As travelers enter Florida, they are greeted by a stark message on a sign: "Welcome to the Free Kill State of Florida." This sign is a bold critique of the state's legal system, which some argue denies justice for deaths caused by medical negligence.
According to the news outlet Florida Politics, since 1990, a law has been in place in Florida that prevents certain families from suing for non-economic damages when a loved one dies due to medical negligence. If the deceased was 25 or older, unmarried, and without minor children, the state deems their family members ineligible to claim for pain, grief, or loss of companionship.
This provision is part of an exception to the state's Wrongful Death Act, allegedly designed to shield insurance companies and healthcare providers, as activists have pointed out. Earlier this year, the Florida Legislature overwhelmingly voted to remove this exception, but Governor Ron DeSantis vetoed the bill, citing potential increases in healthcare system costs as his rationale.
In response to this veto, Daryl Perritt, a restaurateur from St. Augustine whose son Cameron died at 33 in a hospital after warning them of his condition, initiated a public campaign against the law. He financed a billboard along I-95, just before the Florida Welcome Center, with the message: “Welcome to the Free Kill State of Florida.”
Perritt emphasized that many Florida residents are unaware that they lose rights simply by aging. "Adults with Down syndrome and autism rarely marry or have children, but upon turning 25, they lose all rights in Florida’s healthcare facilities," he explained. He also shared that his mother-in-law lost legal protections unknowingly upon relocating from New Jersey.
Another critic, Cindy Jenkins, lost her daughter Taylor Jenkins to medical negligence three months after her 25th birthday. A private autopsy paid for by the family revealed that the hospital had misdiagnosed the cause of death. "If Taylor had died three months earlier, I could have sought justice," Jenkins lamented, adding that the law treated her daughter's life and death as though they were meaningless.
Jenkins and Perritt have joined forces to campaign for more billboards throughout the state to pressure legislators who opposed the repeal. Representative Dana Trabulsy has already reintroduced the bill as HB 6003 for the upcoming legislative session in January, with no caps on compensation.
Republican Senator Clay Yarborough had previously suggested an amendment with a compensation limit of up to one million dollars, which was narrowly defeated. He has indicated he will not reintroduce the proposal in 2026.
"The opposition to 'free kill' transcends party lines," Jenkins stated, noting that "93% of legislators voted to eliminate this injustice. Yet, DeSantis only focused on the economic cost, not the human cost."
Key Questions on Florida's Wrongful Death Law
What is the "Free Kill" law in Florida?
The "Free Kill" law refers to a provision in Florida's legal system that prevents families from suing for non-economic damages when a loved one dies due to medical negligence, if the deceased was 25 or older, unmarried, and without minor children.
Why did Governor Ron DeSantis veto the bill to repeal the exception?
Governor Ron DeSantis vetoed the bill to repeal the exception, arguing that it could increase healthcare system costs.
Who is leading the campaign against Florida's current wrongful death law?
Daryl Perritt and Cindy Jenkins are among those leading the campaign against the current wrongful death law in Florida, advocating for changes through public awareness efforts and legislative initiatives.