HB 1331

1	A bill to be entitled
2	An act relating to the Asbestos and Silica Compensation
3	Fairness Act; amending s. 774.202, F.S.; revising purpose
4	of the act; amending s. 774.203, F.S.; revising
5	definitions; amending s. 774.204, F.S.; revising essential
6	elements of an asbestos or silica claim; revising persons
7	who may file or maintain certain civil actions alleging a
8	nonmalignant asbestos claim; revising and providing
9	evidence requirements; deleting a provision prohibiting
10	smokers from filing or maintaining certain asbestos
11	claims; deleting a provision prohibiting certain persons
12	from filing or maintaining a civil action alleging an
13	asbestos claim based on cancer of the colon, rectum, or
14	stomach; amending s. 774.205, F.S.; deleting a provision
15	requiring claimants to be domiciled in this state or claim
16	to have been exposed to asbestos or silica in this state;
17	revising information to be included in claims; amending s.
18	774.206, F.S.; deleting a provision prohibiting damages
19	from being awarded for fear or risk of cancer in certain
20	civil actions; amending s. 774.207, F.S.; revising
21	prohibition on punitive damages; amending s. 774.208,
22	F.S.; deleting criteria a plaintiff must establish in
23	order to establish a product seller's liability; providing
24	an effective date.
25
26	WHEREAS, the crush of asbestos litigation has been costly
27	to employers, employees, litigants, and the court system, and
28	WHEREAS, in 1982, the Johns-Manville Corporation, the
29	nation's largest single supplier of insulation products
30	containing asbestos, declared bankruptcy due to the burden of
31	the asbestos litigation, and
32	WHEREAS, since 1982, more than 70 other companies have
33	reorganized due to the burden of asbestos litigation, and
34	WHEREAS, silica is a naturally occurring mineral, and
35	WHEREAS, the Earth's crust is over 90 percent silica, and
36	crystalline silica dust is the primary component of sand,
37	quartz, and granite, and
38	WHEREAS, silica-related illness, including silicosis, can
39	occur when tiny silica particles are inhaled, and
40	WHEREAS, silicosis was recognized as an occupational
41	disease many years ago, and
42	WHEREAS, the American Foundrymen's Society has distributed
43	literature for more than 100 years to its members warning of the
44	dangers of silica exposure, and
45	WHEREAS, the number of new lawsuits alleging silica-related
46	disease being filed each year began to rise precipitously in
47	recent years, and
48	WHEREAS, silica claims, like asbestos claims, often arise
49	when an individual is identified as having markings on his or
50	her lungs that are possibly consistent with silica exposure but
51	the individual has no functional or physical impairment from any
52	silica-related disease, and
53	WHEREAS, the Legislature finds that an overpowering public
54	necessity requires it to act to prevent a silica-based
55	litigation crisis, and
56	WHEREAS, concerns about statutes of limitations may prompt
57	claimants who have been exposed to asbestos or silica but who do
58	not have any current injury to bring premature lawsuits in order
59	to protect against losing their rights to future compensation
60	should they become impaired, and
61	WHEREAS, consolidations, joinders, and similar procedures
62	to which some courts have resorted in order to deal with the
63	mass of asbestos and silica cases can undermine the appropriate
64	functioning of the judicial process and further encourage the
65	filing of thousands of cases by exposed individuals who are not
66	sick and who may never become sick, and
67	WHEREAS, the Legislature finds that there is an
68	overpowering public necessity to defer the claims of exposed
69	individuals who are not sick in order to preserve, now and for
70	the future, defendants' ability to compensate people who develop
71	cancer and other serious asbestos-related and silica-related
72	injuries and to safeguard the jobs, benefits, and savings of
73	workers in this state and the well-being of the economy of this
74	state, NOW THEREFORE,
75
76	Be It Enacted by the Legislature of the State of Florida:
77
78	Section 1.  Section 774.202, Florida Statutes, is amended
79	to read:
80	774.202  Purpose.--It is the purpose of this act to:
81	(1)  Ensure that persons who have demonstrable injuries as
82	a result of exposure to asbestos and silica are given their
83	constitutional right to access the court system Give priority to
84	true victims of asbestos and silica, claimants who can
85	demonstrate actual physical impairment caused by exposure to
86	asbestos or silica; and
87	(2)  Ensure that the burden of medical monitoring and
88	health care are not shifted from the asbestos and silica
89	companies to Florida patients, health insurance companies,
90	employers, and the State Treasury. Fully preserve the rights of
91	claimants who were exposed to asbestos or silica to pursue
92	compensation if they become impaired in the future as a result
93	of the exposure;
94	(3)  Enhance the ability of the judicial system to
95	supervise and control asbestos and silica litigation; and
96	(4)  Conserve the scarce resources of the defendants to
97	allow compensation to cancer victims and others who are
98	physically impaired by exposure to asbestos or silica while
99	securing the right to similar compensation for those who may
100	suffer physical impairment in the future.
