ‘free kill’ malpractice bill

May 29, 2025/in Florida Phoenix

Says he’ll OK non-economic damages only with monetary limits.
By: Christine Sexton – May 29, 2025 2:39 pm

Sabrina Davis holds a picture of her father, Navy Veteran Keith Davis, who died because of medical malpractice. (Photo courtesy Sabrina Davis)

The “free kill” repeal bill has been killed.

Gov. Ron DeSantis stuck to his promise and on Thursday vetoed legislation that would have eliminated a bar against parents of adult children and the adult children of single parents suing hospitals and physicians for non-economic damages for the deaths of loved ones.

“Whether the physician was perfect or whether the physicians was not, if somebody doesn’t make it through that, you know, that is a tragedy in one form or another, and the loss for a family member, even in someone that’s an adult, an independent, at that point, is real. And I think everyone appreciates that,” the governor said during a news conference outside Lee Health in Fort Myers.

“I think the question, though, is what would this legislation do for costs of health care in Florida, access to care in Florida, and our ability to recruit and keep physicians,” DeSantis said.

Joining him were Florida Surgeon General Joseph Ladapo, Lee Health President Dr. Lawrence Antonucci, and a spate of others who supported the veto. Non-economic damages include pain-and-suffering. Plaintiffs can still recover economic damages, such as lost wages, medical bills, and funeral costs.

DeSantis said it was their collective opinion that “if this legislation would be enacted, it would lead to higher costs for Floridians, it would lead to less care for Floridians, and it would make it harder for us to keep, recruit, and maintain physicians in the state of Florida.”

While the veto drew support from a line of Tallahassee special-interest groups, it drew criticism from those who’ve been unable to fully win compensation for potential acts of medical malpractice.

The bill itself (HB 6017) passed overwhelmingly on bipartisans vote in the Republican-controlled Legislature — more than enough of a margin to sustain a veto override, which takes two-thirds majority, should it come to that.

DeSantis said the Legislature could win his support by including limits on non-economic damages in all medical malpractice lawsuits, plus caps on plaintiff attorney fees.

The Florida Senate previously voted by a razor thin, one-vote margin to reject limits on non-economic damages.

State Rep. Dana Trabulsy, via Florida House

“That really hurts”

“I am aware that he’s probably spoken to the lobbyists, but I haven’t found a single family yet that he spoke to who this is actually affected. That really hurts, because those are the people that he should be speaking to,” Sabrina Davis told the Florida Phoenix.

Davis has dedicated considerable time and attention to trying to remove Florida’s non-economic damages ban after her father, Navy veteran Keith Davis, died from a blood clot after being admitted to a hospital for knee pain.

Davis successfully filed a complaint against the doctor with the Department of Health. The board found the doctor violated the standards of care and committed medical malpractice, hit him with a $7,500 fine, and made him take a continuing education course on blood clots.

Even if he had not vetoed the legislation, Davis would not be able to recover non-economic damages because the law wouldn’t have applied retroactively. But she went to every legislative committee meeting, every local delegation meeting, and scheduled as many one-on-one meetings with legislators as she could since her dad died in 2020.

When asked why, Davis reflected:

“Well, it gives me peace, because I know my dad took an oath to fight for our country’s freedom, no matter what it meant. And although he didn’t die on the battlefield, he did die by the very people that were supposed to protect him.

“And so, when I think about it, I’m reminded that my freedom was taken away after my dad died, and there’s a small part of me that thinks, when this law ends, I can say that I helped and I contributed it to it ending. Then that freedom my dad fought for in the Navy would not be in vain, and that I, through him, or him through I, helped restore the freedom that he once fought for. “

The governor said earlier this month that he planned to veto the bill. So while Davis is upset, she isn’t surprised.

Or alone.

Bill sponsor Rep. Dana Trabulsy wrote the governor Wednesday asking him not to veto the legislation.

“This entire conversation ultimately comes down to one word: justice. When a loved one dies due to admitted malpractice, and the law says their life has no legal value because they were an adult with no dependents —that’s not just a legal loophole, that’s a moral failing.

“It’s shameful. It should break the heart of every Floridian, including yours. Florida remains the only state in the nation where some lives are legally worthless. We are the only state that shields bad actors from accountability in such a sweeping way. Governor, this bill is about doing what’s right, not what’s easy,” Trabulsy, a Republican from Fort Pierce, wrote.

The issue of justice, legal justice, you know, economic damages, noneconomic damages, there simply isn’t enough justice to go around and have the system be able to stand up on its two feet.

– State Surgeon General Joseh Ladapo

Ladapo acknowledged not being versed in legal matters but said he had been researching different states’ policies when it comes to medical malpractice.

“The issue of justice, legal justice — you know, economic damages, noneconomic damages — there simply isn’t enough justice to go around and have the system be able to stand up on its two feet. It’s just not possible. And the correct, I mean the right thing, to do, just the wise thing to do in that situation, is to have caps,” he said.

“Frankly it’s insane to have a system with no caps on non-economic damages and expect for that system to continue to sustain itself and function as it was intended to function, which is to provide care for patients. That’s just not possible.”

The free-kill law has been in place for decades, having been signed by then-Gov. Lawton Chiles. The measure prevents parents of single, childless, adult children (25 and older) and adult children of single parents from suing hospitals and physicians fr non-economic damages if alleged malpractice resulted in death.

Florida has had no caps on pain and suffering awards in medical malpractice lawsuits since 2017, when the Florida Supreme Court ruled them unconstitutional. But the makeup of the court has changed since then, with the majority of the justices having been appointed by DeSantis.

The medical community is eager to put the rejuggled court to the test and, to that end, supported HB 6017 with the caveat that it include caps on non-economic damages in all medical malpractice lawsuits.

William W. Large Florida Justice Reform Institute President William Large

“Florida is in a medical negligence insurance crisis. Significantly expanding medical malpractice liability for the state’s physicians and hospitals without any guardrails, as HB 6017 would do if enacted into law, would be catastrophic for Florida’s healthcare system and the families that depend on it,” Florida Justice Reform Institute President William Large said in a written statement to the Florida Phoenix.

Large, who joined the governor at the press conference, said the legislation “proposed only to expand liability for our healthcare community without any safeguards to ensure that Florida’s healthcare system and residents do not suffer as a result. Gov. DeSantis courageously stood with our health care delivery heroes in vetoing this legislation.”

Large says a recent benchmark study conducted by Aon and the American Society for Health Care Risk Management determined that, although the frequency of hospital and physician professional liability or medical professional liability claims has remained relatively stable in recent years, the severity of claims — including indemnity and defense costs per claim — has been steadily increasing. For instance, 10% of claims closed in Florida in 2023 were in excess of $1 million, compared to 7.5% nationwide.

The increasing costs mean increasing medical malpractice premiums, he said. Citing the Medical Liability Monitor October 2024 survey, Large added that Florida has experienced a notable 4.7% increase in med-mal premiums, whereas the regional average increase was 2.1%.

https://floridaphoenix.com/2025/05/29/desantis-delivers-on-promise-and-vetoes-free-kill-malpractice-bill/

‘There simply isn’t enough justice to go around’: Controversial ‘free kill’ law to survive with Governor’s veto

May 29, 2025/in Florida Politics

Jesse Scheckner – May 29, 2025

A bill to repeal the unique Florida restriction derisively dubbed ‘free kill’ passed overwhelmingly in both legislative chambers. The Governor vetoed it Thursday.

Following through on his mid-May vow to do so, Gov. Ron DeSantis has blocked bipartisan legislation that would have repealed a decades-old Florida law that critics derisively dubbed “free kill.”

In a letter to House Speaker Daniel Perez, DeSantis confirmed he vetoed the measure, maintaining the state’s existing prohibition on lawsuits by unmarried adults over 25 and their parents from suing for pain and suffering due to a wrongful death caused by medical malpractice.

He framed his decision as one based on financial impact, keeping Florida attractive to doctors and maintaining the state’s level of health care as its insurance market stabilizes.

“What would this legislation do for the cost of health care in Florida, access to care in Florida and our ability to recruit and keep physicians?” he said at a Thursday press conference announcing his plan to kill the bill. “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.”

As he did earlier this month, the Governor cited a lack of caps on legal damages in the bill as a significant flaw.

Surgeon General Joseph Ladapo agreed, calling the Governor’s veto “the right thing to do.”

“The issue of justice, legal justice, economic damages, non-economic damages — there simply isn’t enough justice to go around and have the system be able to stand up on its two feet,” Ladapo said.

“It’s just not possible. And the right thing to do, the wise thing to do in that situation, is to have caps. Frankly, it’s insane to have a system with no caps on non-economic damages and expect for that system to continue to sustain itself and function as it was intended to function, which is to provide care to patients.”

Florida is the only state to have a law like “free kill.” It was enacted in 1990 as part of an expansion to the state’s Wrongful Death Act, with proponents saying at the time that doing otherwise would send medical malpractice insurance premiums skyrocketing and doctors fleeing to other states.

Proponents of the repeal bill (HB 6017) — including Jacksonville Republican Sen. Clay Yarborough, Orlando Democratic Rep. Johanna López and Fort Pierce Republican Rep. Dana Trabulsy — said insurance costs have gone up anyway and maintain that the restriction should never have passed.

But DeSantis proclaimed the measure dead on arrival at a May 15 press conference, echoing financial concerns detractors shared as HB 6017 and its Senate companion (SB 734) advanced in their respective chambers.

He also pointed to the failure of an amendment Yarborough proffered that would have capped payouts at $1 million. Stuart Republican Sen. Gayle Harrell, a health care information technology executive, also cited the amendment’s narrow failure as her reason for voting against the bill, which passed 33-4 in the Senate and 104-6 in the House.

“If you had caps on the amount of damages, people could see that would disincentivize a lot of jackpot justice,” he said, noting that plaintiffs today aren’t blocked from seeking economic damages related to medical malpractice, only non-economic ones pertaining to grief and sorrow.

“You can already do economic damages (and with caps), then you would be able to do non-economic damages, but you would not be able to hit the lottery.”

Karen Aguilar, whose elderly father died in January due to alleged negligence at a Pasco County hospital, called the Governor’s choice of words “disgraceful.”

“No, we’re not sitting here trying to get rich,” she told WFLA a day after the press conference. “We want accountability.”

Aguilar wasn’t alone in noting that for most people, losing a 25-year-old child or parent to medical malpractice wouldn’t feel like winning the lottery.

After DeSantis announced the veto, Yarborough released a statement expressing disappointment in the decision but deference to the Governor and his role in state policymaking. He also confirmed he would not seek a veto override, which would require a two-thirds majority in both chambers.

That’s still possible, given the support HB 6017 received this year, but unlikely without the Senate sponsor’s support of such action.

“I accept the Governor’s decision,” Yarborough said. “For me, this discussion has always been about the dignity and the inherent, God-given value of every human life. While no sum of money can replace the loss of life, our laws should not place some lives at a higher value than others when it comes to the profound and lasting impact of medical negligence on a family. From the time the Governor took office, his actions have demonstrated he shares these views on the value of every life.”

Trabulsy, meanwhile, unsuccessfully urged DeSantis to reconsider in a letter Thursday, arguing that removing the exemption would restore fairness and accountability to the state’s legal system.

“We are the only state that shields bad actors from accountability in such a sweeping way,” she said.

Lawmakers on both sides of the aisle praised HB 6017 as a humane change, righting a long-standing wrong.

Zephyrhills Republican Sen. Danny Burgess said he believed “a clean repeal is the right thing to do,” adding that because a “negligible amount of claims” fit the bill’s narrow scope, ending “free kill” wouldn’t be a significant cost-driver in raising insurance premiums.

“There’s no difference between a 25-year-and-364-day-old adult and a 26-year-old’s value of life, in my opinion, and I don’t think anyone believes that, for the record,” he said, calling the current law “one of the most arbitrary of laws we have on our books.”

Sen. Jason Pizzo, a Hollywood Democrat-turned-independent, said arguments that doctors wouldn’t be able to secure medical malpractice insurance if HB 6017 passed were “ridiculous.” No separate insurance category exists, he said, that excludes “doctors who specialize in making sure they operate on or treat people who have only adult children who can’t recover” damages under Florida law.

“Let’s not race to the bottom,” Pizzo said. “Let’s make our doctors better, more responsible.”

(L-R) Jacksonville Republican Sen. Clay Yarborough, Fort Pierce Republican Rep. Dana Trabulsy and Orlando Democratic Rep. Johanna López sponsored successful legislation this year to delete ‘free kill’ from Florida Statutes. Images via Florida Politics and the Florida House of Representatives.
Ocoee Democratic Rep. LaVon Bracy Davis, a lawyer, said the measure would help 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.”

Public testimony during the committee process, particularly from surviving family members of malpractice victims, was overwhelmingly supportive of HB 6017.

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.

Republican Joel Rudman, a doctor and former House lawmaker, endorsed the legislation in March, arguing that the only medical professionals who want to see the statute remain in place are bad at their jobs. He also rejected arguments that there is a “medical malpractice meltdown” in Florida, with a surge in such legal actions in recent years.

“As a physician, my malpractice rates have remained static in the last decade. It’s not even one of (my) top three expenditures,” he said. “Doctors aren’t going to leave Florida because of this bill — no good doctor. If a bad doctor wants to leave, bye.”

Karen Murillo of AARP Florida said the existing statute “discriminates against older and vulnerable adults” and should be deleted.

But there were numerous opponents of the measure, too, who warned Florida’s sky-high insurance and medical costs could increase further if HB 6017 became law.

“You’re seeing the highest rates in the country in Miami-Dade County in four categories: family practice, emergency room physicians, orthopedists, and we’ve talked about obstetricians,” said David Mica Jr., Executive Vice President of Public Affairs at the Florida Hospital Association.

“One-third of your rural hospitals in this state are operating in the negative margin. … We are talking about receiving care in the areas where we need it.”

Andy Bolin of the Florida Justice Reform Institute said his clients “face the highest medical malpractice premiums” in the U.S. He argued that “infusing” new cases into the system would make that problem worse and suggested that if the bill goes forward, damages must be capped.

Associated Industries of Florida’s Adam Basford urged lawmakers to take a “holistic” view of the problem and “mitigate” the impact on providers.

The Florida Chamber’s Carolyn Johnson said the bill would increase litigation, insurance rates and health care costs while decreasing access to care.

About a week after lawmakers passed the bill, the American Tort Reform Association urged DeSantis to kill the legislation, which it argued “takes Florida in the wrong direction.”

“Signing this legislation is likely to hurt Florida’s health care environment, which already faces physician and specialist shortages and high insurance premiums,” the group’s President, Sherman “Tiger” Joyce, said in a statement. “We expect legislation like this in New York, not in Florida.”

The group applauded DeSantis’ veto on Thursday, calling it a “decisive stand for fairness and common sense in Florida’s courts.”

So did Citizens Against Lawsuit Abuse Florida (FL CALA), a Plantation-based nonprofit.

“Once again, the residents of Florida have been safeguarded by the Governor’s strong commitment to civil justice. HB 6017 would have reversed key protections and expanded non-economic damages while opening the door to limitless intangible loss verdicts in areas like pain and suffering,” the group’s Executive Director, Tom Gaitens, said in a statement. “On behalf of our advocates across the state, FL CALA thanks Gov. DeSantis for his commitment to end abusive lawsuits.”

Meanwhile, the Tallahassee-based Florida Justice Association (FJA), which repeatedly advocated for HB 6017 and its Senate analog (SB 734) as they advanced this year through their respective chambers, decried the continuation of what it called “a legal loophole that denies justice to families whose unmarried adult loved ones die due to medical negligence.”

FJA President Todd Michaels pointed out that 93% of the Legislature supported HB 6017. He also noted that when DeSantis announced his plan to veto HB 6017 earlier in the day, he did so without any input or support from people who lost loved ones due to the issue at hand.

“In a room filled with doctors, hospital executives, the insurance industry and other caps proponents, but not a single family or victim of medical negligence — the Governor called for caps in all medical malpractice cases, a clear signal that he prioritizes the financial interests of hospitals, doctors, and insurance companies over the lives and rights of everyday Floridians,” Michaels said in a statement.

