Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS for SB 1582
       
       
       
       
       
       
                                Ì361960)Î361960                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/RM          .                                
             03/13/2020 03:42 PM       .                                
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       Senator Torres moved the following:
       
    1         Senate Amendment to House Amendment (838709) (with title
    2  amendment)
    3  
    4         Delete lines 4 - 16
    5  and insert:
    6         Remove lines 42-73 and insert:
    7         (2) Within 30 days after filing an asbestos claim, a
    8  plaintiff shall provide all parties with a sworn statement
    9  identifying all asbestos trust claims made by the plaintiff and
   10  all material submitted to or received from an asbestos trust.
   11         (3) A plaintiff must supplement the information required
   12  under subsection (2) within 30 days after the plaintiff files an
   13  additional asbestos trust claim, supplements an existing
   14  asbestos trust claim, or receives additional information related
   15  to an asbestos trust claim.
   16         (4) A defendant in an asbestos claim may seek discovery
   17  from an asbestos trust. The plaintiff may not claim privilege or
   18  confidentiality to bar discovery and shall provide consent or
   19  other expression of permission that may be required by the
   20  asbestos trust to release the information sought by the
   21  defendant.
   22         (5) Asbestos trust claim materials are admissible in
   23  evidence only to the extent permissible under the Florida
   24  Evidence Code.
   25         (6) If a plaintiff files an asbestos trust claim after the
   26  plaintiff obtains a judgment in an asbestos claim and before
   27  satisfaction of the judgment, and the asbestos trust was in
   28  existence at the time of the judgment, the trial court, upon
   29  motion by a defendant, may only adjust the judgment by the
   30  amount of any payments obtained by the plaintiff as a result of
   31  such after-filed claim to the extent permissible under Florida
   32  law.
   33         (7) This section does not apply to a plaintiff who is a
   34  veteran as defined in s. 1.01(14) or a current or former
   35  servicemember of the Armed Forces as defined in s. 250.01.
   36  
   37  ================= T I T L E  A M E N D M E N T ================
   38  And the title is amended as follows:
   39         Delete lines 20 - 23
   40  and insert:
   41         Remove lines 4-16 and insert:
   42         who files an asbestos claim to provide certain
   43         information to the parties of the action within a
   44         specified timeframe; requiring the plaintiff to
   45         supplement the information and materials under certain
   46         circumstances within a specified timeframe;
   47         authorizing the defendant to seek discovery from an
   48         asbestos trust; prohibiting the plaintiff from
   49         claiming privilege or confidentiality to bar discovery
   50         of such materials; providing that asbestos trust claim
   51         materials are admissible in evidence under certain
   52         circumstances; providing for the adjustment of a
   53         judgment under certain circumstances; exempting
   54         certain plaintiffs from the asbestos trust claims
   55         disclosure requirements; providing an effective date.