Florida Senate - 2024 CS for SB 720 By the Committee on Judiciary; and Senator Hutson 590-02909-24 2024720c1 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, and may not be relied upon by a witness, at 8 trial; requiring courts to dismiss certain claims upon 9 a motion by a defendant; requiring motions to dismiss 10 to include certain certifications; providing an 11 effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1.Subsection (3) of section 774.205, Florida 16 Statutes, is amended, and subsection (4) is added to that 17 section, to read: 18 774.205Claimant proceedings. 19 (3)All asbestos claims and silica claims filed in this 20 state on or after July 1, 2024, the effective date of this act 21 must include, in addition to the written report described in 22 subsection (2) and the information required by s. 774.207(2), a 23 sworn information form. 24 (a)The sworn information form must specify the evidence 25 that provides the basis for each claim against each defendant 26 and must contain all of containing the following information: 27 1.(a)The exposed persons claimants name, address, date 28 of birth, and marital status, and smoking history, and the name 29 and address of each person who is knowledgeable regarding the 30 exposed persons exposure to asbestos or silica.; 31 2.(b)If the exposed person claimant alleges exposure to 32 asbestos or silica through the testimony of another person or 33 alleges other than direct or bystander exposure to a product, 34 the name, address, date of birth, and marital status for each 35 person by which the exposed person claimant alleges exposure, 36 hereinafter the index person, and the exposed persons 37 claimants relationship to each such person.; 38 3.(c)The specific location of each alleged exposure for 39 each defendant.; 40 4.(d)The beginning and ending dates of each alleged 41 exposure as to each asbestos product or silica product for each 42 location at which exposure allegedly took place for the exposed 43 person plaintiff and each index person.; 44 5.(e)The occupation and name of the employer of the 45 exposed person and each index person at the time of each alleged 46 exposure.; 47 6.(f)The specific condition related to asbestos or silica 48 claimed to exist.; and 49 7.(g)Any supporting documentation of the condition claimed 50 to exist. 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 a 55 claimants 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 that 62 the movant, in good faith, has conferred or attempted to confer 63 with the claimants counsel or the self-represented claimant, as 64 applicable, to have the challenged claim dismissed or to have 65 the challenged sworn information form appropriately corrected 66 without court action. 67 Section 2.This act shall take effect July 1, 2024.