Florida Senate - 2020 SB By Senator Simmons 9-01163A-20 20201582__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled

An act relating to asbestos trust claims; creating s. 2 774.301, F.S.; defining terms; requiring a plaintiff who files an asbestos claim to provide certain information to the parties of the action within a specified timeframe; requiring the plaintiff to supplement the information and materials under certain circumstances within a specified timeframe; 8 authorizing the defendant to seek discovery from an asbestos trust; prohibiting the plaintiff from claiming privilege or confidentiality to bar discovery of such materials; providing that asbestos trust claim materials and trust governance documents are admissible in evidence under certain circumstances; 14 providing for the adjustment of a judgment under certain circumstances; providing for severability; 16 providing an effective date. 17

Be It Enacted by the Legislature of the State of Florida: 19

Section

Section 774.301, Florida Statutes, is created to read: 22 774.301 Asbestos trust claim disclosures.— 23

(1) As used in this section, the term: 24

(a) “Asbestos claim” has the same meaning as in s. 774.203. 25

(b) “Asbestos trust” means a government-approved or court-26 approved trust, qualified settlement fund, compensation fund, or claims facility that is created as a result of an administrative or legal action or a court-approved bankruptcy, or under 11 Florida Senate - 2020 SB 1582 9-01163A-20 20201582__ CODING: Words stricken are deletions; words underlined are additions. U.S.C. s. 524(g), 11 U.S.C. s. 1121(a), or other applicable law, 30 and that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos. 33

(c) “Trust claim materials” means a final, executed proof of claim and any other document or information submitted to or received from an asbestos trust, including a claim form or supplementary material, an affidavit, a deposition or trial testimony, a work history, an exposure allegation, a medical or health record, or a document reflecting the status of a claim against an asbestos trust and, if the trust claim has been settled, any document relating to the settlement of the trust claim. 42

(d) “Trust governance document” means a document that relates to eligibility and payment levels, including a claims payment matrix, a trust distribution procedure, or a plan for the reorganization of an asbestos trust. 46

(2) Within days after filing an asbestos claim, a plaintiff shall provide all parties with a sworn statement identifying all asbestos trust claims made by the plaintiff and all material submitted to or received from an asbestos trust. 50

(3) A plaintiff must supplement the information required under subsection (2) within days after the plaintiff files an additional asbestos trust claim, supplements an existing asbestos trust claim, or receives additional information related to an asbestos trust claim. 55

(4) A defendant in an asbestos claim may seek discovery from an asbestos trust. The plaintiff may not claim privilege or confidentiality to bar discovery and shall provide consent or Florida Senate - 2020 SB 1582 9-01163A-20 20201582__ CODING: Words stricken are deletions; words underlined are additions. other expression of permission that may be required by the asbestos trust to release the information sought by the defendant. 61

(5) Asbestos trust claim materials are admissible in evidence only to the extent permissible under the Florida Evidence Code. 64

(6) If a plaintiff files an asbestos trust claim after the plaintiff obtains a judgment in an asbestos claim and before satisfaction of the judgment, and the asbestos trust was in existence at the time of the judgment, the trial court, upon motion by a defendant, may only adjust the judgment by the amount of any payments obtained by the plaintiff as a result of such after-filed claim to the extent permissible under Florida law. 72

Section 2. If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. 78

Section 3. This act shall take effect July 1, 2020. 79