A multi-year push to finally repeal what critics have called Florida’s “free kill” law involving negligent doctors appears to have faltered again following emotional pleas and a dramatic vote in the Senate.

And it may have been done to avoid putting Gov. Ron DeSantis in an awkward spot.

By a one-vote margin , the Senate on Wednesday shot down a move by organized medicine and business interests to place a $1 million cap on noneconomic damages in wrongful death cases involving medical malpractice.

After dispatching the amendment to HB 6017 , (which was supported by Senate President Ben Albritton) the Senate agreed to roll the bill to third reading, a procedural move prepping it for final passage.

But sponsor Sen. Clay Yarborough moved to temporarily pass the bill — pausing debate — “so we can continue to work on details related to the bill.”

The move, coming with just days left in session, suggests the legislation may be dead for the year.

The measure, one of several bills caught up in a tense behind-the-scenes fight involving trial attorneys, has drawn 80 lobbyist registrations, House records show.

A top priority for House Speaker Daniel Perez, HB 6017 eliminates a longstanding ban blocking parents of single, childless, adult children from suing for noneconomic damages such as pain and suffering arising from alleged medical malpractice.

Florida also bans adults (defined as 25 and older) from pursuing wrongful death claims for single parents who die from medical malpractice, and the bill would remove that ban, too. The Legislature adopted the ban during the 1990s as the state wrestled with rising malpractice premiums.

There has been a concerted effort in recent years, though, to eliminate the ban. And that push has coincided with recent efforts by organized medicine, business, and insurance lobbyists to reinstate caps on pain and suffering in all medical malpractice lawsuits.

Florida had previously passed caps but the Florida Supreme Court in 2017 ruled them unconstitutional. The makeup of the high court has changed since then, with the majority of the justices now appointed by Gov. Ron DeSantis.

The medical community is eager to put the rejuggled court to the test.

DeSantis has been harshly critical of the trial bar but vetoing the bill would disappoint grieving family members.

Throughout the 2025 session, Yarborough has steadfastly opposed linking damages caps in exchange for eliminating the ban on some medical malpractice cases.

So it was quite the surprise when Yarborough sponsored the caps.

“I think you’re being held hostage in negotiating with terrorists right now, “ Sen. Jason Pizzo said, explaining that the quid pro quo “does not bode well for the policy at large.”

After the Senate narrowly voted down the caps, Pizzo pointed into the chamber gallery to those who had been pushing to change the law limiting medical malpractice lawsuits.

He said that legislators should send DeSantis a “clean” bill and force him to explain to family members backing the bill why he was opposed to it.

One of those supporters is Cindy Jenkins from Jacksonville, who said the amendment to limit noneconomic caps on all medical malpractice cases should have been its own separate bill.

“To smack an amendment on today and kill our good bill that was literally on track to pass and go to the governor’s desk is wrong,” said Jenkins, whose 25-year-old daughter died from alleged malpractice.

“There’s three branches of government for a reason. If they’re concerned that the governor would veto it when it hits his desk, let it get there and let him veto it. We will handle that separately.”

Tallahassee resident Beth Young said her mother died at Tallahassee Memorial Hospital in 2023 after falling into a coma. She blamed the death on negligence and understaffing but she was banned from filing a lawsuit because of the law.

HB 6017 wouldn’t help Young but she said it’s not about her or her family.

“I just want all people to be able to get justice. It’s about accountability, it’s not even about the money.”