Aaron Davis, a partner at the Miami-based law firm Davis Goldman, which specializes in personal injury and medical malpractice cases, also said he was disappointed with the Governor’s decision to veto HB 6017, calling it “a devastating setback for families seeking accountability in the wake of medical negligence.”

“For decades, this outdated provision has denied justice to grieving parents and adult children, and the veto preserves a system that protects negligent providers over victims,” he said in a statement. “This move signals continued barriers in personal injury litigation for families in Florida, but it also underscores the urgency of pushing for reform in future Legislative Sessions.”

‘There simply isn’t enough justice to go around’: Controversial ‘free kill’ law to survive with Governor’s veto

Florida House members thwarted from rolling back DeSantis-supported legal reforms

May 6, 2025/in Florida Record

FLORIDA RECORD

Florida Justice Reform Institute President William Large said tort reforms signed into law by Gov. Ron DeSantis could be replicated by governors in other states. | Florida Justice Reform Institute

By Michael Carroll – May 6, 2025

Florida Republican representatives have made several attempts this year to roll back past tort reforms that Gov. Ron DeSantis credited for helping to stabilize the property insurance market and lower auto insurance premiums.

Recent state Senate actions, however, have blocked these legislative moves. On April 25, representatives placed provisions of a bill (HB 947) that sought to reinstate two-way attorney fees for certain insurance lawsuits into another bill containing provisions to protect the owners of former phosphate mining sites from legal liability for radiation issues (SB 832).

The modified SB 832 passed the House of Representatives on an 80–to-20 vote last month, but the Senate refused to sign off on the legislative mash-up. On Friday, the House indefinitely postponed the bill, withdrawing it from consideration.

DeSantis previously promised to veto any legislation that sought to roll back the tort reforms passed during the 2022 and 2023 legislative sessions. His allies, including the Insurance Commissioner Michael Yaworsky, said the legal reforms contained in SB 832 and HB 947, including changes that could inflate the calculation of medical damages, would reverse progress that has been made to put the brakes on excessive legal filings.

“HB 947 threatens to dismantle the hard-won progress achieved through Florida’s historic tort reform efforts in 2022 and 2023,” Yaworsky said in an analysis of the bill. “These reforms were pivotal in stabilizing our insurance sector after years of unsustainable litigation-driven losses.”

The state Legislature had been scheduled to adjourn on May 2 but will continue meeting this week in order to finalize a state budget.

“The Florida House seemed hell-bent on undoing Gov. DeSantis’ legal reforms,” William Large, president of the Florida Justice Reform Institute told the Florida Record in an email. “I suspect the reason has to do with the fact that many governors around the country were looking at the DeSantis reforms as a template for their state to use.”

Trial attorneys wanted the Florida House to send a message to other state governors that if they tried to replicate the DeSantis reforms, they would face political repercussions, according to Large.

“However, Gov. DeSantis and the Florida Senate stood strong and would not bend to the political whims of the Florida House,” he said. “The 2023 DeSantis tort reforms remain in place; moreover, they will continue to serve as an example for other states.”

The reforms that the governor signed in 2022 and 2023 included elimination of one-way attorney fees from insurance claims litigation, a clarification of what it means for an insurer to act in “bad faith” and shortening the amount of time insurers have to respond to policyholder claims.

In a recent television interview, the governor acknowledged that he has had his share of differences with House members this year on the subject of legal reforms.

“If you didn’t know anything else about that House, and you just saw what they were pushing, you would think that they were all sponsored by Morgan & Morgan,” DeSantis said.

Commissioner Yaworsky has argued that statistics are showing that the DeSantis-signed legal reforms of past years are working. Reinsurance rates declined last year, 12 new insurers have begun to write policies in the Florida market, year-over-year lawsuit filings have decreased by 23% and 19 property insurers have signed off on rate reductions, he said.

https://flarecord.com/stories/671176030-florida-house-members-thwarted-from-rolling-back-desantis-supported-legal-reforms

Why Trial Lawyers Hate Florida’s Insurance-Market Reforms

May 2, 2025/in Wall Street Journal

We put an end to the litigation abuse that drove rates ever higher. Now the market is stabilizing.
By Paul Renner – May 2, 2025 4:00 pm ET

A ‘For Sale’ sign outside a single-family home in Hollywood, Fla., Oct. 27, 2022. Photo: Joe Raedle/Getty Images

Palm Coast, Fla.