101	Section 2.  Subsections (4), (18), (22), (23), (24), and
102	(25) of section 774.203, Florida Statutes, are amended to read:
103	774.203  Definitions.--As used in this act, the term:
104	(4)  "Asbestosis" means bilateral diffuse interstitial
105	pneumonitis and fibrosis caused by inhalation of the lungs
106	caused by inhalation of asbestos fibers.
107	(18)  "Mesothelioma" means a malignant tumor with a primary
108	site in the pleura, or the peritoneum, or the pericardium or
109	tunica vaginalis testis, which has been diagnosed by a board-
110	certified pathologist, using standardized and accepted criteria
111	of microscopic morphology or appropriate staining techniques.
112	(22)  "Predicted lower limit of normal" for any test means
113	below the reference values set by the American Thoracic Society
114	the fifth percentile of healthy populations based on age,
115	height, and gender, as referenced in the AMA Guides to the
116	Evaluation of Permanent Impairment.
117	(23)  "Qualified physician" means a medical doctor, who:
118	(a)  Is a board-certified pathologist licensed to practice
119	and actively practices in this country who performed services
120	requested or authorized by a physician who:
121	1.  Has conducted an evaluation of pathology materials
122	obtained from surgical or postmortem specimens a physical
123	examination of the exposed person or, if the person is deceased,
124	has reviewed all available records relating to the exposed
125	person's medical condition;
126	2.  Is actually treating or has treated the exposed person,
127	and has or had a doctor-patient relationship with the person;
128	and
129	2.3.  Is licensed to practice and actively practices in
130	this country; or
131	(b)  Is a board-certified oncologist, pulmonary specialist,
132	or specialist in occupational and environmental medicine who:
133	1.  Has conducted a physical examination of the exposed
134	person or, if the person is deceased, has reviewed all available
135	records relating to the exposed person's medical condition;
136	2.  Is actually treating or has treated the exposed person,
137	and has or had a doctor-patient relationship with the person;
138	and
139	2.3.  Is licensed to practice and actively practices in
140	this country.
141	(24)  "Radiological evidence of asbestosis" means a finding
142	on a quality 1 chest X ray under the ILO System of
143	classification (in a death case where no pathology is available,
144	the necessary radiologic findings may be made with a quality 2
145	film if a quality 1 film is not available) showing small,
146	irregular opacities (s, t, u) graded by a certified B-reader of
147	1/0 or higher as at least 1/1 on the ILO scale or such other
148	competent evidence of asbestosis on computed tomography by a
149	licensed physician.
150	(25)  "Radiological evidence of diffuse pleural disease
151	thickening" means a finding on a quality 1 chest X ray or
152	computer tomography showing pleural plaques or pleural
153	thickening by a licensed physician under the ILO System of
154	classification (in a death case where no pathology is available,
155	the necessary radiologic findings may be made with a quality 2
156	film if a quality 1 film is not available) showing bilateral
157	pleural thickening of at least B2 on the ILO scale and blunting
158	of at least one costophrenic angle.
159	Section 3.  Section 774.204, Florida Statutes, is amended
160	to read:
161	774.204  Physical impairment.--
162	(1)  Physical impairment or death of the exposed person, to
163	which asbestos or silica exposure was a substantial contributing
164	factor, is an essential element of an asbestos or silica claim.
165	(2)  A person may not file or maintain a civil action
166	alleging a nonmalignant asbestos claim in the absence of a prima
167	facie showing of physical impairment or death as a result of a
168	medical condition to which exposure to asbestos was a
169	substantial contributing factor. The prima facie showing must
170	include all of the following requirements:
171	(a)  Evidence verifying that a qualified physician, or
172	someone working under the direct supervision and control of a
173	qualified physician, has taken a detailed occupational and
174	exposure history of the exposed person or, if the person is
175	deceased, from a person who is knowledgeable about the exposures
176	that form the basis of the nonmalignant asbestos claim,
177	including:
178	1.  Identification of all of the exposed person's pertinent
179	principal places of employment and exposures to airborne
180	contaminants; and
181	2.  Whether each place of employment involved exposures to
182	airborne contaminants, including but not limited to asbestos
183	fibers or other disease-causing dusts, that can cause pulmonary
184	impairment and the nature, duration, and level of any such
185	exposure, if known.
186	(b)  Evidence verifying that a qualified physician, or
187	someone working under the direct supervision and control of a
188	qualified physician, has taken a detailed medical and smoking
189	history, including a thorough review of the exposed person's
190	past and present medical problems and their most probable cause.
191	(c)  Evidence sufficient to demonstrate that at least 10
192	years have elapsed between the date of first exposure to
193	asbestos and the date the diagnosis is made.
194	(d)  In the case of a living person, a determination by a
195	qualified physician that the exposed person is impaired as
196	defined by Official Statements of the American Thoracic Society,
197	on the basis of a medical examination and pulmonary function
198	testing, that the exposed person has a permanent respiratory
199	impairment rating of at least Class 2 as defined by and
200	evaluated pursuant to the AMA Guides to the Evaluation of
201	Permanent Impairment.
202	(e)  A diagnosis by a qualified physician of asbestosis or
203	asbestos-related diffuse pleural disease thickening, based at a
204	minimum on radiological or pathological evidence of asbestosis
205	or radiological evidence of asbestos-related diffuse pleural
206	disease thickening.
207	(f)  In the case of a living person, a determination by a
208	qualified physician that asbestosis or asbestos-related diffuse
209	pleural disease thickening, rather than chronic obstructive
210	pulmonary disease, is a substantial contributing factor to the
211	exposed person's physical impairment, as defined by Official
212	Statements of the American Thoracic Society. based at a minimum
213	on a determination that the exposed person has:
214	1.  Total lung capacity, by plethysmography or timed gas
215	dilution, below the predicted lower limit of normal;
216	2.  Forced vital capacity below the lower limit of normal
217	and a ratio of FEV1 to FVC that is equal to or greater than the
218	predicted lower limit of normal; or
219	3.  A chest X ray showing small, irregular opacities (s, t,
220	u) graded by a certified B-reader as at least 2/1 on the ILO
221	scale.
222	(g)  If the exposed person meets the requirements of
223	paragraphs (a), (b), and (c), and if a qualified physician
224	determines that the exposed person has a physical impairment, as
225	demonstrated by meeting the criteria set forth in paragraph (d)
226	and subparagraph (f)1. or subparagraph (f)2., but the exposed
227	person's chest X ray does not demonstrate radiological evidence
228	of asbestosis, the exposed person may meet the criteria of
229	paragraph (e) if his or her chest X ray is graded by a certified
230	B-reader as at least 1/0 and a qualified physician, relying on
231	high-resolution computed tomography, determines to a reasonable
232	degree of medical certainty that the exposed person has
233	asbestosis and forms the conclusion set forth in paragraph (h).
234	(g)(h)  A conclusion by a qualified physician that the
235	exposed person's exposure to asbestos was a substantial
236	contributing cause of the exposed person's medical findings, and
237	impairment, or death were not more probably the result of causes
238	other than the asbestos exposure revealed by the exposed
239	person's employment and medical history. A diagnosis that states
240	that the medical findings and impairment are "consistent with"
241	or "compatible with" exposure to asbestos does not meet the
242	requirements of this subsection.
243	(h)(i)  If a plaintiff files a civil action alleging a
244	nonmalignant asbestos claim, and that plaintiff alleges that his
245	or her exposure to asbestos was the result of extended contact
246	with another exposed person who, if the civil action had been
247	filed by the other exposed person, would have met the
248	requirements of paragraph (a), and the plaintiff alleges that he
249	or she had extended contact with the exposed person during the
250	time period in which that exposed person met the requirements of
251	paragraph (a), the plaintiff has satisfied the requirements of
252	paragraph (a). The plaintiff in such a civil action must
253	individually satisfy the requirements of paragraphs (b), (c),
254	(d), (e), (f), and (g), and (h).
255	(3)  A person who is a smoker may not file or maintain a
256	civil action alleging an asbestos claim which is based upon
257	cancer of the lung, larynx, pharynx, or esophagus in the absence
258	of a prima facie showing that includes all of the following
259	requirements:
260	(a)  A diagnosis by a qualified physician who is board
261	certified in pathology, pulmonary medicine, or oncology, as
262	appropriate for the type of cancer claimed, of a primary cancer
263	of the lung, larynx, pharynx, or esophagus, and that exposure to
264	asbestos was a substantial contributing factor to the condition.
265	(b)  Evidence sufficient to demonstrate that at least 10
266	years have elapsed between the date of first exposure to
267	asbestos and the date of diagnosis of the cancer.
268	(c)  Radiological or pathological evidence of asbestosis or
269	diffuse pleural thickening or a qualified physician's diagnosis
270	of asbestosis based on a chest X ray graded by a certified B-
271	reader as at least 1/0 on the ILO scale and high-resolution
272	computed tomography supporting the diagnosis of asbestosis to a
273	reasonable degree of medical certainty.
274	(d)  Evidence of the exposed person's substantial
275	occupational exposure to asbestos. If a plaintiff files a civil
276	action alleging an asbestos-related claim based on cancer of the
277	lung, larynx, pharynx, or esophagus, and that plaintiff alleges
278	that his or her exposure to asbestos was the result of extended
279	contact with another exposed person who, if the civil action had
280	been filed by the other exposed person, would have met the
281	substantial occupational exposure requirement of this
282	subsection, and the plaintiff alleges that he or she had
283	extended contact with the exposed person during the time period
284	in which that exposed person met the substantial occupational
285	exposure requirement of this subsection, the plaintiff has
286	satisfied the requirements of this paragraph. The plaintiff in
287	such a civil action must individually satisfy the requirements
288	of this subsection.
289	(e)  If the exposed person is deceased, the qualified
290	physician, or someone working under the direct supervision and
291	control of a qualified physician, may obtain the evidence
292	required in paragraphs (b) and (d) from the person most
293	knowledgeable about the alleged exposures that form the basis of
294	the asbestos claim.
295	(f)  A conclusion by a qualified physician that the exposed
296	person's medical findings and impairment were not more probably
297	the result of causes other than the asbestos exposure revealed
298	by the exposed person's employment and medical history. A
299	conclusion that the medical findings and impairment are
300	"consistent with" or "compatible with" exposure to asbestos does
301	not meet the requirements of this subsection.
302	(3)(4)  In a civil action alleging an asbestos claim by a
303	nonsmoker based on cancer of the lung, larynx, colon, rectum,
304	stomach, pharynx, or esophagus, a prima facie showing of an
305	impairment due to asbestos exposure is not required.
306	(5)  A person may not file or maintain a civil action
307	alleging an asbestos claim which is based on cancer of the
308	colon, rectum, or stomach in the absence of a prima facie
309	showing that includes all of the following requirements:
310	(a)  A diagnosis by a qualified physician who is board
311	certified in pathology, pulmonary medicine, or oncology, as
312	appropriate for the type of cancer claimed, of cancer of the
313	colon, rectum, or stomach, and that exposure to asbestos was a
314	substantial contributing factor to the condition.
315	(b)  Evidence sufficient to demonstrate that at least 10
316	years have elapsed between the date of first exposure to
317	asbestos and the date of diagnosis of the cancer.
318	(c)1.a.  Radiological or pathological evidence of
319	asbestosis or diffuse pleural thickening or a qualified
320	physician's diagnosis of asbestosis based on a chest X ray
321	graded by a certified B-reader as at least 1/0 on the ILO scale
322	and high-resolution computed tomography supporting the diagnosis
323	of asbestosis to a reasonable degree of medical certainty; or
324	b.  Evidence of the exposed person's substantial
325	occupational exposure to asbestos. If a plaintiff files a civil
326	action alleging an asbestos-related claim based on cancer of the
327	colon, rectum, or stomach, and that plaintiff alleges that his
328	or her exposure to asbestos was the result of extended contact
329	with another exposed person who, if the civil action had been
330	filed by the other exposed person, would have met the
331	substantial occupational exposure requirement of this
332	subsection, and the plaintiff alleges that he or she had
333	extended contact with the exposed person during the time period
334	in which that exposed person met the substantial occupational
335	exposure requirement of this subsection, the plaintiff has
336	satisfied the requirements of this sub-subparagraph. The
337	plaintiff in such a civil action must individually satisfy the
338	requirements of this subsection.
339	2.  In the case of an exposed person who is a smoker, the
340	criteria in sub-subparagraph 1.a. and b. must be met.
341	3.  If the exposed person is deceased, the qualified
342	physician, or someone working under the direct supervision and
343	control of a qualified physician, may obtain the evidence
344	required in sub-subparagraph 1.b. and paragraph (b) from the
345	person most knowledgeable about the alleged exposures that form
346	the basis of the asbestos claim.
347	(d)  A conclusion by a qualified physician that the exposed
348	person's medical findings and impairment were not more probably
349	the result of causes other than the asbestos exposure revealed
350	by the exposed person's employment and medical history. A
351	conclusion that the medical findings and impairment are
352	"consistent with" or "compatible with" exposure to asbestos does
353	not meet the requirements of this subsection.
354	(4)(6)  In a civil action alleging an asbestos claim based
355	upon mesothelioma a prima facie showing of an impairment due to
356	asbestos exposure is not required.
357	(5)(7)  A person may not file or maintain a civil action
358	alleging a silicosis claim in the absence of a prima facie
359	showing of physical impairment as a result of a medical
360	condition to which exposure to silica was a substantial
361	contributing factor. The prima facie showing must include all of
362	the following requirements:
363	(a)  Evidence verifying that a qualified physician, or
364	someone working under the direct supervision and control of a
365	qualified physician, has taken a detailed occupational and
366	exposure history of the exposed person or, if the person is
367	deceased, from a person who is knowledgeable about the exposures
368	that form the basis of the nonmalignant silica claim, including:
369	1.  All of the exposed person's principal places of
370	employment and exposures to airborne contaminants; and
371	2.  Whether each place of employment involved exposures to
372	airborne contaminants, including, but not limited to, silica
373	particles or other disease-causing dusts, that can cause
374	pulmonary impairment and the nature, duration, and level of any
375	such exposure.
376	(b)  Evidence verifying that a qualified physician, or
377	someone working under the direct supervision and control of a
378	qualified physician, has taken detailed medical and smoking
379	history, including a thorough review of the exposed person's
380	past and present medical problems and their most probable cause,
381	and verifying a sufficient latency period for the applicable
382	stage of silicosis.
383	(c)  A determination by a qualified physician, on the basis
384	of a medical examination and pulmonary function testing, that
385	the exposed person has a permanent respiratory impairment rating
386	of at least Class 2 as defined by and evaluated pursuant to the
387	AMA Guides to the Evaluation of Permanent Impairment.
388	(d)  A determination by a qualified physician that the
389	exposed person has:
390	1.  A quality 1 chest X ray under the ILO System of
391	classification and that the X ray has been read by a certified
392	B-reader as showing, according to the ILO System of
393	classification, bilateral nodular opacities (p, q, or r)
394	occurring primarily in the upper lung fields, graded 1/1 or
395	higher; or
396	2.  Pathological demonstration of classic silicotic nodules
397	exceeding one centimeter in diameter as published in 112 Archive
398	of Pathology and Laboratory Medicine 7 (July 1988).
399
400	In a death case where no pathology is available, the necessary
401	radiologic findings may be made with a quality 2 film if a
402	quality 1 film is not available.
403	(e)  A conclusion by a qualified physician that the exposed
404	person's medical findings and impairment were not more probably
405	the result of causes other than silica exposure revealed by the
406	exposed person's employment and medical history. A conclusion
407	that the medical findings and impairment are "consistent with"
408	or "compatible with" exposure to silica does not meet the
409	requirements of this subsection.
410	(6)(8)  A person may not file or maintain a civil action
411	alleging a silica claim other than as provided in subsection (5)
412	(7), in the absence of a prima facie showing that includes all
413	of the following requirements:
414	(a)  A report by a qualified physician who is:
415	1.  Board certified in pulmonary medicine, internal
416	medicine, oncology, or pathology stating a diagnosis of the
417	exposed person of silica-related lung cancer and stating that,
418	to a reasonable degree of medical probability, exposure to
419	silica was a substantial contributing factor to the diagnosed
420	lung cancer; or
421	2.  Board certified in pulmonary medicine, internal
422	medicine, or pathology stating a diagnosis of the exposed person
423	of silica-related progressive massive fibrosis or acute
424	silicoproteinosis, or silicosis complicated by documented
425	tuberculosis.
