HB 1367 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1367-00
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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.; revising the information 3
required to be included in a sworn information form 4
for asbestos or silica claims filed after a specified 5
date; specifying that such a form is inadmissible in 6
evidence at trial; requiring courts to dismiss certain 7
claims upon a motion by a defendant; requiring motions 8
to dismiss to include certain certifica tions; 9
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 subsection (4) is added to that 15
section, to read: 16
774.205 Claimant pro ceedings.— 17
(3) All asbestos claims and silica claims filed in this 18
state on or after July 1, 2024, the effective date of this act 19
must include, in addition to the written report described in 20
subsection (2) and the information required by s. 774.207(2), a 21
sworn information form . 22
(a) The sworn information form must specify the evidence 23
that provides the basis for each claim against each defendant 24
and must contain all of containing the following information: 25
HB 1367 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1367-00
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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
1.(a) The exposed person's claimant's name, address, date 26
of birth, and marital status, and smoking history, and the name 27
and address of each person who is knowledgeable regarding the 28
exposed person's exposure to asbestos or silica. ; 29
2.(b) If the exposed person claimant alleges exposure to 30
asbestos or silica through the testimony of another person or 31
alleges other than direct or bystander exposure to a product, 32
the name, address, date of birth, and marital status for each 33
person by which the exposed person claimant alleges exposure, 34
hereinafter the "index person," and the exposed person's 35
claimant's relationship to each such person .; 36
3.(c) The specific type of product, such as insulation, 37
asbestos fiber, or an automotive friction product, and specific 38
location of each alleged exposure for each defendant.; 39
4.(d) The beginning and ending dates of each alleged 40
exposure as to each asbestos product or silica product for each 41
location at which exposure allegedly took place for the exposed 42
person plaintiff and each index person .; 43
5.(e) The occupation and name of the employer of the 44
exposed person and each index person at the time of each alleged 45
exposure.; 46
6.(f) The specific condition related to asbestos or silica 47
claimed to exist.; and 48
7.(g) Any supporting documentation of the condition 49
claimed to exist in the possession of the claimant at the time 50
HB 1367 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1367-00
Page 3 of 3
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
the sworn information form is filed . 51
(b) The sworn information form is inadmissible in evidence 52
at trial and may not be relied upon by a witness, including an 53
expert witness, at trial. 54
(4)(a) A court, upon motion by a defendant, shall dismiss 55
a claimant's asbestos or silica claim without prejudice as to: 56
1. Any defendant whose product or premises is not 57
specifically identified in the sworn information form submitted 58
pursuant to subsection (3); and 59
2. The moving defendant or all defendants, as applicable, 60
if the claimant fails to comply with this section. 61
(b) The motion to dismiss must include a certification 62
that the movant, in good faith, has conferred or attempted to 63
confer with the claimant's counsel or the self -represented 64
claimant, as applicable, to have the challenged claim dismissed 65
or to have the challenged sworn information form appropriately 66
corrected without court action . 67
Section 2. This act shall take effect July 1, 2024. 68