774.002 – Definitions.
774.002 Definitions.— (1) “Asbestos claim” means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos, including: (a) The health effects of exposure to asbestos, including any claim for: 1. Personal injury or death; 2. Mental or emotional injury; 3. Risk of disease or other […]
774.003 – Applicability.
774.003 Applicability.— (1) The limitations in s. 774.004 apply to a corporation that is a successor and became a successor before January 1, 1972, or is any of that successor corporation’s successors. (2) The limitations in s. 774.004 do not apply to: (a) Workers’ compensation benefits paid by or on behalf of an employer to an employee under chapter […]
772.13 – Civil Remedy for Terrorism or Facilitating or Furthering Terrorism.
772.13 Civil remedy for terrorism or facilitating or furthering terrorism.— (1) A person who is injured by an act of terrorism as defined in s. 775.30 or a violation of a law for which the penalty is increased pursuant to s. 775.31 for facilitating or furthering terrorism has a cause of action for threefold the actual damages […]
774.004 – Limitations on successor asbestos-related liabilities.
774.004 Limitations on successor asbestos-related liabilities.— (1) Except as further limited in subsection (2), the cumulative successor asbestos-related liabilities of a corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The corporation does not have any responsibility for successor asbestos-related […]
772.14 – Estoppel of Defendant.
772.14 Estoppel of defendant.—A final judgment or decree rendered in favor of the state in any criminal proceeding concerning the conduct of the defendant which forms the basis for a civil cause of action under this chapter, or in any criminal proceeding under chapter 895, shall estop the defendant in any action brought pursuant to this […]
774.005 – Establishing fair market value of total gross assets.
774.005 Establishing fair market value of total gross assets.— (1) A corporation may establish the fair market value of total gross assets for the purpose of the limitations under s. 774.004 through any method reasonable under the circumstances, including: (a) By reference to the going concern value of the assets or to the purchase price attributable to or […]
772.15 – Admissibility of Not Guilty Verdict.
772.15 Admissibility of not guilty verdict.—A verdict or adjudication of not guilty rendered in favor of the defendant or in favor of any other person whose conduct forms the basis for a claim under this chapter shall be admissible in evidence, but shall not act as an estoppel against the plaintiff. History.—s. 3, ch. 86-277.
774.006 – Adjustment.
774.006 Adjustment.— (1) Except as provided in subsections (2), (3), and (4), the fair market value of total gross assets at the time of a merger or consolidation shall increase annually at a rate equal to the sum of: (a) The prime rate as listed in the first edition of the Wall Street Journal published for each calendar […]
772.17 – Limitation of Actions.
772.17 Limitation of actions.—Notwithstanding any other provision of law, a civil action or proceeding under this chapter may be commenced at any time within 5 years after the conduct in violation of a provision of this act terminates or the cause of action accrues. If a criminal prosecution or civil action or other proceeding is brought […]
774.007 – Scope.
774.007 Scope.—The courts in this state shall apply, to the fullest extent permissible under the United States Constitution, this state’s substantive law, including the limitation under this act, to the issue of successor asbestos-related liabilities. This act shall be construed liberally to accomplish its remedial purposes. History.—s. 7, ch. 2005-269.