774.209 – Miscellaneous provisions.
774.209 Miscellaneous provisions.— (1) This act does not affect the scope or operation of any workers’ compensation law or veterans’ benefit program, affect the exclusive remedy or subrogation provisions of the law, or authorize any lawsuit which is barred by law. (2) Nothing in this act is intended to, and nothing in this act shall be interpreted to: […]
774.008 – Severability.
774.008 Severability.—If any provision of this act or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. History.—s. 8, ch. 2005-269.
774.201 – Short title.
774.201 Short title.—This act may be cited as the “Asbestos and Silica Compensation Fairness Act”. History.—s. 1, ch. 2005-274.
774.202 – Purpose.
774.202 Purpose.—It is the purpose of this act to: (1) Give priority to true victims of asbestos and silica, claimants who can demonstrate actual physical impairment caused by exposure to asbestos or silica; (2) Fully preserve the rights of claimants who were exposed to asbestos or silica to pursue compensation if they become impaired in the future as […]
774.203 – Definitions.
774.203 Definitions.—As used in this act, the term: (1) “AMA Guides to the Evaluation of Permanent Impairment” means the American Medical Association’s Guides to the Evaluation of Permanent Impairment. (2) “Asbestos” includes all minerals defined as “asbestos” in 29 C.F.R. s. 1910, as amended. (3) “Asbestos claim” means a claim for damages or other civil or equitable relief presented […]
774.204 – Physical impairment.
774.204 Physical impairment.— (1) Physical impairment of the exposed person, to which asbestos or silica exposure was a substantial contributing factor, is an essential element of an asbestos or silica claim. (2) A person may not file or maintain a civil action alleging a nonmalignant asbestos claim in the absence of a prima facie showing of physical impairment […]
774.205 – Claimant proceedings.
774.205 Claimant proceedings.— (1) A civil action alleging an asbestos or silica claim may be brought in the courts of this state if the plaintiff is domiciled in this state or the exposure to asbestos or silica that is a substantial contributing factor to the physical impairment of the plaintiff on which the claim is based occurred […]
774.206 – Statute of limitations; two-disease rule.
774.206 Statute of limitations; two-disease rule.— (1) Notwithstanding any other law, with respect to any asbestos or silica claim not barred as of the effective date of this act, the limitations period does not begin to run until the exposed person discovers, or through the exercise of reasonable diligence should have discovered, that he or she is […]
774.207 – Scope of liability; damages.
774.207 Scope of liability; damages.— (1) Punitive damages may not be awarded in any civil action alleging an asbestos or silica claim. (2) At the time a complaint is filed in a civil action alleging an asbestos or silica claim, the plaintiff must file a verified written report with the court which discloses the total amount of any […]
774.208 – Liability rules applicable to protect sellers, renters, and lessors.
774.208 Liability rules applicable to protect sellers, renters, and lessors.— (1)(a) In a civil action alleging an asbestos or silica claim, a product seller other than a manufacturer is liable to a plaintiff only if the plaintiff establishes that: 1.a. The product that allegedly caused the harm that is the subject of the complaint was sold, rented, or […]