Florida Phoenix – Florida Justice Reform Institute

Vax manufacturers could get hauled into court under bill moving in the Senate

January 21, 2026/in Florida Phoenix

Christine Sexton – January 21, 2025

A Florida Senate panel on Tuesday passed a bill that makes vaccine manufacturers that advertise their products liable if the advertised vaccine caused harm or injury to anyone. (Screenshot/YouTube)

Manufacturers that advertise vaccines in Florida that cause injury or harm could be sued under a bill sponsored by Fort Pierce Republican Erin Grall.

Over objections by lobbyists representing organized medicine and business interests, the Senate Committee on Regulated Industries voted, 5-3, Tuesday to pass the proposal, SB 408.

Specifically, the bill would amend Florida law regulating drugs and cosmetics to allow an individual to file a lawsuit within three years following an alleged vaccine-related injury. The bill would provide one-way attorney fees, allowing any claimant who wins to recover “reasonable attorney fees” but not allow winning defendants to do the same.

Traditionally in Florida, one-way fees have been intended to balance the interests of ordinary people against deep-pocketed interests.

The bill defines “advertise” as “a media communication, including, but not limited to, television, radio, print, the Internet, digital or electronic media, product placement, promotion by an influencer in exchange for compensation, or any other manner of paid promotion, that a vaccine manufacturer purchases to promote the manufacturer’s vaccine.”

Discussions between health care providers and their patients or written or promotional materials regarding vaccines, or any promotional materials concerning vaccines displayed in health care facilities, would be specifically exempt from the definition of advertise.

According to a staff analysis of the bill, healthcare and pharmaceutical digital ad spending for 2025 was estimated at $24.8 billion, with traditional ad spending at about $7.9 billion.

Bill sponsor Grall said she thinks the measure would help increase vaccine rates in Florida, which have been plummeting. Statewide, the percentage of fully immunized two-year-olds dropped from about 85% a decade ago to roughly 75%, Grall said.

“Public trust regarding vaccines has diminished. I would argue that increased knowledge of the virtual immunity that manufactures have with regards to vaccine-related injuries has contributed to this declining trust,” Grall told members of the committee Tuesday morning.

“Vaccines have served an important public health service to eradicate disease, and this bill, I believe, is s step in rebuilding public trust of proven vaccines by holding manufacturers accountable.”

Florida Justice Reform Institute President William Large said the bill most likely would run afoul of federal laws that limit vaccine manufacturer liability in certain respects and establish compensation for injuries related to vaccines.

He touched on the National Childhood Vaccine Injury Act of 1986, which established the National Vaccine Injury Compensation Program (VICP), a no-fault program funded by vaccine manufacturers through an excise tax on each vaccine dose. The VICP covers most vaccines routinely given in the United States. Benefits include rehabilitation costs, pain and suffering, attorney fees, and, in the case of death, $250,000.

Another federal law Large referenced is the Public Readiness and Emergency Preparedness Act of 2005 (PREP), which authorizes the Department of Health and Human Services secretary to issue a so-called PREP Act declaration. The declaration allows the government to limit the liability of manufacturers, distributors, health care providers, and others for losses related to the administration or use of vaccines other other countermeasures to blunt any threat.

The PREP law also authorizes HHS to establish the Countermeasure Injury Compensation Program (CICP) to compensate claimants for serious physical injuries and death caused by certain vaccines.

CICP recoveries may include medical expenses, a portion of lost employment income, and a survivor death benefit.

Lastly, there’s the federal Food and Drug Cosmetics Act, which deals with labeling and failure to warn.

Preemption

“Most of this area of law is preempted by three federal acts,” Large said. “I’m also concerned it violates the First Amendment. And it’s also our position it’s bad public policy.”

Health and Human Services Secretary Robert F. Kennedy Jr. has criticized the VICP, calling it “biased” and “corrupt.” Kennedy, who owns a financial stake in a lawsuit against Merck over claims the pharmaceutical company failed to properly warn consumers about risks from its HPV vaccine, Gardasil, has said the protections remove incentives for vaccines to be safe.

Grall’s bill provides that an injured individual may bring an action within three years following accrual of the cause of action. Finally, the bill provides that a court can award a claimant who prevails in an action actual damages, court costs, and reasonable attorney fees.

There’s an identical proposal (HB 339) in the House filed by Rep. Monique Miller, a Republican from Palm Bay.

Committee Chair Sen. Jennifer Bradley, a Fleming Island Republican, thanked Grall for the bill, saying that in the aftermath of the COVID pandemic it’s an important conversation for the Legislature to have.

She said the United States is one of two countries that allow vaccine manufacturers to directly advertise to patients. While she stressed she’s no “anti-vaxer” Bradley said today’s environment is vastly differently than 40 years ago when the federal government agreed to pass the vaccine injury compensation fund in order to help ensure an adequate supply of childhood vaccines.

The environment today, Bradley said, is an “atmosphere of distrust.”

