FL
Florida House Bill H0755

Florida 2023 Regular Session

Florida House Bill H0755 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to asbestos and silica claims; 2
1616 amending s. 774.205, F.S.; requiring a claimant to 3
1717 file a sworn information form containing certain 4
1818 information within a certain time period after filing 5
1919 an asbestos or silica claim; authorizing a court to 6
2020 dismiss certain claims upon a motion by a defendant; 7
21-providing that the sworn information form is 8
22-inadmissible at trial; providing an effective date. 9
23- 10
24-Be It Enacted by the Legislature of the State of Florida: 11
25- 12
26- Section 1. Subsection (3) of section 774.205, Florida 13
27-Statutes, is amended, and subsections (4), (5), and (6) are 14
28-added to that section, to read: 15
29- 774.205 Claimant proceedings. — 16
30- (3) Within 30 days after filing an asbestos or a silica 17
31-claim in this state, the claimant must All asbestos claims and 18
32-silica claims filed in this state on or after the effective date 19
33-of this act must include , in addition to the written report 20
34-described in subsection (2) and the information required by s. 21
35-774.207(2), file a sworn information form specifying the 22
36-evidence that provides the basis for each claim against each 23
37-defendant and containing all of the following information: 24
38- (a) The claimant's name, address, date of bir th, and 25
21+amending s. 774.209, F.S.; providing that certain 8
22+defendants are not liable for certain asbestos or 9
23+silica exposures; providing an effective date. 10
24+ 11
25+Be It Enacted by the Legislature of the State of Florida: 12
26+ 13
27+ Section 1. Subsection (3) of section 774.205, Florida 14
28+Statutes, is amended and paragraphs (4) and (5) are added to 15
29+that section to read: 16
30+ 774.205 Claimant proceedings.— 17
31+ (3) Within 30 days after filing an asbestos or a silica 18
32+claim in this state, the claimant must All asbestos claims and 19
33+silica claims filed in this state on or after the effective date 20
34+of this act must include , in addition to the writt en report 21
35+described in subsection (2) and the information required by s. 22
36+774.207(2), file a sworn information form specifying the 23
37+evidence that provides the basis for each claim against each 24
38+defendant and containing all of the following information: 25
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4747 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
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51-marital status, occupation, smoking history, current and past 26
52-worksites, and current and past employers of the exposed person 27
53-and any person through whom the exposed person alleges exposure 28
54-to asbestos or silica. ; 29
55- (b) The name, address, and relat ionship to the exposed 30
56-person for each person who is knowledgeable regarding the 31
57-exposed person's exposures to asbestos or silica. 32
58- (c) The identity of the manufacturer or seller and 33
59-specific name of each asbestos -containing product or silica -34
60-related product, including, but not limited to, all brand and 35
61-trade names of the asbestos -containing or silica -related 36
62-product, to which the exposed person was exposed or the other 37
63-person was exposed if exposure was through another person. 38
64- (d) For each product ident ified under paragraph (c), each 39
65-site and the specific location at each site, including the 40
66-address of each site, at which the exposed person was exposed to 41
67-asbestos or silica or the other person was exposed if exposure 42
68-was through another person. 43
69- (e) The beginning and ending dates of each exposure, the 44
70-specific manner of each exposure, the frequency and length of 45
71-time of each exposure, and the proximity of the product or its 46
72-use to the exposed person and each person through whom the 47
73-exposed person alleges exposure to asbestos or silica. 48
74- (f) The specific condition related to asbestos or silica 49
75-claimed to exist. 50
51+ (a) The claimant's name, address, date of birth, and 26
52+marital status, occupation, smoking history, current and past 27
53+worksites, and current and past employers of the exposed person 28
54+and any person through whom the exposed person alleges exposure 29
55+to asbestos or silica.; 30
56+ (b) The name, address, and relationship to the exposed 31
57+person for each person who is knowledgeable regarding the 32
58+exposed person's exposures to asbestos or silica. 33
59+ (c) The identity of the manufacturer or seller and 34
60+specific name of each asbestos -containing product or silica -35
61+related product, including, but not limited to, all brand and 36
62+trade names of the asbestos -containing or silica -related 37
63+product, to which the exposed person was exposed or the other 38
64+person was exposed if exposure was through ano ther person. 39
