Senate bill forcing asbestos, silica claimants to divulge smoking history clears final committee
A.G. Gancarski – February 21, 2024
Similar legislation is on the House calendar.
A Senate panel is advancing legislation that would put new restrictions on those seeking redress from defendants via 2005’s Asbestos and Silica Compensation Fairness Act
Sen. Travis Hutson’s measure (SB 720) compels claimants to provide more information about their smoking history, along with info about people who can attest to the claimant’s exposure. If a second party is testifying to the claimant’s exposure, that person must also provide their name, address, date of birth and marital status.
“The bill adds additional facts related to exposure,” Hutson said. “And it allows a Judge to dismiss the case without prejudice if the information is insufficient to show the defendant should be a party to the case.”
Failure to offer specific documentation of these issues and other particulars of the alleged exposure would result in the dismissal of court actions after July 1, 2024, in the legislation advanced by the Senate Rules Committee.
The Florida Justice Reform Institute the U.S. Chamber of Commerce, and the Florida Insurance Council all support the legislation.
The Florida Justice Association is opposed, meanwhile, with a representative saying the “unique claims” regarding mesothelioma diagnoses give people roughly a year or two to take action before they pass away, and delays are “very detrimental” to alleged victims seeking justice. They also noted that claimants who work in multiple locations must list them all in the current bill, leaving an opening for dismissal if they fail to do so.
Companion legislation (HB 1367) in the House is already on the Second Reading Calendar. The bills are similar, not identical, so some reconciliation will be necessary for this to become law.