“I think this is an important conversation as we see the rise of a lot of diseases and a lot of cases with an uptick. I think we really need to take a hard look at the public trust we have in these big systems,” she said.

“Is this bill perfect? I don’t think so. Can it get better? Can we talk about it? We can put our head in the sand, but public trust in our health system is weak right now. And I think there are things we can do and conversations we can have to remedy that and to build that back. And I think this is a great first conversation.”

https://floridaphoenix.com/2026/01/20/vax-manufacturers-could-get-hauled-into-court-under-bill-moving-in-the-senate/

Fetal personhood, ‘free kill,’ sovereign immunity, and phosphates: It’s tort day in the House

January 15, 2026/in Florida Phoenix

Legislation to expand Florida’s wrongful death laws is progressing in the state House. (iStock /Getty Images Plus)

By: Christine Sexton – January 15, 2026

The Florida House once again this year is charging ahead with sweeping changes to laws governing lawsuits, notwithstanding in some cases pressure from business groups, and now will send the bills to the Senate to face uncertain futures.

The legislation covers a range of subjects, from limits on money recoveries from lawsuits against government, medical malpractice, and the death of fetuses.

“It seems like the House leadership is hellbent on bringing more lawsuits in Florida, which will only serve to drive up costs for ordinary Floridians,” Florida Justice Reform Institute President William Large told the Florida Phoenix Thursday.

The institute focuses on lawsuit-related legislation. “Gov. DeSantis’s reforms from 2023 show tort reform is working. There is no reason to bring all this litigation-fueled legislation,” Large said.

Fetal personhood

Florida law allows would-be parents to recover for “negligent stillbirth” under common law. Those damages are limited to mental pain and anguish plus medical expenses incurred incidental to the pregnancy.

In a partisan vote Thursday, members of the House voted, 76-34, to pass CS/HB 289, a bill that would allow would-be parents to pursue wrongful death claims for the loss of developing fetuses. Wrongful death suits allow plaintiffs to seek damages for mental pain and loss of support, meaning jurors could calculate the salary the fetus might have earned over its life, as part of the monetary damages. Common law refers to a body of law developed through judicial decisions and precedents, not by statute.

Democrats offered nine amendments meant to blunt the reach of the measure, including one by Orlando Democrat Rep. Ana Eskamani that would have given a carve-out for abortion providers. (The Republican-dominated House voted down each attempt.)

“It’s really important to remember that this legislation is expanding Florida’s Wrongful Death Act to apply to fertilized eggs. There’s no way that does not impact abortion access,” Eskamani said. State law protects abortion access through six weeks’ gestation, although not after that.

Eskamani offered a second amendment that would have exempted mothers from wrongful death lawsuits involving the fertilized egg, embryo, or fetus; or against a health care provider who has not been convicted of a crime in connection with the health care — including a provider of assisted reproductive technologies — without the consent of the mother.

Jacksonville Democrat Rep. Angie Nixon offered an amendment that would have prevented lawsuits from being filed against gestational surrogates. Nixon said that, as written the bill would allow a surrogate to be sued by intended parents if she were to miscarry.

“What type of message are we sending to people who are really looking out for other folks? That’s just wrong. Y’all for real? No family looks the same. And as legislators, we should not be getting in the way of people making physical and financial sacrifices in order to have children. If y’all really are pro life, you definitely vote up on this bill,” she said.

Another amendment, offered by Rep. Robin Bartleman, a Democrat from Weston, would have barred wrongful death lawsuits by a person whose involvement with the pregnancy was by means of rape, incest, or human trafficking.

“Where would be the harm in putting this amendment in?” Bartleman asked, noting that every abortion-related bill the Legislature has passed recognizes pregnancies stemming from those crimes and treats those pregnancies differently.

Rep. Marie Paule Woodson, a Democrat from Hollywood, beseeched members to put their feelings about abortion access aside and to pass Bartleman’s amendment.

“Let’s do what’s right, because I don’t want to have to come back in this chamber and have to go back on this bill for us to realize the pain that we will be causing to those impacted,” Woodson said. “If we don’t pass this amendment, we are giving control to those abusers. That’s exactly what we will be doing.”

Former Democrat turned Republican Rep. Hillary Cassel blasted the notion that CS/HB 289 was abortion-related and instead said it was about justice for mothers.

“This is not about abortion. And too often, when we talk about a pregnant woman, it always goes to the side of the mother that didn’t want the child. But what about the mother who wants one? What about the mother and the family who wanted that baby? That’s what this bill does. Don’t make it anything more,” said Cassel, of Hollywood.

Sen. Erin Grall, a Republican from Fort Pierce, has filed similar legislation (SB 164) in the Senate. That bill cleared the Senate Judiciary Committee by a one-vote margin and has been referred to two other committees.

“Free kill”

CS/HB 289 wasn’t the only bill related to wrongful death that the House passed Thursday, with the chamber voting, 88-17, to pass HB 6003

Although damantly opposed by organized medicine, insurance, and business lobbyists, the chamber passed the bill with little-to-no debate.

