House ready to make asbestos, silica compensation claims tougher to file

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Legislation on Tuesday’s House Special Order calendar would press people looking for compensation in asbestos and silica cases via 2005’s Asbestos and Silica Compensation Fairness Act for more information.

Per a legislative bill analysis, “HB 1367 amends s. 774.205, F.S., to require that all asbestos or silica related claims filed on or after July 1, 2024, include additional information on the sworn information form.”

“The sworn information form must include the specific evidence that provides the basis for each claim against each named defendant. However, the bill shields the information provided in the sworn information form from being admissible at trial. The bill provides additional specified information, which must be included in the sworn information form, the failure of which to include may result in a dismissal of the case without prejudice.”

Claimants would be required to divulge their marital status and their “smoking history” as well as “the name and address of each person who is knowledgeable regarding the exposed person’s exposure to asbestos or silica.”

The statute of limitations on these claims doesn’t begin to run until the person exposed discovers a physical impairment related to asbestos exposure. Furthermore, cancer claims could lead to a second lawsuit after one filed for the previous non-cancer physical issue related to exposure.

Sen. Travis Hutson’s similar measure (SB 720) is moving in the Senate.

The Florida Justice Reform Institute, the U.S. Chamber of Commerce,  and the Florida Insurance Council all support the legislation.