Capitol Update: Quick highlights of health care issues discussed as the Florida Legislature moves toward the start of the 2026 Legislative Session.

House Health & Human Services Committee

Chair: Rep Josie Tomkow, R, Auburndale

House Health Care Budget

Chair: Rep Alex Andrade, R, Pensacola

Presentation on Medicaid Managed Care Plan Performance

- Agency for Health Care Administration

Other Health Care Briefings this Week

House Human Services Subcommittee

Implementation briefing on HB 7021 (2024) Mental Health and Substance Abuse (Maney) by representatives of the Department of Children and Families.

House Health Care Facilities & Systems Subcommittee

Implementation briefing by the Agency on Health Care Administration:

- HB 1085 (2025) Children's Medical Services (Oliver)

- HB 1227 (2025) Medicaid Enrollment for Permanently Disabled Individuals (Tramont)

- HB 1529 (2025) Home Health Aides for Medically Fragile Children Program (Tramont)

Health Professions & Programs Subcommittee

Briefing on the Florida Rare Disease Council, Pediatric Rare Disease Grant Program and the Sunshine Genetics Act Pilot Program by the Department of Health.

Health Care Bills Debated

House Education & Employment Committee

HB 121 Nursing Education Programs by Rep Toby Overdorf

• Members asked how state agencies would coordinate to crack down on fraudulent programs, questioned whether uniform admission standards exist, and emphasized the need to protect students from incurring debt without passing the NCLEX. In debate, they largely supported raising standards to ensure quality instruction, strengthen oversight, and address Florida’s nursing shortage.



House Civil Justice & Claims Subcommittee

HB 145 Suits Against the Government by Rep McFarland

• Raises sovereign immunity caps in multiple phases, reaching as high as $600,000 per individual claim and $1.2 million per incident after October 1, 2031.

No member posed questions to the sponsor. In debate, Reps. Dean Black (R) and Michael “Mike” Gottlieb (D) emphasized fairness and modernizing sovereign immunity caps.

House Industries & Professional Activities Subcommittee

HB 197 Employment Eligibility by Rep Jacques

• Require all private employers to use the E-Verify system beginning July 1, 2026.

Members asked about E-Verify’s accuracy, the financial and procedural impact on small businesses, and how enforcement would be handled; supporters emphasized that E-Verify is free and efficient, while critics raised concerns about database errors, burdens on employers, and the need for comprehensive immigration reform.

Senate Judiciary

SB 164 Civil Liability for the Wrongful Death of an Unborn Child by Senator Grall

• Include unborn children under wrongful death claims while prohibiting actions against mothers and medical providers providing lawful care.

Members questioned whether the measure encourages wrongful death suits against medical providers, businesses, or even supportive friends, focusing on concerns about lawsuits from rapists or abusive partners and the speculative nature of possible damages. Advocates argued the bill codifies consistent legal remedies for unborn children and stressed that lawful medical care and the mother remain exempt from liability.

Bill Expands PA, APRN Autonomy

Legislation filed Tuesday by Panama City Republican Sen. Jay Trumbull would give physician assistants, or PAs, and advanced practice registered nurses, or APRNs, more authority to prescribe medication and treat patients, especially during emergencies. The measure (SB 374), which has an effective date of July 1, 2026, seeks to remove red tape by eliminating the requirement that supervising doctors notify the state when they delegate prescribing authority to a PA, and it would no longer require a physician's name to appear on PA-issued prescriptions. One major proposed change would allow fully licensed PAs and APRNs to practice independently in counties covered by a declared state of emergency, without physician supervision. The exemption would not apply to out-of-state telehealth providers or clinicians with temporary emergency licenses. No House companion is currently filed.

Medicaid for Pregnant Women

in the Senate on Tuesday, a measure (SB 368) was filed by Jacksonville Democrat Sen. Tracie Davis, which would expand and streamline access to Medicaid for pregnant women by allowing a wider range of health and community organizations — including hospitals, federally qualified health centers, birth centers, WIC clinics, Healthy Start coalitions, and even local housing authorities — to determine temporary, or "presumptive," Medicaid eligibility for pregnant women, as long as they meet state training and certification standards. Under the measure, pregnant women deemed eligible would immediately receive Medicaid coverage for all medically necessary services, not just routine obstetric care, while their full application is being processed. The legislation would also direct the state to seek federal approval to extend presumptive eligibility to up to 180 days. 

Bill Seeks More Pot, Tobacco Smoking Restrictions

Marijuana would be added to places where smoking tobacco is banned, under a House bill Thursday that would also expand where smoking is prohibited. The proposal, sponsored by Pensacola Republican Alex Andrade, adds marijuana to a series of outdoor public places where smoking tobacco is already banned, including many locations that smokers may use for breaks at work. Under the measure (HB 389), “public places” would include streets, sidewalks, highways, public parks, public beaches, and “the common areas, both inside and outside,” of schools, hospitals, government buildings, apartment buildings, office buildings, hotels, restaurants and retail shops. Marijuana smoking or vaping also would also be prohibited at airport in-transit lounges. As with the state’s current restrictions on tobacco, the proposal excludes unfiltered cigars from the list of prohibited smoking products. Florida voters approved a ban on smoking in all enclosed indoor workplaces in 2002. In 2022, state lawmakers passed a measure that allows cities and counties to restrict smoking at beaches and parks that they own. Voters approved a constitutional amendment authorizing medical marijuana in 2016. A 2024 effort to allow recreational marijuana failed to receive 60 percent approval required to pass.

Lawmakers Target Vaccine Advertising

Legislation filed Wednesday ahead of the 2026 regular session would make vaccine manufacturers liable for any injuries caused by vaccines they advertise in Florida. Vero Beach Republican Sen. Erin Grall and Palm Bay Republican Rep. Monique Miller filed the identical bills (SB 408, HB 339) in their respective chambers. The measures would amend state law on drug, device, and cosmetic advertising and labeling to create a new cause of action for individuals harmed by an "advertised vaccine." The proposals define "advertise" broadly as "a media communication, including, but not limited to, television, radio, print, the Internet, digital or electronic media, product placement, promotion by an influencer in exchange for compensation, or any other manner of paid promotion." The bills specify that the term does not cover discussions between a health care provider and a patient," written materials that a health care provider provides to a patient, or materials displayed in or made available by a health care facility. Under the legislation, "a manufacturer is liable to an individual if the manufacturer advertises a vaccine in this state and the advertised vaccine causes harm or injury." It would allow affected individuals to file a lawsuit within three years, directing courts to award the prevailing party damages, court costs, and attorney fees. The bills come as Gov. Ron DeSantis, Surgeon General Joseph Ladapo, and U.S. Department of Health Human Services Secretary Robert F. Kennedy Jr. have been critical of the COVID vaccine and immunizations in general. In 2022, the Florida Department of Health recommended healthy children avoid mRNA COVID vaccines and later advised against them for all Floridians — the first state in the nation to do so. Most recently, Ladapo pledged to end all vaccine mandates statewide. If approved, the proposed law would take effect July 1, 2026. 

A high-profile and contentious bill that critics say could pave the way for "fetal personhood" cleared the Senate Judiciary Committee, its first of three committee stops, by a narrow 5-4 vote on Tuesday. The legislation (SB 164), filed for a third straight year by Vero Beach Republican Sen. Erin Grall, would allow parents to sue for damages in cases involving the wrongful death of an unborn child. The proposal defines an "unborn child" as "a member of the species Homo sapiens, at any stage of development, who is carried in the womb." Grall argued the policy aligns civil law with existing criminal law and Florida's current six-week abortion ban, saying inconsistent case law has created confusion. "Why should there be a different standard of care in the medical profession when they are caring for a child inside a woman's body? It doesn't make sense to me," Grall told committee members. Opponents, including Democrats, abortion-rights groups and medical malpractice insurers, warn the measure could invite frivolous lawsuits, deter providers from treating high-risk pregnancies, impact in vitro fertilization (IVF) services, and amount to a back-door attempt to establish fetal personhood – a term referring to the belief that a fetus should be recognized as a legal and moral person with rights, often including the right to life or the right to be born, from the moment of conception. This year's language, however, includes a carve-out for IVF. Still, Boca Raton Democrat Sen. Tina Polsky questioned whether the bill could expose people who help women obtain abortions or emergency contraception to litigation, referring to a similar case in Texas that was dropped in 2024. "This legislation, if it were to pass, opens up the door for a lot of this, and then it's going to have to be decided by case law," said Polsky. Grall previously led the push for Florida's six-week abortion ban, which took effect after the state Supreme Court upheld a prior 15-week limit. Rep. Sam Greco, R-St. Augustine, filed a similar House companion (HB 289) late last week. 

HB 145 would increase the cap on awards against government entities from $200,000 to $500,000 per person and from $300,000 to $1 million per incident beginning in 2026, with an automatic increase after five years to $600,000 and $1.2 million, respectively.

DeSantis Sets Special in North-Central Fla House District: Gov. Ron DeSantis on Wednesday issued an executive order calling for a special election in House District 52 to fill the seat vacated by Rep. John Temple. R-Wildwood, who resigned from the Legislature in September to take a job as president of Lake-Sumter State College. The special primary election is set for Jan. 13, 2026, with a special general election on March 24, 2026, The executive order mistakenly cites the seat as being open because of former Sen. Jay Collins becoming lieutenant governor.