CS/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
providing that the sworn information form is 8
inadmissible at trial; providing an effective date. 9
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Be It Enacted by the Legislature of the State of Florida: 11
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Section 1. Subsection (3) of section 774.205, Florida 13
Statutes, is amended, and subsections (4), (5), and (6) are 14
added to that section, to read: 15
774.205 Claimant proceedings. — 16
(3) Within 30 days after filing an asbestos or a silica 17
claim in this state, the claimant must All asbestos claims and 18
silica claims filed in this state on or after the effective date 19
of this act must include , in addition to the written report 20
described in subsection (2) and the information required by s. 21
774.207(2), file a sworn information form specifying the 22
evidence that provides the basis for each claim against each 23
defendant and containing all of the following information: 24
(a) The claimant's name, address, date of bir th, and 25
CS/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
marital status, occupation, smoking history, current and past 26
worksites, and current and past employers of the exposed person 27
and any person through whom the exposed person alleges exposure 28
to asbestos or silica. ; 29
(b) The name, address, and relat ionship to the exposed 30
person for each person who is knowledgeable regarding the 31
exposed person's exposures to asbestos or silica. 32
(c) The identity of the manufacturer or seller and 33
specific name of each asbestos -containing product or silica -34
related product, including, but not limited to, all brand and 35
trade names of the asbestos -containing or silica -related 36
product, to which the exposed person was exposed or the other 37
person was exposed if exposure was through another person. 38
(d) For each product ident ified under paragraph (c), each 39
site and the specific location at each site, including the 40
address of each site, at which the exposed person was exposed to 41
asbestos or silica or the other person was exposed if exposure 42
was through another person. 43
(e) The beginning and ending dates of each exposure, the 44
specific manner of each exposure, the frequency and length of 45
time of each exposure, and the proximity of the product or its 46
use to the exposed person and each person through whom the 47
exposed person alleges exposure to asbestos or silica. 48
(f) The specific condition related to asbestos or silica 49
claimed to exist. 50
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(g) Any supporting documentation relating to the 51
information required under this section. 52
(4) The court, upon motion by a defendant, shall dis miss a 53
plaintiff's asbestos or silica claim without prejudice as to any 54
defendant whose product or premises is not specifically 55
identified in the sworn information form under subsection (3). 56
(5) The court, upon motion by a defendant, shall dismiss a 57
claimant's asbestos or silica claim without prejudice as to the 58
moving defendant or as to all defendants, as applicable, if the 59
claimant fails to comply with this section. 60
(6) The sworn information form required under subsection 61
(3) is inadmissible at trial. 62
(b) If the claimant alleges exposure to asbestos or silica 63
through the testimony of another person or alleges other than 64
direct or bystander exposure to a product, the name, address, 65
date of birth, and marital status for each person by which the 66
claimant alleges exposure, hereinafter the "index person," and 67
the claimant's relationship to each such person; 68
(c) The specific location of each alleged exposure; 69
(d) The beginning and ending dates of each alleged 70
exposure as to each asbestos product or silica product for each 71
location at which exposure allegedly took place for the 72
plaintiff and each index person; 73
(e) The occupation and name of the employer of the exposed 74
person at the time of each alleged exposure; 75
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(f) The specific condition relat ed to asbestos or silica 76
claimed to exist; and 77
(g) Any supporting documentation of the condition claimed 78
to exist. 79
Section 2. This act shall take effect July 1, 2023. 80