Florida Senate - 2023 SB 1260 By Senator Trumbull 2-00680A-23 20231260__ 1 A bill to be entitled 2 An act relating to asbestos and silica claims; 3 amending s. 774.205, F.S.; requiring a claimant to 4 file a sworn information form containing certain 5 information within a certain time period after filing 6 an asbestos or silica claim; authorizing a court to 7 dismiss certain claims upon a motion by a defendant; 8 amending s. 774.209, F.S.; providing that certain 9 defendants are not liable for certain asbestos or 10 silica exposures; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1.Subsection (3) of section 774.205, Florida 15 Statutes, is amended, and subsections (4) and (5) are added to 16 that section, to read: 17 774.205Claimant proceedings. 18 (3)Within 30 days after filing an asbestos or a silica 19 claim in this state, the claimant must All asbestos claims and 20 silica claims filed in this state on or after the effective date 21 of this act must include, in addition to the written report 22 described in subsection (2) and the information required by s. 23 774.207(2), file a sworn information form specifying the 24 evidence that provides the basis for each claim against each 25 defendant and containing all of the following information: 26 (a)The claimants name, address, date of birth, and 27 marital status, occupation, smoking history, current and past 28 worksites, and current and past employers of the exposed person 29 and any person through whom the exposed person alleges exposure 30 to asbestos or silica.; 31 (b)The name, address, and relationship to the exposed 32 person for each person who is knowledgeable regarding the 33 exposed persons exposures to asbestos or silica. 34 (c)The identity of the manufacturer or seller and specific 35 name of each asbestos-containing product or silica-related 36 product, including, but not limited to, all brand and trade 37 names of the asbestos-containing or silica-related product, to 38 which the exposed person was exposed or the other person was 39 exposed if exposure was through another person. 40 (d)For each product identified under paragraph (c), each 41 site and the specific location at each site, including the 42 address of each site, at which the exposed person was exposed to 43 asbestos or silica or the other person was exposed if exposure 44 was through another person. 45 (e)The beginning and ending dates of each exposure, the 46 specific manner of each exposure, the frequency and length of 47 time of each exposure, and the proximity of the product or its 48 use to the exposed person and each person through whom the 49 exposed person alleges exposure to asbestos or silica. 50 (f)The specific condition related to asbestos or silica 51 claimed to exist. 52 (g)Any supporting documentation relating to the 53 information required under this section. 54 (4)The court, upon motion by a defendant, shall dismiss a 55 plaintiffs asbestos or silica claim without prejudice as to any 56 defendant whose product or premises is not specifically 57 identified in the sworn information form under subsection (3). 58 (5)The court, upon motion by a defendant, shall dismiss a 59 claimants asbestos or silica claim without prejudice as to the 60 moving defendant or as to all defendants, as applicable, if the 61 claimant fails to comply with this section. 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 claimants relationship to each such person; 68 (c)The specific location of each alleged exposure; 69 (d)The beginning and ending dates of each alleged exposure 70 as to each asbestos product or silica product for each location 71 at which exposure allegedly took place for the plaintiff and 72 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 (f)The specific condition related to asbestos or silica 76 claimed to exist; and 77 (g)Any supporting documentation of the condition claimed 78 to exist. 79 Section 2.Present subsections (1) through (5) of section 80 774.209, Florida Statutes, are redesignated as subsections (2) 81 through (6), respectively, and a new subsection (1) is added to 82 that section, to read: 83 774.209Miscellaneous provisions. 84 (1)A product liability defendant in a civil action 85 alleging an asbestos or a silica claim is not liable for an 86 exposure from a later-added product manufactured, distributed, 87 or sold by a third party. 88 Section 3.This act shall take effect July 1, 2023.