426	(b)  Evidence verifying that a qualified physician, or
427	someone working under the direct supervision and control of a
428	qualified physician, has taken a detailed occupational and
429	exposure history of the exposed person or, if the person is
430	deceased, from a person who is knowledgeable about the exposures
431	that form the basis of the nonmalignant silica claim, including:
432	1.  All of the exposed person's principal places of
433	employment and exposures to airborne contaminants; and
434	2.  Whether each place of employment involved exposures to
435	airborne contaminants, including, but not limited to, silica
436	particles or other disease-causing dusts, that can cause
437	pulmonary impairment and the nature, duration, and level of any
438	such exposure.
439	(c)  Evidence verifying that a qualified physician, or
440	someone working under the direct supervision and control of a
441	qualified physician, has taken a detailed medical and smoking
442	history, including a thorough review of the exposed person's
443	past and present medical problems and their most probable cause;
444	(d)  A determination by a qualified physician that the
445	exposed person has:
446	1.  A quality 1 chest X ray under the ILO System of
447	classification and that the X ray has been read by a certified
448	B-reader as showing, according to the ILO System of
449	classification, bilateral nodular opacities (p, q, or r)
450	occurring primarily in the upper lung fields, graded 1/1 or
451	higher; or
452	2.  Pathological demonstration of classic silicotic nodules
453	exceeding one centimeter in diameter as published in 112 Archive
454	of Pathology and Laboratory Medicine 7 (July 1988).
455
456	In a death case where no pathology is available, the necessary
457	radiologic findings may be made with a quality 2 film if a
458	quality 1 film is not available.
459	(e)  A conclusion by a qualified physician that the exposed
460	person's medical findings and impairment were not more probably
461	the result of causes other than silica exposure revealed by the
462	exposed person's employment and medical history. A conclusion
463	that the medical findings and impairment are "consistent with"
464	or "compatible with" exposure to silica does not meet the
465	requirements of this subsection.
466	(7)(9)  Evidence relating to physical impairment under this
467	section, including pulmonary function testing and diffusing
468	studies, must:
469	(a)  Comply with the Official Statements of the American
470	Thoracic Society technical recommendations for examinations,
471	testing procedures, quality assurance, quality control, and
472	equipment of the AMA Guides to the Evaluation of Permanent
473	Impairment, as set forth in 20 C.F.R. part 404, Subpart P. App.
474	1. Part A, s. 3.00 E. and F., and the interpretive standards,
475	set forth in the official statement of the American Thoracic
476	Society entitled "lung function testing: selection of reference
477	values and interpretive strategies" as published in American
478	Review of Respiratory Disease. 1991: 144:1202-1218;
479	(b)  Not be obtained through testing or examinations that
480	violate any applicable law, regulation, licensing requirement,
481	or medical code of practice; and
482	(c)  Not be obtained under the condition that the exposed
483	person retain legal services in exchange for the examination,
484	test, or screening.
485	(8)(10)  Presentation of prima facie evidence meeting the
486	requirements of subsection (2), subsection (3), subsection (5),
487	or subsection (4) (6) of this section may not:
488	(a)  Result in any presumption at trial that the exposed
489	person is impaired by an asbestos-related or silica-related
490	condition;
491	(b)  Be conclusive as to the liability of any defendant;
492	and
493	(c)  Be admissible at trial.
494	Section 4.  Section 774.205, Florida Statutes, is amended
495	to read:
496	774.205  Claimant proceedings.--
497	(1)  A civil action alleging an asbestos or silica claim
498	may be brought in the courts of this state if the plaintiff is
499	domiciled in this state or the exposure to asbestos or silica
500	that is a substantial contributing factor to the physical
501	impairment of the plaintiff on which the claim is based occurred
502	in this state.
