Florida 2024 Regular Session

Florida House Bill H1367 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1367 2024
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7	7	CODING: Words stricken are deletions; words underlined are additions.
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10	10	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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14	14	A bill to be entitled 1
15	15	An act relating to asbestos and silica claims; 2
16	16	amending s. 774.205, F.S.; revising the information 3
17	17	required to be included in a sworn information form 4
18	18	for asbestos or silica claims filed after a specified 5
19	19	date; specifying that such a form is inadmissible in 6
20	20	evidence at trial; requiring courts to dismiss certain 7
21	21	claims upon a motion by a defendant; requiring motions 8
22	22	to dismiss to include certain certifica tions; 9
23	23	providing an effective date. 10
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25	25	Be It Enacted by the Legislature of the State of Florida: 12
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27	27	Section 1. Subsection (3) of section 774.205, Florida 14
28	28	Statutes, is amended, and subsection (4) is added to that 15
29	29	section, to read: 16
30	30	774.205 Claimant pro ceedings.— 17
31	31	(3) All asbestos claims and silica claims filed in this 18
32	32	state on or after July 1, 2024, the effective date of this act 19
33	33	must include, in addition to the written report described in 20
34	34	subsection (2) and the information required by s. 774.207(2), a 21
35	35	sworn information form . 22
36	36	(a) The sworn information form must specify the evidence 23
37	37	that provides the basis for each claim against each defendant 24
38	38	and must contain all of containing the following information: 25
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40	40	HB 1367 2024
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47	47	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	51	1.(a) The exposed person's claimant's name, address, date 26
52	52	of birth, and marital status, and smoking history, and the name 27
53	53	and address of each person who is knowledgeable regarding the 28
54	54	exposed person's exposure to asbestos or silica. ; 29
55	55	2.(b) If the exposed person claimant alleges exposure to 30
56	56	asbestos or silica through the testimony of another person or 31
57	57	alleges other than direct or bystander exposure to a product, 32
58	58	the name, address, date of birth, and marital status for each 33
59	59	person by which the exposed person claimant alleges exposure, 34
60	60	hereinafter the "index person," and the exposed person's 35
61	61	claimant's relationship to each such person .; 36
62	62	3.(c) The specific type of product, such as insulation, 37
63	63	asbestos fiber, or an automotive friction product, and specific 38
64	64	location of each alleged exposure for each defendant.; 39
65	65	4.(d) The beginning and ending dates of each alleged 40
66	66	exposure as to each asbestos product or silica product for each 41
67	67	location at which exposure allegedly took place for the exposed 42
68	68	person plaintiff and each index person .; 43
69	69	5.(e) The occupation and name of the employer of the 44
70	70	exposed person and each index person at the time of each alleged 45
71	71	exposure.; 46
72	72	6.(f) The specific condition related to asbestos or silica 47
73	73	claimed to exist.; and 48
74	74	7.(g) Any supporting documentation of the condition 49
75	75	claimed to exist in the possession of the claimant at the time 50
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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84	84	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	88	the sworn information form is filed . 51
89	89	(b) The sworn information form is inadmissible in evidence 52
90	90	at trial and may not be relied upon by a witness, including an 53
91	91	expert witness, at trial. 54
92	92	(4)(a) A court, upon motion by a defendant, shall dismiss 55
93	93	a claimant's asbestos or silica claim without prejudice as to: 56
94	94	1. Any defendant whose product or premises is not 57
95	95	specifically identified in the sworn information form submitted 58
96	96	pursuant to subsection (3); and 59
97	97	2. The moving defendant or all defendants, as applicable, 60
98	98	if the claimant fails to comply with this section. 61
99	99	(b) The motion to dismiss must include a certification 62
100	100	that the movant, in good faith, has conferred or attempted to 63
101	101	confer with the claimant's counsel or the self -represented 64
102	102	claimant, as applicable, to have the challenged claim dismissed 65
103	103	or to have the challenged sworn information form appropriately 66
104	104	corrected without court action . 67
105	105	Section 2. This act shall take effect July 1, 2024. 68