TALLAHASSEE, Fla. (WFLA) — Florida families are frustrated coming off of the 2026 legislative session, following yet another attempt to repeal the state’s so-called “free kill” law.

For more than 30 years, the state has had a statute in place, often known as the “free kill” law.

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It prevents parents from suing for non-economic damages, like pain and suffering, in malpractice cases if their children are 25 and older, unmarried, and have no children.

Likewise, adult children cannot sue for similar damages if their parent is unmarried.

One Mother’s Push for Change

Families, children, and parents like Cindy Jenkins have been calling on state lawmakers for years to act.

Jenkins lost her daughter, Taylor, in 2023 when she was rear-ended at a red light and taken to an Osceola County hospital.

“I had no idea that Florida had a law on the books called free kill. My daughter, native Floridian, born in a Florida hospital, died in a Florida hospital. It was not a medical mistake,” Jenkins said.

Jenkins said doctors told her Taylor died from a brain injury, but after paying for an independent autopsy, the cause of death was determined to be internal bleeding that went untreated for hours.

“There was not even enough blood to keep her heart pumping. Her brain had massive hypoxic brain damage, similar to a drowning victim, because there were no blood and oxygen circulating through her brain, and all of her organs were failing,” Jenkins said. “At that point, they took her back to the ICU, and she was left lying there for six more hours before surgery was done to stop the bleeding. That’s not a mistake. That is reckless disregard for my child’s life.”

Taylor’s mother said she did everything she could in those final days to protect her, trying to get her transferred to another hospital and access her medical records.

“They wore me down over five full days, and I just went along for the ride at that point. They had total control,” Jenkins said.

Taylor was newly 25 years old, unmarried, and had no children, falling right under the law banning parents from suing for medical malpractice.

“The trauma from losing Taylor was unimaginable, and there are no words for the trauma that came from learning there was nothing I could do about it,” Jenkins said.

Statehouse efforts stall again

Lawmakers return to Tallahassee year after year filing legislation to repeal this law. In 2025, both chambers passed a measure that would do just that for the first time in over 30 years.

However, despite the bi-partisan support, Governor Ron DeSantis vetoed that bill, warning that any changes could destabilize Florida’s healthcare system.

“It would lead to higher costs for Floridians. It would lead to less access to care for Floridians. And it would make it harder for us to keep, recruit, and maintain physicians in the state of Florida,” DeSantis said.

Even so, the Florida House pushed for a comeback this year, with Senate President Ben Albritton saying he supported the plan for a return before session even began.

“I would like to see something get accomplished,” Albritton said.

The bill ended up passing the House, once again, but was shockingly blocked by the Senate.

“Just like I didn’t know that this law existed, I had no idea that the legislative system in Florida is not functioning as intended,” Jenkins said.

What comes next?

Now families claim they are being denied access at every level, from the governor, senate president, and state lawmakers.

Jenkins shared with 8 On Your Side, since 2023, she has repeatedly requested to meet with Governor Ron DeSantis, Senate President Ben Albritton, Former President Kathleen Passidomo, State Senator Clay Yarborough, and State Senator Jim Boyd — only to be turned away, ignored, or pushed off until “after elections.”

“What I’m up against, and other families fighting this are up against, is that the insurance and hospital lobbyists, that are very powerful, are based in Tallahassee. They have essentially an open door to meet with these people. And then the families are the ones that tend to get shut out,” Jenkins said.

As of now, the path forward remains unclear. Will the bill return? Will the Senate ever get on board? And what will the next governor of Florida do with it?

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