65+ (d) For each product identified under paragraph (c), each 40
66+site and the specific location at each site, including the 41
67+address of each site, at which the exposed person was exposed to 42
68+asbestos or silica or the other person was exposed if expos ure 43
69+was through another person. 44
70+ (e) The beginning and ending dates of each exposure, the 45
71+specific manner of each exposure, the frequency and length of 46
72+time of each exposure, and the proximity of the product or its 47
73+use to the exposed person and each perso n through whom the 48
74+exposed person alleges exposure to asbestos or silica. 49
75+ (f) The specific condition related to asbestos or silica 50
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8484 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
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88- (g) Any supporting documentation relating to the 51
89-information required under this section. 52
90- (4) The court, upon motion by a defendant, shall dis miss a 53
91-plaintiff's asbestos or silica claim without prejudice as to any 54
92-defendant whose product or premises is not specifically 55
93-identified in the sworn information form under subsection (3). 56
94- (5) The court, upon motion by a defendant, shall dismiss a 57
95-claimant's asbestos or silica claim without prejudice as to the 58
96-moving defendant or as to all defendants, as applicable, if the 59
97-claimant fails to comply with this section. 60
98- (6) The sworn information form required under subsection 61
99-(3) is inadmissible at trial. 62
100- (b) If the claimant alleges exposure to asbestos or silica 63
101-through the testimony of another person or alleges other than 64
102-direct or bystander exposure to a product, the name, address, 65
103-date of birth, and marital status for each person by which the 66
104-claimant alleges exposure, hereinafter the "index person," and 67
105-the claimant's relationship to each such person; 68
106- (c) The specific location of each alleged exposure; 69
107- (d) The beginning and ending dates of each alleged 70
108-exposure as to each asbestos product or silica product for each 71
109-location at which exposure allegedly took place for the 72
110-plaintiff and each index person; 73
111- (e) The occupation and name of the employer of the exposed 74
112-person at the time of each alleged exposure; 75
88+claimed to exist. 51
89+ (g) Any supporting documentation relating to the 52
90+information required under this section. 53
91+ (4) The court, upon motion by a defendant, shall dismiss a 54
92+plaintiff's asbestos or silica claim without prejudice as to any 55
93+defendant whose product or premises is not specifically 56
94+identified in the sworn information form under subsection (3). 57
95+ (5) The court, upon mo tion by a defendant, shall dismiss a 58
96+claimant's asbestos or silica claim without prejudice as to the 59
97+moving defendant or as to all defendants, as applicable, if the 60
98+claimant fails to comply with this section. 61
99+ (b) If the claimant alleges exposure to asbestos or silica 62
100+through the testimony of another person or alleges other than 63
101+direct or bystander exposure to a product, the name, address, 64
102+date of birth, and marital status for each person by which the 65
103+claimant alleges exposure, hereinafter the "index person," and 66
104+the claimant's relationship to each such person; 67
105+ (c) The specific location of each alleged exposure; 68
106+ (d) The beginning and ending dates of each alleged 69
107+exposure as to each asbestos product or silica product for each 70
108+location at which expos ure allegedly took place for the 71
109+plaintiff and each index person; 72
110+ (e) The occupation and name of the employer of the exposed 73
111+person at the time of each alleged exposure; 74
112+ (f) The specific condition related to asbestos or silica 75
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121121 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
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125- (f) The specific condition relat ed to asbestos or silica 76
126-claimed to exist; and 77
127- (g) Any supporting documentation of the condition claimed 78
128-to exist. 79
129- Section 2. This act shall take effect July 1, 2023. 80
125+claimed to exist; and 76
126+ (g) Any supporting documentation of the condition claimed 77
127+to exist. 78
128+ Section 2. Subsections (1) through (5) of section 774.209, 79
129+Florida Statutes, are renumbered as subsections (2) through (6), 80
130+respectively, and a new subsection (1) is added to that secti on, 81
131+to read: 82
132+ 774.209 Miscellaneous provisions. — 83
133+ (1) A product liability defendant in a civil action 84
134+alleging an asbestos or a silica claim is not liable for an 85
135+exposure from a later -added product manufactured, distributed, 86
136+or sold by a third party. 87
137+ Section 3. This act shall take effect July 1, 2023. 88