503	(1)(2)  A plaintiff in a civil action alleging an asbestos
504	or silica claim must include with the complaint or other initial
505	pleading a written report and supporting test results
506	constituting prima facie evidence of the exposed person's
507	asbestos-related or silica-related physical impairment meeting
508	the requirements of s. 774.204(2), (3), (5), or (4)(6). For any
509	asbestos or silica claim pending on the effective date of this
510	act, the plaintiff must file the report and supporting test
511	results at least 30 days before setting a date for trial. The
512	defendant must be afforded a reasonable opportunity to challenge
513	the adequacy of the proffered prima facie evidence of asbestos-
514	related impairment. The claim of the plaintiff shall be
515	dismissed without prejudice upon a finding of failure to make
516	the required prima facie showing.
517	(2)(3)  All asbestos claims and silica claims filed in this
518	state on or after the effective date of this act must include,
519	in addition to the written report described in subsection (1)
520	(2) and the information required by s. 774.207(2), a sworn
521	information form containing the following information:
522	(a)  The claimant's name, address, date of birth, and
523	marital status;
524	(b)  If the claimant alleges exposure to asbestos or silica
525	through the testimony of another person or alleges other than
526	direct or bystander exposure to a product, the name, address,
527	date of birth, and marital status for each person by which the
528	claimant alleges exposure, hereinafter the "index person," and
529	the claimant's relationship to each such person;
530	(c)  The specific location of each alleged exposure;
531	(d)  The beginning and ending dates of each alleged
532	exposure as to each asbestos product or silica product for each
533	location at which exposure allegedly took place for the
534	plaintiff and each index person;
535	(e)  The occupation and name of the employer of the exposed
536	person at the time of each alleged exposure;
537	(b)(f)  The specific condition related to asbestos or
538	silica claimed to exist; and
539	(c)(g)  Any supporting documentation of the condition
540	claimed to exist.
541	Section 5.  Subsection (2) of section 774.206, Florida
542	Statutes, is amended to read:
543	774.206  Statute of limitations; two-disease rule.--
544	(2)  An asbestos or silica claim arising out of a
545	nonmalignant condition shall be a distinct cause of action from
546	an asbestos or silica claim relating to the same exposed person
547	arising out of asbestos-related or silica-related cancer.
548	Damages may not be awarded for fear or risk of cancer in a civil
549	action asserting an asbestos or silica claim.
550	Section 6.  Subsection (1) of section 774.207, Florida
551	Statutes, is amended to read:
552	774.207  Scope of liability; damages.--
553	(1)  Punitive damages may not be awarded in any civil
554	action alleging an asbestos or silica claim in accordance with
555	the laws of the state.
556	Section 7.  Section 774.208, Florida Statutes, is amended
557	to read:
558	774.208  Liability rules applicable to protect sellers,
559	renters, and lessors.--
560	(1)(a)  In a civil action alleging an asbestos or silica
561	claim, a product seller other than a manufacturer is liable to a
562	plaintiff only if the plaintiff establishes that:
563	1.a.  The product that allegedly caused the harm that is
564	the subject of the complaint was sold, rented, or leased by the
565	product seller;
566	b.  The product seller failed to exercise reasonable care
567	with respect to the product; and
568	c.  The failure to exercise reasonable care was a proximate
569	cause of the harm to the exposed person;
570	2.a.  The product seller made an express warranty
571	applicable to the product that allegedly caused the harm that is
572	the subject of the complaint, independent of any express
573	warranty made by the manufacturer as to the same product;
574	b.  The product failed to conform to the warranty; and
575	c.  The failure of the product to conform to the warranty
576	caused the harm to the exposed person; or
577	3.a.  The product seller engaged in intentional wrongdoing,
578	as determined under the law of this state; and
579	b.  The intentional wrongdoing caused the harm that is the
580	subject of the complaint.
581	(b)  For the purpose of sub-subparagraph (a)1.b., a product
582	seller may not be considered to have failed to exercise
583	reasonable care with respect to a product based upon an alleged
584	failure to inspect the product, if:
585	1.  The failure occurred because there was no reasonable
586	opportunity to inspect the product; or
587	2.  The inspection, in the exercise of reasonable care,
588	would not have revealed the aspect of the product which
589	allegedly caused the exposed person's impairment.
590	(2)  In a civil action alleging an asbestos or silica
591	claim, a person engaged in the business of renting or leasing a
592	product is not liable for the tortious act of another solely by
593	reason of ownership of that product.
594	Section 8.  This act shall take effect July 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.