Florida Statute 774.202 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 774
ASBESTOS-RELATED AND SILICA-RELATED CLAIMS

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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 a result of the exposure;

(3) Enhance the ability of the judicial system to supervise and control asbestos and silica litigation; and

(4) Conserve the scarce resources of the defendants to allow compensation to cancer victims and others who are physically impaired by exposure to asbestos or silica while securing the right to similar compensation for those who may suffer physical impairment in the future.

History.—s. 2, ch. 2005-274.

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Amendments to 774.202

Annotations, Discussions, Cases:

Cases Citing Statute 774.202

Total Results: 4 | Sort by: Relevance | Newest First

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DaimlerChrysler Corp. v. Hurst, 949 So. 2d 279 (Fla. 3d DCA 2007).

Cited 13 times | Published | Florida 3rd District Court of Appeal | 2007 WL 403637

...2005), Ch.2005-274, at 2564, Laws of Fla. Thus, the legislature provided that the Act, which became effective on July 1, 2005, [2] applies to all asbestos claims "in which trial has not commenced as of [July 1, 2005]." The stated purpose of the Act is set forth in section 774.202, Florida Statutes (2005), as follows: Purpose....

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In Re Asbestos Litig., 933 So. 2d 613 (Fla. 3d DCA 2006).

Cited 3 times | Published | Florida 3rd District Court of Appeal | 2006 WL 1751755

...quirement, the trial court may exercise its discretion in deciding when those plaintiffs must make their prima facie showing. The trial court, however, lacks the authority to waive the statutory requirement altogether. Our conclusion is supported by section 774.202, which clearly states the purpose of ASCFA: 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;...

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Am. Optical Corp. v. Spiewak, 73 So. 3d 120 (Fla. 2011).

Cited 3 times | Published | Supreme Court of Florida | 2011 WL 2652189

...The decision of the Fourth District is now before this Court for review. The Asbestos and Silica Compensation Fairness Act The Act was created by chapter 2005-274, Laws of Florida. The preamble to the legislation provides multiple statements with regard to asbestos litigation, and section 774.202, Florida Statutes (2010), provides that the Act serves four purposes: (1) to give priority to “true” victims of asbestos (i.e., those claimants who can demonstrate “actual physical impairment” caused by asbestos exposure); (2)...

...resources of defendants to permit compensation to cancer victims and individuals who are currently “physically impaired,” while securing the right to similar compensation to individuals who may suffer “physical impairment” in the future. See § 774.202, Fla....

...have some physical sign of exposure but who suffer no present asbestos-related impairment.” Ch.2005-274, preamble, at 2564, Laws of Fla. Further, one of the stated purposes of the Act is to give priority to the “true” victims of asbestos. See § 774.202(1), Fla....

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Mobil Corp. v. Mallia, 933 So. 2d 613 (Fla. 3d DCA 2006).

Published | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 10692

altogether. Our conclusion is supported by section 774.202, which clearly states the purpose of ASCFA: