The 2026 Legislative Session isn’t set to start for another three months, but already one of its most contentious legislative proposals is just one vote from reaching the House floor.
Members of the House Civil Justice and Claims Subcommittee voted 16-2 to advance HB 6003, which would repeal a unique Florida law that denies some families the ability to sue for non-economic damages — like grief and loss of companionship — if a hospital or doctor’s error kills their loved one.
The measure is virtually identical to a bill lawmakers overwhelmingly approved in May, only for Gov. Ron DeSantis to veto it later that month, pointing to its lack of caps on damages as an incentive for lawyers to pursue what he called “jackpot justice.”
Fort Pierce Republican Rep. Dana Trabulsy and Orlando Democratic Rep. Johanna López have revived the proposal, still without limits on what plaintiffs can receive.
“If you’re feeling a little déjà vu today, it’s because you should be,” Trabulsy told the panel on Wednesday.
“In Florida, we have world-class doctors. This is in no way, shape or form a bill that is punishing the doctors or our medical staff. This bill is simply to repeal a piece of law that is unjust.”
The law in question is a 1990 carve-out in Florida’s Wrongful Death Act meant to appease insurers and medical practitioners while keeping insurance costs down. It bans families from suing for wrongful death due to medical negligence if a parent or offspring is 25 or older, unmarried and without children under 25.
Critics of the restriction dubbed it “free kill,” arguing it unfairly shields careless providers while leaving some families without the same recourse afforded to others. Many medical professionals take exception to that label, contending it suggests that doctors are willfully irresponsible or eager to take lives.
Trabulsy said the Governor’s “jackpot justice” term is far more offensive and noted that Florida law requires pre-lawsuit investigations before the filing of a wrongful death claim, meaning “no one can just go out and file a frivolous lawsuit.”
But the state already has arguably unfair protections for medical wrongdoing, she said, citing an existing Department of Health policy that allows doctors to shield malpractice settlements under $100,000 from public disclosure.
“It just gets pushed under the rug,” she said. “The Department of Health knows it, but if we’re seeking a physician, we don’t get to find that out. So, I would agree we need some work there.”
As was the case with prior iterations of the bill, HB 6003 faced ample opposition from industry groups.
Among them: the Florida Hospital Association, Associated Industries of Florida, Florida Justice Reform Institute, Florida Orthopaedic Society, Florida Insurance Council and Florida Osteopathic Medical Association.
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