“I never asked for this fight, but I know my dad is so proud,” said Sabrina Davis, who couldn’t hold back her tears.
It’s been five years since she lost her father, and five years since she started her fight to repeal what critics have long dubbed Florida’s “free kill” law.
“October 15th of 2020, a day that I don't ever want to relive again, but I am so happy to say that legislators did the right thing,” she said.
The 35-year-old law, known formally as Florida’s Wrongful Death Act, prohibits families from filing a medical malpractice case if an unmarried loved one 25 years or older unexpectedly dies from medical negligence.
Florida is the only state with such a law on the books.
We first told you about the law and its failures in 2023, when we introduced you to Davis. Davis’ father, Keith Davis, wasn’t married at the time he died of an undiagnosed blood clot while he was in a Hillsborough hospital for knee pain back in 2020.
Davis and other advocates have been fighting to get this law off the books ever since.
WPTV Investigates
Time for Florida's 'free kill' law to die, families say
Last year, we followed them to the state capitol, showing viewers the rarely seen hustle as regular citizens trying to get heard in Tallahassee.
This session, a new bill to fully repeal the law sailed through committee meetings early on. It’s named the Keith Davis Family Protection Act, after Davis’ father.
But on Wednesday, the bill stalled after a fiery debate in the Senate over capping how much families could collect in pain and suffering. The $1 million caps failed to get the Senate’s approval.
Florida Senator Gayle Harrell, whose late husband was a doctor, has long fought against efforts to repeal the law, fearing it will scare doctors away from Florida.
“The unintended consequences of this bill are huge,” she said during the Senate’s vote on Thursday.
But in the end, lawmakers voted overwhelmingly to get rid of it. It’s a law families say has done little to help Florida and too much to hurt the families who live here.
“I’d much rather have my dad than have ever been fighting this fight. I didn't sign up for this, but I know that at one point, my dad signed up to fight for this country's freedom, and today I feel like we're one step closer to getting it back,” said Davis.
The bill now heads to the governor for final approval.
