Florida Senate - 2020 SENATOR AMENDMENT Bill No. CS for SB 1582 Ì361960)Î361960 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.