The bill revamps Florida’s wrongful death laws in two ways: Parents of single, childless, adult children 25 and older could file wrongful death lawsuits arising from alleged medical malpractice; and adult children could pursue claims for single parents who die from medical malpractice. Such cases are not allowed under existing law.

Proponents of HB 6003 say it fixes Florida’s “free kill” law, a name coined to describe the different legal protections in Florida statute based on someone’s age, family, and marital status.

Opponents argue the bill would increase the number of lawsuits and result in higher medical malpractice premiums. They have coined their own name for the proposal: “jackpot justice.”

Those opponents, including Large, say they would support the measure if it were amended to limit damages that can be recovered for all medical malpractice cases, not just the newly expanded class of litigants in HB 6003.

During debate on a similar bill last year, an amendment to cap medical malpractice settlements failed in the Senate by a one-vote margin.

DeSantis ultimately vetoed the 2025 version of the bill because it didn’t contain the caps.

During a press conference Thursday, DeSantis defended his veto.

“I will say, you know, that particular legislation I vetoed, if you talk to people in healthcare, it would have caused us to lose doctors. Like, there’s no question, uh, to root, because basically, those were reforms that had been enacted in response to medical malpractice insurance crisis many years ago, well long before I was governor. And so, you would see an impact on that, no question,” DeSantis said.

Sen. Darryl Rouson, a Democrat from St. Petersburg, filed the Senate companion bill (SB 1700) last week

Sovereign immunity

A bill that would increase the state’s sovereign immunity limits, taking them from $200,000 per person to $1 million and from $300,000 per occurrence to $3 million, passed the House by a 104-7 vote.

The bill would make clear that political subdivisions could settle cases beyond those limits without having to obtain advance approval in the form of a special legislative act. And it specifically would prohibit insurance policies from conditioning payment of settlements upon the enactment of a claims bill.

In legal terms, sovereign immunity refers to the state’s authority to exempt itself as a legal sovereign from civil lawsuits, although the state does allow negligence claims against itself and its subdivisions — agencies, cities, counties, and public hospitals — within limits. Injured parties can sue for damages and collect within the liability thresholds established by law but, if they win awards in excess of the limits, they must go to the Legislature in the form of what’s called a claims bill to collect the payment.

The claims bill process is lengthy and allows the defendant to challenge a jury verdict. Once a claims bill is filed, each chamber’s presiding officer refers it to a special master, who essentially reconsiders the jury’s recommendation. Claims bills also go before House and Senate committees that consider special masters’ recommendations. Ultimately, the bills must pass in both chambers.

It’s not unusual for claims bills to take years to pass, if ever.

Sen. Jason Brodeur, a Republican from Lake Mary, filed the Senate companion bill, SB 1366. That bill takes the existing sovereign immunity limita in law and increases them to $300,000 per person and $450,000 per incident. The bill directs the Department of Financial Services to adjust the caps five years from now and every five years thereafter, to reflect the Consumer Price Index. However, the bill limits those increases to no more than 3%.

In addition to the difference in the caps, the Senate bill lacks the language in the House bill that allows political subdivisions to settle cases beyond those limits without legislative intervention.

The Senate bill was filed last week and has not yet been referred to any committees.

Phosphates

The House also passed HB 167, a priority bill for Senate President Ben Albritton and the one tort-related bill that offers increased protections to businesses that the House passed Thursday.

Offered by Rep. Lawrence McClure, R-Dover, and Rep. Richard Gentry, R-Astor, the bill would establish a defense from strict liability if the lawsuit is related to pollution caused by a former phosphate mine and certain requirements are met.

Phosphate companies have faced lawsuits filed by people who bought homes built on radioactive spoils left by mining.

This strict liability defense applies to lawsuits brought by the Department of Environmental Protection as well as lawsuits brought by any other person.

https://floridaphoenix.com/2026/01/15/fetal-personhood-free-kill-sovereign-immunity-and-phosphates-its-tort-day-in-the-house/

DeSantis appoints Adam Tanenbaum to the Florida Supreme Court

January 14, 2026/in Florida Phoenix

Six of the seven justices on the high court have now been appointed by the governor.
By: Mitch Perry – January 14, 2026

Florida Channel screenshot of Adam Tanenbaum speaking after being selected to serve on the Florida Supreme Court on Jan. 14, 2026.

Florida Gov. Ron DeSantis has selected Adam Tanenbaum, now a judge on Florida’s First District Court of Appeal and former general counsel to the Florida House of Representatives, to serve on the Florida Supreme Court.

In doing so, DeSantis has now appointed six of the seven justices serving on the high court.

DeSantis made the announcement at Seminole High School in Pinellas County, from which Tanenbaum graduated in 1989.

Tanenbaum will fill the seat vacated by Justice Charles Canady, who left the court at the of end of last year after 17 years to became director and a professor at the University of Florida Hamilton School for Classical and Civic Education.

In his speech, Tanenbaum referred to himself as an originalist, the judicial philosophy that judges should interpret the Constitution according to its original public meaning that has been embraced by conservatives in recent decades.

“As an originalist, I subscribe to the fixation thesis and the constraint principle,” he said. “The meaning of a text is fixed at the time of its ratification or enactment. And that original meaning does not change over time.”

He went on to say that he shared Supreme Court Justice Clarence Thomas’ view “that the judiciary exercises neither force or will, only judgement. That our goal as judges is always to find the correct, original meaning of the law. To instead follow erroneous interpretations of the past, is to essentially make the law, usurping in the process the Legislature’s and the people’s authority.”

DeSantis lauded Tanenbaum’s intellect, referring to how he graduated first in his class at both Seminole High School and at the University of Florida.

Tanenbaum had a background in conservative politics before he got into law. He worked as an intern in 1994 for Newt Gingrich’s GOPAC, a Republican state and local political training organization. He then worked as a summer intern for Florida GOP U.S. Senator Connie Mack in 1995. And he served as public counsel for a couple of months for the Republican Party of Florida in 2001.

He also worked in private practice, as well as serving as a public defender for both the state of Florida and the federal government.

In 2014, he began working for various state agencies. He became the chief deputy solicitor general for the Florida Department of Legal Affairs in 2014-2015.

In 2015 he became general counsel for the Florida Department of State and then general counsel for the Florida House during Speaker Richard Corcoran’s term in 2016-2018. He was appointed by DeSantis to serve on the First District Court of Appeal in Tallahassee on Nov. 1, 2019.

“I was talking to some of my guys after I interviewed the judge,” DeSantis said Wednesday. “It’s like, we’ve got 23-plus million people, you know, in the state of Florida. And I would guarantee you, you will not find 10 people out of that 23 million that knows more about Florida government — not just law, and Supreme Court and courts, but the agencies, the legislative branch, all that — than Judge Tanenbaum. He knows this stuff very, very well.”

While serving on the First District Court of Appeal, heard Byrd v. Black Voters Matter Capacity Bldg. Inst. (2022 and 2025), a high-profile challenge to a redistricting plan that eliminated minority-access voting districts. The state ultimately prevailed.

He was part of a three-judge panel of that court in 2021 that ruled in favor of the DeSantis administration to punish school districts that insisted on strict face-masking policies against COVID-19 in defiance of the governor’s insistence that parents be allowed to opt out for their children.

The appointment of Tanenbaum to the Florida Supreme Court won plaudits from the Florida Justice Reform Institute.

“Judge Adam Tanenbaum is an exceptional choice for the Florida Supreme Court,” said president William Large. “His extensive legal experience, combined with his dedication to public service, demonstrates he is deeply committed to the State of Florida and upholding the rule of law.”

Jorge Labarga is now the lone justice serving on the Florida Supreme Court who was not appointed by DeSantis. He was appointed to the court by then Gov. Charlie Crist in 2009. He is 73 years old, meaning that he must retire due to age term-limits before the 2028 election.

With additional reporting by Jay Waagmeester.

https://floridaphoenix.com/2026/01/14/desantis-appoints-adam-tanenbaum-to-the-florida-supreme-court/

Fetal wrongful death bill ready for House floor vote

December 2, 2025/in Florida Phoenix

ACLU: Bill ‘will be devastating to any health care practitioner or hospital that treats pregnant patients.’
By: Christine Sexton – December 2, 2025

Critics fear legislation to allow wrongful death lawsuits in the negligent demise of fetuses would open medical providers to lawsuits by vindictive romantic partners. (Photo by Getty Images)

A House comittee on Tuesday voted 14-6 to pass a bill that allows wrongful death lawsuits for the loss of developing fetuses, with a leading proponent claiming the legislation should be a harbinger of things to come for the anti-abortion movement in Florida.

“I want to emphasize to this committee that this bill should be the beginning of a broader expansion of civil remedies afforded under Florida law to hold accountable those who continue to take the lives of unborn children illegally in our state,” founder and executive director of Florida Voice for the Unborn Andrew Shirvell told members of the House Judiciary Committee.

Shirvell claimed there would be upward of 55,000 abortions provided in Florida by the end of the year. “And I guarantee, I guarantee those official numbers contain many, many, abortions, possibly thousands, being performed illegally without justification past the six-week limitation that went into effect on May 1, 2024,” he said.

Shirvell didn’t say where his data came from. The Agency for Health Care Administration’s abortion data for calendar year 2025 show that, as of Oct. 31, 36,857 terminations had been reported by Florida physicians and hospitals.

The House Judiciary Committee was the last stop for HB 289, which already been approved by the House Civil Justice and Claims Subcommittee last month over the objections of Equality Florida, the American Civil Liberties Union of Florida, and Florida Now, which are known to closely track reproductive rights issues.

“We’ve said this before and we’ll say it again: By moving this bill forward, politicians are inviting irreparable harm to pregnant patients and deepening Florida’s maternal healthcare system crisis,” ACLU interim political director Kara Gross said in a statement.

“HB 289 is so far-reaching and overly broad that it allows any person who impregnates someone else — including an abusive ex-partner or rapist — to bring harassing litigation against individuals, doctors, hospitals, private businesses, and governmental entities for a loss of pregnancy from the moment of fertilization, by simply alleging that they were at fault,” she continued.

“This increased liability exposure will be devastating to any health care practitioner or hospital that treats pregnant patients, and is especially dangerous to OB/GYNs who specialize in high-risk pregnancies.”

But other groups that steer clear from abortion debates, such as the Florida Justice Reform Institute, which promotes legislation to reduce civil lawsuits against businesses, and the Doctor’s Co., the nation’s largest physician-owned medical malpractice carrier, also opposed the legislation.

Companion SB 164, by Fort Pierce Republican Sen. Erin Grall, faces an uphill battle in the Florida Senate, where the bill cleared its first committee by a 5-4 vote.

Damages for the death of an unborn child are not recoverable under the state’s wrongful death laws, which allow for recovery of medical or funeral bills and past and future pain and suffering. Damages may be recoverable for “negligent stillbirth” in a common-law proceeding. Those damages are limited to mental pain and anguish and medical expenses incurred incident to the pregnancy.

The House and Senate bills would allow parents to file wrongful death suits for unborn children, defined as a member of “the species Homo sapiens, at any stage of development, who is carried in the womb.” Wrongful death suits allow damages for mental pain and loss of support, meaning jurors could determine the salary the fetus could have earned over its life as part of the damages to which parents could be entitled.

https://floridaphoenix.com/2025/12/02/fetal-wrongful-death-bill-ready-for-house-floor-vote/

House Subcommittee Oks fetal wrongful death bill; counterpart moving in the Senate

November 18, 2025/in Florida Phoenix

Versions aren’t identically drafted but are substantively the same.

By: Christine Sexton – November 18, 2025

Abortion Law book on copy of Preamble. Gavel and stethoscope.Over the objections of disparate special interests, a House subcommittee on Tuesday voted 13-3 to pass legislation that would allow would-be parents to pursue wrongful death lawsuits for the loss of developing fetuses.

Legislative debates over reproductive rights generally attract lobbying interests from groups such as Planned Parenthood, the Florida Conference of Catholic Bishops, and the ACLU. But debate over HB 289, which would expand Florida’s Wrongful Death Act, has also drawn lobbying interest from groups that don’t usually get involved in the issue.

A review of lobbying records shows those following the bill include the Safety Net Hospital Alliance of Florida, which represents some of the largest hospitals across the state; The Doctors Company, a national physician-owned medical liability carrier; and the Florida Justice Reform Institute, a Florida Chamber of Commerce-supported organization fighting “wasteful civil litigation through legislation.”

Lobbyists for those organizations all waived their right to speak against the bill before the Civil Justice and Claims Subcommittee on Tuesday, merely registering opposition for the record.

Indeed, most of the public debate on the bill came from Democrats on the subcommittee who pressed St. Augustine Republican and bill sponsor Rep. Sam Greco about unintended consequences women could face if the bill passes. St. Petersburg Democrat Rep. Michele Rayner, an attorney, voiced multiple concerns with the bill, not least that it could allow abusive ex-partners to sue over abortions or miscarriages.

Rep. Michele Rayner (Photo/Florida House of Representatives.)

“This bill is couched as a measure for a fetus, but it’s actually another measure that shows up that the state of Florida does not value women, does not value rape victims, and just like what happened in a botched prosecution of the Epstein victims in human trafficking ring,” Rayner said.

She continued: “We always talk about bad actors. And to me, this bill, as a woman, as a Black woman, opens this wide up for rapists and abusers to be fully empowered. So, I will be voting no on this bill. “

Before voting to pass HB 289, members of the subcommittee tagged on an amendment to narrow language that protects the mother of the “unborn child” and health care providers, including assistance reproductive technology providers, from being sued.

The amendment tightened the exemption by requiring that the health care being delivered not only be lawful but also is “provided in compliance with the applicable standard of care.”

The amendment brings the House’s version of the bill closer in line with the Senate’s proposal, SB 164, offered by Fort Pierce Republican Sen. Erin Grall. That bill passed the Senate Senate Committee on Judiciary 5-4 and heads to the Appropriations Committee on Criminal and Civil Justice and Rules committees next.

HB 289, meanwhile, heads next to its second, and last, committee of reference, the Judiciary Committee.

While the bills aren’t identically drafted, they now are substantively the same.