Floridians have faced major increases in their homeowners and automobile insurance premiums in recent years. At the same time, Florida ranked as one of the worst states in the country for lawsuit abuse, with our courts flooded by frivolous claims. This was no coincidence. Our Wild West litigation rules were a major reason that Floridians’ premiums were among the most expensive in the country and—for those already struggling with inflation—simply unaffordable.

To illustrate the connection between litigation abuse and affordability, in 2019 about 8% of all homeowners’ claims filed in the U.S. were filed in Florida. But according to the National Association of Insurance Commissioners, Florida accounted for 76% of all claims that turned into lawsuits that year. Politicians overuse the word “crisis,” but this was a real one. Many predicted the collapse of our property-insurance market. Meanwhile, every time a billboard attorney won another jackpot, we all paid higher premiums.

When I was speaker of the Florida House of Representatives, the Legislature acted to end frivolous lawsuits and abusive tactics by lawyers while protecting people with legitimate legal claims. We also enhanced regulatory authority and raised penalties imposed on any insurer that failed to pay customers’ claims properly and promptly. These two major reforms ignored the special-interest fights among attorneys and insurance companies and put the focus where it belongs: on making litigation and insurance rules fair and premiums more affordable for all consumers.

The benefits of those reforms are now kicking in. Florida’s Office of Insurance Regulation announced in February that nearly two-thirds of automobile premiums are declining between 6% and 10.5% this year, depending on the insurer, with more decreases expected as filings continue. If we stay the course, we should see even more-affordable rates in the years ahead.

Floridians are also seeing improvements with homeowners insurance. While 2024 rates continued to increase by double digits nationally, according to S&P Global, Florida premiums only increased 1% on average. This was the lowest rate of increase in the nation and well below the rate of inflation. Forty-three companies, representing 79% of policies on the market, filed either a decrease in 2024 or didn’t file increases. Our reforms ended the billboard-lawyer gravy train and eliminated the big increases in homeowners premiums we faced before those reforms became effective. Together with funding for home-hardening programs like My Safe Florida Home, the Sunshine State’s property insurance market will continue to stabilize and become more affordable in the years ahead.

Florida is known for its best-in-the-country freedom agenda, robust economy, and No. 1 ranking in education. Yet litigation abuse was one area in which our state ranked at the very bottom. Critics claim reform enriches insurance companies, but Florida’s recent rate reductions and market stabilization prove these arguments are baseless. While premiums remain too high and require continued attention, there is no question that ending litigation abuse has made a positive difference.

Recently, some in the Florida Legislature—at the behest of trial lawyers—have sought to undo these reforms. Gov. Ron DeSantis has led the fight to push back and has vowed to veto any efforts to undo our success.

Other states are following Florida’s lead. In March, Georgia passed landmark lawsuit-abuse reforms that will protect consumers, reduce costs and lower the hidden “litigation tax.” Texas lawmakers are considering a bill that will stop lawyers from padding jury awards with inflated and unreasonable charges. Louisiana, Oklahoma and even California are considering legislation this year to reform their broken legal systems. My advice is simple: Make litigation and insurance rules fair, and watch as premiums come down.

Mr. Renner, a Republican, served as speaker of the Florida House, 2022-24.

https://www.wsj.com/opinion/why-trial-lawyers-hate-floridas-insurance-market-reforms-litigation-abuse-homeowners-automobile-b4a6f71e

Legislature OKs more wrongful-death suits against hospitals, docs

May 1, 2025/in Florida Phoenix

Florida Justice Reform Institute says it will request a veto.
By: Christine Sexton – May 1, 2025 6:26 pm

State Sen. Gayle Harrell says he’s been attacked via billboards for opposing liberalization of wrongful-death suits against doctors and hospitals without limiting potential monetary awards. (Screenshot, WPTV)

The Florida Legislature on Thursday sent to Gov. Ron DeSantis a bill that would put an end to a 35-year-ban that prevents people from filing lawsuits against physicians and hospitals for medical malpractice.

