Committee advances repeal of exception preventing some survivors from seeking non-economic wrongful-death damages

The Senate Judiciary Committee on Wednesday voted 9-2 to report favorably on Senate Bill 734, sponsored by Senator Clay Yarborough, which would repeal the provision in Florida Statute 768.21(8) that bars certain parents and adult children from recovering non-economic damages in wrongful-death actions arising from medical negligence.

Senator Yarborough told the committee the 1990 exceptions that created the medical-malpractice carve-out are "unjust and prevent accountability," and he said the bill is about ensuring that no individual or institution is above accountability.

The committee hearing featured lengthy and emotional public testimony from dozens of family members and other advocates who described deaths they attribute to medical negligence and urged repeal. Speakers included parents and relatives who said they could not obtain civil recourse under the current statute after state or federal investigations or internal reviews found deficiencies. Examples in the record included:

- Sarah Franqui, who said she lost her adult daughter and urged the panel to "please say yes to this because it could be one day that it could be your mother, your sister, your brother, your child." (testimony at 00:849.645–00:1147.48)

- Sabrina Davis, who said her 62-year-old father, a Navy veteran, died of a blood clot and that a Department of Health finding of substandard care left the family with "no way to seek justice for my son." (00:1164.725–00:1292.86)

- A mother identified as Jojo's mother described losing a nonverbal adult with Down syndrome and autism after the patient was denied services; she said a federal investigation confirmed EMTALA violations but Florida law left her "no way to seek justice for my son." (00:1315.27–00:1374.48)

Proponents argued repeal would restore equal protection and accountability; many described the statute as discriminatory toward unmarried adults, the elderly and adults with disabilities. Several advocacy groups and AARP indicated support in written forms.

Opponents included medical and hospital industry representatives, insurers and business groups who warned that repeal as written would increase malpractice litigation, raise medical-malpractice insurance premiums and could worsen an existing physician shortage. Testimony from claims managers and insurers highlighted that Florida already has among the nation's highest malpractice premiums and warned of possible service reductions, especially in high-risk specialties and rural areas. For example, witnesses said an obstetrician in Miami-Dade faces annual premiums in excess of $220,000 (monthly premium figure cited in testimony).

Committee debate included calls both for accountability and for a balanced approach. Senator Pasadomoe said penalties and license actions should be part of any accountability scheme; Senator Hooper, while sympathetic to victims, emphasized the need to craft a workable bill and pledged to support the measure at this stage and work toward improvements.

After closing arguments, Lisa called the roll. Recorded votes were: Senators Berman (Yes), DeSigley (Yes), Gates (Yes), Hooper (Yes), Leake (No), Osgood (Yes), Passadomoe (No), Polsky (Yes), Trumbull (Yes), Yarborough (Yes), and Chair Burton (Yes). The chair announced a 9 yeas, 2 nays vote and reported SB 734 favorably from committee.

The transcript does not include an enacted text of the bill or any fiscal analysis; sponsors said they remain open to changes to secure broader support in both chambers.