The way it is and would be

Under existing law, damages for the death of an unborn child are not recoverable under the state’s Wrongful Death Act, which allows for recovery of medical or funeral bills and future pain and suffering. However, per a 1997 Florida Supreme Court ruling, damages may be recoverable for a “negligent stillbirth” under common law. Those damages are limited to mental pain and anguish and medical expenses incurred incident to the pregnancy.

Common law refers a body of law developed through judicial decisions and precedents, not by statute.

The legislation would allow parents to file wrongful death suits, which allows damages for mental pain and loss of support, meaning jurors could determine the salary the fetus could have earned over its life as part of the damages to which parents could be entitled.

https://floridaphoenix.com/2025/11/18/house-subcommittee-oks-fetal-wrongful-death-bill-counterpart-moving-in-senate/

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/

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/

Lobbyist scolded for ‘scare tactics’ in committee debate on wrongful-death bill

March 20, 2025/in Florida Phoenix

‘I expect you bring facts and data and not scare tactics and opinions.’

By: Christine Sexton – March 20, 2025

(Photo by Kieferpix/Getty Images)

Rep. Hillary Cassel on Thursday blasted a lobbyist for his testimony on a bill that would increase the potential for wrongful death lawsuits to be filed against Florida doctors and hospitals, accusing him of using scare tactics to try to sink the bill.

During public testimony on HB 6017 before the House Judiciary Committee, attorney Mark Berlick said allowing adult children of single parents to sue physicians and hospitals for noneconomic damages, such as pain and suffering, would open the door to estranged children suing Florida’s hospitals and physicians.

Berlick, an attorney with the Bolin Law Group, said he represented the Florida Justice Reform Institute, which champions lawsuit limitations.

He testified that the “bulk” of people who would be filing medical malpractice lawsuits are going to be nonstate residents who are estranged from family members who live in Florida.

“So, though you’ll end up with the individuals that will end up with a check being sent to them for an individual that never sets foot in the state of Florida, they won’t receive any medical care here. They won’t have any taxes paid here. They’ll just simply receive a settlement check from the death of their relatives,” he said.

The comments didn’t sit well with Cassel, a Republican who noted that the majority of the people in the committee hearing who testified on behalf of the bill were Florida residents.

“We as members expect that the people that come before us to provide information are going to do so truthfully and with facts, and for the gentleman from the Florida Justice Reform Institute to come before us and assert that the people that are going to benefit from this don’t live in this state and must be estranged from their families, and we’re going to just be writing checks to estranged members, doesn’t have an ounce of data to support that,” Cassel said.

“And that was nothing more than a scare tactic to this committee, and it’s an insult on our intelligence, and it’s an insult to the people who are here today, who are clearly not estranged from the loved ones that they have lost. And of the ones that have testified, all but two are Floridians. So, if you’re going to come before this committee and make assertions about what’s going to happen if we pass legislation, I expect you bring facts and data and not scare tactics and opinions.”

Quid pro quo

The insurance industry, Florida hospitals associations, and organized medicine such as the Florida Medical and Florida Osteopathic associations, oppose the bill in its current form. But they are willing to support eliminating the ban if the Legislature agrees to limit damages for pain and suffering.

Otherwise, increasing civil liability will further increase medical malpractice insurance rates and drive physicians away from practicing, the opponents say.

To date, neither the House nor Senate have included the industry-coveted caps in the bill. The Senate passed its version, SB 734, earlier this week.

Rudman returns

There are some individual physicians, though, who support the proposal, including former state Rep. Joel Rudman.

Rudman resigned from the House to launch an unsuccessful congressional bid but returned Thursday to testify in support of the bill.

A Navarre physician, Rudman said he came to Florida from Alabama during the 1990s and the high medical malpractice rates didn’t drive him away. The premiums he pays today, he said, haven’t changed in a decade. And the costs of the insurance protection from lawsuits isn’t among his top three overhead costs.

“I’ve had a license since 1997, and I’ve never been sued. I’m very proud of that,” Rudman said. “It’s not because of some bogus protections carve-out in the current statute. It’s because I’m damn good at my job. And this bill will not change that, either. The only doctors that want to see this statute remain in place are bad doctors and, unfortunately, we have a few of those in the state of Florida.”

https://floridaphoenix.com/2025/03/20/lobbyist-scolded-for-scare-tactics-in-committee-debate-on-wrongful-death-bill/

DeSantis opposes repealing Florida’s no-fault auto law. Will his stand stall Legislature’s efforts?

March 6, 2025/in Florida Phoenix

‘I don’t want to do anything that’s going to raise the rates.’

By: Christine Sexton – March 6, 2025 4:46 pm

Traffic on I-95 via Florida DOT.

Gov. Ron DeSantis seems determined to put the brakes on efforts in the Florida Legislature to scrap the state’s no-fault automobile insurance laws, including a requirement for drivers to buy personal injury protection.

The governor already vetoed one bill to repeal the state’s no-fault system and replace it with a fault-based one instead. Following his State of the State speech Tuesday, DeSantis indicated he has not changed his mind.

