HB 755 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to asbestos and silica claims; 2
amending s. 774.205, F.S.; requiring a claimant to 3
file a sworn information form containing certain 4
information within a certain time period after filing 5
an asbestos or silica claim; authorizing a court to 6
dismiss certain claims upon a motion by a defendant; 7
amending s. 774.209, F.S.; providing that certain 8
defendants are not liable for certain asbestos or 9
silica exposures; providing an effective date. 10
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Be It Enacted by the Legislature of the State of Florida: 12
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Section 1. Subsection (3) of section 774.205, Florida 14
Statutes, is amended and paragraphs (4) and (5) are added to 15
that section to read: 16
774.205 Claimant proceedings.— 17
(3) Within 30 days after filing an asbestos or a silica 18
claim in this state, the claimant must All asbestos claims and 19
silica claims filed in this state on or after the effective date 20
of this act must include , in addition to the writt en report 21
described in subsection (2) and the information required by s. 22
774.207(2), file a sworn information form specifying the 23
evidence that provides the basis for each claim against each 24
defendant and containing all of the following information: 25
HB 755 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(a) The claimant's name, address, date of birth, and 26
marital status, occupation, smoking history, current and past 27
worksites, and current and past employers of the exposed person 28
and any person through whom the exposed person alleges exposure 29
to asbestos or silica.; 30
(b) The name, address, and relationship to the exposed 31
person for each person who is knowledgeable regarding the 32
exposed person's exposures to asbestos or silica. 33
(c) The identity of the manufacturer or seller and 34
specific name of each asbestos -containing product or silica -35
related product, including, but not limited to, all brand and 36
trade names of the asbestos -containing or silica -related 37
product, to which the exposed person was exposed or the other 38
person was exposed if exposure was through ano ther person. 39
(d) For each product identified under paragraph (c), each 40
site and the specific location at each site, including the 41
address of each site, at which the exposed person was exposed to 42
asbestos or silica or the other person was exposed if expos ure 43
was through another person. 44
(e) The beginning and ending dates of each exposure, the 45
specific manner of each exposure, the frequency and length of 46
time of each exposure, and the proximity of the product or its 47
use to the exposed person and each perso n through whom the 48
exposed person alleges exposure to asbestos or silica. 49
(f) The specific condition related to asbestos or silica 50
HB 755 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
claimed to exist. 51
(g) Any supporting documentation relating to the 52
information required under this section. 53
(4) The court, upon motion by a defendant, shall dismiss a 54
plaintiff's asbestos or silica claim without prejudice as to any 55
defendant whose product or premises is not specifically 56
identified in the sworn information form under subsection (3). 57
(5) The court, upon mo tion by a defendant, shall dismiss a 58
claimant's asbestos or silica claim without prejudice as to the 59
moving defendant or as to all defendants, as applicable, if the 60
claimant fails to comply with this section. 61
(b) If the claimant alleges exposure to asbestos or silica 62
through the testimony of another person or alleges other than 63
direct or bystander exposure to a product, the name, address, 64
date of birth, and marital status for each person by which the 65
claimant alleges exposure, hereinafter the "index person," and 66
the claimant's relationship to each such person; 67
(c) The specific location of each alleged exposure; 68
(d) The beginning and ending dates of each alleged 69
exposure as to each asbestos product or silica product for each 70
location at which expos ure allegedly took place for the 71
plaintiff and each index person; 72
(e) The occupation and name of the employer of the exposed 73
person at the time of each alleged exposure; 74
(f) The specific condition related to asbestos or silica 75
HB 755 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
claimed to exist; and 76
(g) Any supporting documentation of the condition claimed 77
to exist. 78
Section 2. Subsections (1) through (5) of section 774.209, 79
Florida Statutes, are renumbered as subsections (2) through (6), 80
respectively, and a new subsection (1) is added to that secti on, 81
to read: 82
774.209 Miscellaneous provisions. — 83
(1) A product liability defendant in a civil action 84
alleging an asbestos or a silica claim is not liable for an 85
exposure from a later -added product manufactured, distributed, 86
or sold by a third party. 87
Section 3. This act shall take effect July 1, 2023. 88