Repeal Florida Free Kill Law
Repeal Florida Free Kill Law
The Issue
We, the undersigned residents and concerned citizens, respectfully urge you to repeal Florida’s wrongful death statute provisions—specifically those tied to Florida’s medical malpractice laws—that are commonly referred to as the “Free Kill” law.
Under current Florida law, including Florida Statutes § 768.21(8) within the Wrongful Death Act and provisions governing medical negligence under Chapter 766, certain surviving family members—particularly adult children of unmarried parents and parents of adult children—are barred from recovering non-economic damages (such as pain and suffering) in medical malpractice wrongful death cases.
This creates a deeply unjust situation in which the value of a person’s life is determined not by the harm done, but by their age, marital status, or whether they have minor children.
This law denies many families the ability to seek full accountability when a loved one dies due to medical negligence. It removes a critical deterrent against preventable errors and undermines public trust in the healthcare and legal systems. No family should be told that their grief, loss, and suffering are not worthy of recognition under the law.
We believe:
••Every life has equal value under the law.
••Families deserve the right to pursue justice, regardless of age or family structure.
••Accountability in healthcare—guided by fair and consistent application of Florida’s medical malpractice laws (Chapter 766, Florida Statutes)—improves safety and protects all Floridians.
We respectfully call on the Florida Legislature to:
- Repeal or amend Florida Statutes § 768.21(8) and related provisions that limit wrongful death recovery in medical negligence cases based on survivor classification.
- Ensure equal access to justice for all families who lose a loved one due to negligence under Florida’s medical malpractice framework.
- Restore fairness, accountability, and dignity to Florida’s civil justice system.
By signing this petition, we stand for fairness, equality, and the fundamental principle that every life matters.

161
The Issue
We, the undersigned residents and concerned citizens, respectfully urge you to repeal Florida’s wrongful death statute provisions—specifically those tied to Florida’s medical malpractice laws—that are commonly referred to as the “Free Kill” law.
Under current Florida law, including Florida Statutes § 768.21(8) within the Wrongful Death Act and provisions governing medical negligence under Chapter 766, certain surviving family members—particularly adult children of unmarried parents and parents of adult children—are barred from recovering non-economic damages (such as pain and suffering) in medical malpractice wrongful death cases.
This creates a deeply unjust situation in which the value of a person’s life is determined not by the harm done, but by their age, marital status, or whether they have minor children.
This law denies many families the ability to seek full accountability when a loved one dies due to medical negligence. It removes a critical deterrent against preventable errors and undermines public trust in the healthcare and legal systems. No family should be told that their grief, loss, and suffering are not worthy of recognition under the law.
We believe:
••Every life has equal value under the law.
••Families deserve the right to pursue justice, regardless of age or family structure.
••Accountability in healthcare—guided by fair and consistent application of Florida’s medical malpractice laws (Chapter 766, Florida Statutes)—improves safety and protects all Floridians.
We respectfully call on the Florida Legislature to:
- Repeal or amend Florida Statutes § 768.21(8) and related provisions that limit wrongful death recovery in medical negligence cases based on survivor classification.
- Ensure equal access to justice for all families who lose a loved one due to negligence under Florida’s medical malpractice framework.
- Restore fairness, accountability, and dignity to Florida’s civil justice system.
By signing this petition, we stand for fairness, equality, and the fundamental principle that every life matters.

161
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Petition created on May 6, 2026