Florida Senate - 2024 SB 720 By Senator Hutson 7-01355-24 2024720__ 1 A bill to be entitled 2 An act relating to asbestos and silica claims; 3 amending s. 774.205, F.S.; revising the information 4 required to be included in a sworn information form 5 for asbestos or silica claims filed after a specified 6 date; specifying that such a form is inadmissible in 7 evidence at trial; requiring courts to dismiss certain 8 claims upon a motion by a defendant; requiring motions 9 to dismiss to include certain certifications; 10 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 subsection (4) is added to that 16 section, to read: 17 774.205Claimant proceedings. 18 (3)All asbestos claims and silica claims filed in this 19 state on or after July 1, 2024, the effective date of this act 20 must include, in addition to the written report described in 21 subsection (2) and the information required by s. 774.207(2), a 22 sworn information form. 23 (a)The sworn information form must specify the evidence 24 that provides the basis for each claim against each defendant 25 and must contain all of containing the following information: 26 1.(a)The exposed persons claimants name, address, date 27 of birth, and marital status, and smoking history, and the name 28 and address of each person who is knowledgeable regarding the 29 exposed persons exposure to asbestos or silica.; 30 2.(b)If the exposed person claimant alleges exposure to 31 asbestos or silica through the testimony of another person or 32 alleges other than direct or bystander exposure to a product, 33 the name, address, date of birth, and marital status for each 34 person by which the exposed person claimant alleges exposure, 35 hereinafter the index person, and the exposed persons 36 claimants relationship to each such person.; 37 3.(c)The specific product and specific location of each 38 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 claimed 49 to exist. 50 (b)The sworn information form is inadmissible in evidence 51 at trial. 52 (4)(a)A court, upon motion by a defendant, shall dismiss a 53 claimants asbestos or silica claim without prejudice as to: 54 1.Any defendant whose product or premises is not 55 specifically identified in the sworn information form submitted 56 pursuant to subsection (3); and 57 2.The moving defendant or all defendants, as applicable, 58 if the claimant fails to comply with this section. 59 (b)The motion to dismiss must include a certification that 60 the movant, in good faith, has conferred or attempted to confer 61 with the claimants counsel or the self-represented claimant, as 62 applicable, to have the challenged claim dismissed or to have 63 the challenged sworn information form appropriately corrected 64 without court action. 65 Section 2.This act shall take effect July 1, 2024.