“If they have a reform where we can show that it’s going to lower rates, it’s fine. But lets just be clear. I mean, you know, we know that’s something that people from the legal and the trial bar have wanted to do. And so why would they want to do that? Obviously, they see that there’s opportunities for them to make money off of it,” DeSantis told reporters.

“I think that goes without saying. So, I don’t want to do anything that’s going to raise the rates.”

Republican Sen. Erin Grall of Vero Beach and Rep. Danny Alvarez of Hillsborough County have both filed bills to eliminate the requirement that drivers carry personal injury protection. Instead, the bills require drivers to carry $25,000 in bodily injury coverage for one person and $50,000 for two or more people per incident plus $10,000 in property liability coverage.

Alvarez’s bill, (HB 1181) has been referred to three House committees: the Civil Justice & Claims Subcommittee; Insurance & Banking Subcommittee; and the Judiciary Committee. Grall’s bill (SB 1256) faces hearings before the Banking and Insurance; Appropriations Committee on Agriculture, Environment, and General Government; and Rules committees.

Define ‘PIP’
Personal injury protection (PIP) is a type of car insurance that pays medical expenses, lost wages, and other costs of drivers and passengers injured in automobile accidents, regardless of who caused the accident.

Florida drivers are required to carry $10,000 in PIP coverage on their insurance policies under Florida’s no-fault automobile insurance system, plus $10,000 in property damage liability coverage. Those are minimum requirements and drivers can, and do, purchase additional coverage.

According to the Department of Highway Safety and Motor Vehicles, just under 6% of the drivers on Florida roads were uninsured as of February.

The state’s no-fault automobile insurance laws ban injured parties from bringing lawsuits against at-fault parties to recover noneconomic damages, such as pain and suffering and loss of consortium, although there are some exceptions (if a person suffers a permanent loss of an important bodily function; a permanent injury; a permanent scar or disfigurement; or death).

The Florida Justice Association, representing the trial bar, supports PIP repeal and notes that a Forbes analysis of automobile insurance rates pegs Florida as the most expensive state for car insurance in the nation. To meet the requirements of the law costs an average $1,529 annually.

Lobbying surge

A cadre of insurance lobbyists oppose the repeal, as does Florida Justice Reform Institute President William Large. They argue lawmakers should allow the state’s no-fault laws and PIP to remain in place for at least another three years to ascertain the effect the elimination of one-way attorney fees will have on rates going forward.

Since 1893, state law allowed policyholders to force carriers to pay any attorney fees they rack up if forced to sue to enforce claims — hence “one-way” fees. The idea was to counterbalance insurers’ financial and legal clout. In 2023, the Legislature required both parties to pay for their own attorneys’ fees.

The Legislature agreed in 2021 to repeal the no-fault system and the minimum mandated coverages and return to a fault-based system, but DeSantis vetoed the bill (SB 54). In his veto letter, DeSantis stated at the time that although the “PIP system has flaws,” repeal could bring unintended consequences for the market and the consumer.

Perez, who was vice chair of the House Judiciary Committee at the time, voted for the repeal.

Note: This story has been updated to correct the name of the House bill sponsor.

https://floridaphoenix.com/2025/03/06/desantis-opposes-repealing-floridas-no-fault-auto-law-will-his-stand-stall-the-legislatures-efforts/

Here’s what lawmakers could change about property insurance in the next two months

March 3, 2025/in Florida Phoenix

Florida’s no-fault automobile insurance requirements could see some changes

By: Jackie Llanos and Christine Sexton – March 3, 2025

The coastline in Steinhatchee remains covered in debris on Oct. 3, 2024, following Hurricane Helene. (Photo by Jay Waagmeester/Florida Phoenix)

Insurance could prove the issue that dominates Florida’s 2025 legislative session, given that lawmakers have filed dozens of bills aimed at reining in homeowners’ insurance premiums and once again hope to repeal the requirement to carry no-fault car insurance policies.

Property taxes

Sen. Blaise Ingoglia Photo credit: Christine Sexton Florida Phoenix

Positioned as one of the most important lawmakers when it comes to insurance is Spring Hill Republican Sen. Blaise Ingoglia, who chairs the committee dealing with that industry. The Gov. Ron DeSantis ally has multiple proposals tackling home hardening against hurricanes and floods and reversing some of the legislative gains won by insurance companies.

“There are still a bunch of bills that have been filed, so we’re going to be going through the bills diligently,” Ingoglia told Florida Phoenix on Monday. “We want to make sure that any bill that winds up being heard in committee is holding insurance companies accountable, but making sure that we are doing everything that we possibly can to reduce premiums for homeowners.”

His most recently filed bill, SB 1740, would require carriers applying to conduct business in Florida to hold reserves of at least $35 million more than they need to cover obligations to policyholders.

Directors, officers, or attorneys of insurance companies that can’t pay their debts would be barred from joining another insurance company in that capacity if they were in their position within five years before the insurer becomes insolvent.