The 33-4 vote by the Florida Senate capped a tumultuous 24-hours in which the main sponsor paused action on his bill a day earlier after the Senate narrowly rejected his call to cap how much someone could collect in a medical malpractice.

“It needs to be repealed, it is unjust,” said Sen. Clay Yarborough, the Republican who sponsored the legislation, of the litigation ban.

State Sen. Clay Yarborough via: Florida Senate

The question is what will happen next. DeSantis has complained loudly about the influence of “liberal trial attorneys.” Yarborough on Thursday told reporters there was a chance the governor could nix the bill.

Under existing law, parents of single, childless, adult children cannot sue for noneconomic damages such as pain and suffering. Adult children, defined as those 25 and older, are also banned from pursuing wrongful death claims for single parents who die from medical malpractice. ‘

HB 6017 would completely eliminate this prohibition in law. It passed over strong opposition from groups such as the Florida Hospital Association, Florida Medical Association, the Florida Chamber of Commerce, and insurance industry lobbyists.

Florida Justice Reform Institute William Large said he will ask the governor to veto the bill.

“This bill is bad for Floridians. It’s bad for consumers. This bill will only increase healthcare costs for all Floridians,” Large told the Florida Phoenix, adding that he estimates as many as 500 additional lawsuits annually will result from eliminating the ban.

The vote for final passage Thursday followed emotional testimony wherein state Sen. Gayle Harrell’s voice cracked as she explained that she was being targeted by billboards for her opposition to the bill.

Harrell, a long-time champion of the medical profession, said she would have supported the expansion of lawsuits against physicians and hospitals if, in exchange, the Senate agreed to put a $1 million limit on wrongful death recoveries for all medical malpractice incidents.

Harrell said she was moved throughout the session by testimony from residents who shared stories of how their children, parents, and loved ones died allegedly from medical malpractice but were prevented from seeking redress in court. But, at the end of the day, she said she believes that without damages caps, physicians and hospitals will face increased costs and stop practicing.

Sen. Gayle Harrell (Photo via the Florida Senate.)

“I can tell you we are going to have a huge increase in medical malpractice. And in addition we are going to have physicians not coming to the state of Florida,” she said.

Harrell said she has been targeted for her position. The Republican from Stuart didn’t say who was behind the intimidation.

“I can tell you this has become very difficult for me, personally. I am getting personal attacks on it because of my stand. There is now a billboard in front of my neighborhood saying Gayle Harrell supports profits over people,” she said, adding there is a “double billboard” “attacking” her in another nearby neighborhood.

“And I can tell you, that is very devastating to anyone in a political situation where they think Gayle Harrell puts profits over people. I do not. I do not,” she said.

Harrell’s remarks solicited anger from a bipartisan group of senators who came to her defense.

Former Senate Democratic leader turned independent Sen. Jason Pizzo said: “I want you to hear me now. Nobody has done more to provide access to health care than Gayle Harrell. So if you know the person who put up the billboard, I’m not affecting anyone’s First Amendment rights, but you can tell them that Jason Pizzo won’t like them when he finds out who they are.”

Pizzo announced later that he had reached someone who had promised to take down the billboards.

State Sen. Jim Boyd. Credit: Florida Channel

Sen. Jim Boyd, a Republican from Bradenton, extolled Harrell for her work over the years on issues involving children, the elderly, and people with intellectual and developmental disabilities.

“There’s nobody more caring than you,” Boyd told Harrell. “An attack on you is an attack on us. Anybody from St. Augustine or anywhere else in Florida that would put up a sign like that ought to think twice about it. It’s not fair. It’s not right. And it can’t be tolerated.”

https://floridaphoenix.com/2025/05/01/state-sen-gayle-harrell-has-been-attacked-on-billboards-for-objecting-to-opening-up-floridas-medical-malpractice-laws-without-limiting-potential-recoveries-screenshot-wptv/