Under Ingoglia’s proposal, the state’s hurricane mitigation grants of up to $10,000 would go toward improvements that would result in a property insurance credit or discount. Republican newcomer Yvette Benarroch of Marco Island is sponsoring the House companion.

The senator also wants the Legislature to assume authority to freeze property taxes for homeowners who elevate and in other ways make their homes more resistant to winds and flooding. Two-thirds passage of that resolution, SJR 1190, in the Legislature would put that question in front of voters in 2026, and it would require 60% approval at the polls.

If voters want to make that change to the Florida Constitution, another bill, SB 1192, which Ingoglia filed on Feb. 25, would freeze property taxes for 20 years for homeowners who elevate their homes.

Pinellas Republican Reps. Adam Anderson and Kimberly Berfield filed the House companions.

Reports and more reports

Demands for more information and transparency are a common thread among the bills lawmakers have filed on property insurance this session.

During the insurance market upheaval following Hurricanes Irma and Michael, insurers raised premiums to cover their losses while their affiliate companies made billions, according to a recent investigation by the Tampa Bay Times. The affiliate companies increased their profits by overcharging the insurers for basic services.

A 174-page proposal, SB 1656/HB 1429, which Tampa Republican Jay Collins and Miami Lakes Republican Tom Fabricio filed on Friday, requires insurers to turn over to the Office of Insurance Regulation (OIR) documentation about fees paid to affiliates. The bill also requires the companies to tell residential property policyholders how the costs of litigation, reinsurance, and affiliate fees influence the rate the customer pays.

Sen. Don Gaetz (Photo/Florida Senate)

Former Senate President Don Gaetz — the Republican is once again representing the far western Panhandle in the upper chamber — is taking a similar approach with SB 554. His proposal, sponsored in the House by fellow Panhandle lawmaker Alex Andrade, requires OIR to create a report detailing the financial relationship between insurers and affiliates with at least 10% common ownership and another delving into insurance executives’ compensation.

Gaetz and Andrade also want to reinstate Florida’s old one-way attorney fees, which traditionally awarded litigation costs to homeowners who successfully sue insurance companies. In 2023, the Legislature required both parties to pay for their own attorneys’ fees, one of DeSantis’ priorities.

Across the aisle, Democrats have filed bills limiting property insurance rate increases and creating a trust fund to help people who can’t pay for their insurance. Meanwhile, Democratic House Leader Fentrice Driskell requested that House Speaker Daniel Perez and DeSantis investigate why the state concealed for two years the information the Tampa Bay Times reported.

PIP tussle

Personal injury protection (PIP) is a type of car insurance that pays for medical expenses, lost wages, and other related costs of drivers and passengers injured in automobile accidents, regardless of which driver causes the accident.

Florida drivers are required to carry a $10,000 in PIP coverage on their insurance policies under Florida’s no-fault automobile insurance system, which also requires drivers to purchase $10,000 in property damage liability insurance. Those are minimum requirements and drivers can purchase additional coverage on top of those mandated requirements.

Map: Jackie Llanos/Florida PhoenixCreated with Datawrapper

The state’s no-fault automobile insurance laws ban injured parties from bringing lawsuits against at-fault parties to recover noneconomic damages, although there are some exceptions (if a person suffers a permanent loss of an important bodily function; a permanent injury; a permanent scar or disfigurement; or death.)

According to the Department of Highway Safety and Motor Vehicles just under 6% of the drivers on Florida roads were uninsured as of February.

The Florida Justice Association, which supports a PIP repeal, notes that a Forbes analysis of automobile insurance rates shows that Florida is the most expensive state for car insurance in the nation. To meet the requirements of the law costs an average $1,529 annually.

The Legislature agreed in 2021 to repeal the no-fault system and the minimum mandated coverages and return to a fault-based system, but Gov. DeSantis vetoed the bill (SB 54). In his veto letter, DeSantis stated at the time that although the “PIP system has flaws,” repeal could have unintended consequences for the market and the consumer.

Perez, who was vice chair of the House Judiciary Committee at the time, voted for the repeal at the time.

Fast forward to 2025 and there’s another concerted effort to repeal the PIP system, and Perez is speaker of the House of Representatives. The vehicles are SB 1256 by Sen. Erin Grall and HB 1181 by Rep. Danny Alvarez.

The bills would abolish PIP and instead require drivers to carry $25,000 in bodily injury coverage for one person and $50,000 for two or more people per incident plus $10,000 in property liability coverage.

Florida Justice Reform Institute William Large is lobbying against the repeal. Large, whose group advocates for lawsuit restrictions, says lawmakers should allow the state’s no-fault laws and PIP to remain in place for at least another three years while lawmakers gather market data. He says the pause would allow the state to ascertain whether elimination of one-way attorney’s fees reduced the costs of automobile insurance.

https://floridaphoenix.com/2025/03/03/heres-what-lawmakers-could-change-about-property-insurance-in-the-next-two-months/