Florida Statute 774.003 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 774
ASBESTOS-RELATED AND SILICA-RELATED CLAIMS

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F.S. 774.003

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 440 or a comparable workers’ compensation law of another jurisdiction;

(b) Any claim against a corporation that does not constitute a successor asbestos-related liability;

(d) Any obligations under the National Labor Relations Act, as amended, or under any collective bargaining agreement; or

(e) A successor that, after a merger or consolidation, continued in the business of mining asbestos; in the business of selling or distributing asbestos fibers; or in the business of manufacturing, distributing, removing, or installing asbestos-containing products that were the same or substantially the same as those products previously manufactured, distributed, removed, or installed by the transferor.

History.—s. 3, ch. 2005-269.

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Amendments to 774.003

Annotations, Discussions, Cases:

Cases Citing Statute 774.003

Total Results: 3

Conservation Alliance of St. Lucie County, Inc. v. U.S. Department of Transportation

847 F.3d 1309, 47 Envtl. L. Rep. (Envtl. Law Inst.) 20020, 2017 WL 461000, 2017 U.S. App. LEXIS 1922

Court of Appeals for the Eleventh Circuit | Filed: Feb 3, 2017 | Docket: 4579962

Published

in costs among the alternatives. 23 C.F.R. § 774.3(c)(1). This is “a simple balancing process which

Conservation Alliance v. United States Department of Transportation

145 F. Supp. 3d 1198, 2015 U.S. Dist. LEXIS 157599, 2015 WL 7351544

District Court, S.D. Florida | Filed: Nov 5, 2015 | Docket: 64305408

Published

harm in light of the statute’s purpose. 23 C.F.R. § 774.3(c). Seven factors govern this inquiry: (i) The

Citizens for Smart Growth v. Peters

716 F. Supp. 2d 1215, 2010 U.S. Dist. LEXIS 54284, 2010 WL 1817332

District Court, S.D. Florida | Filed: May 3, 2010 | Docket: 2403903

Published

F.R. § 771.135 and replacing it with 23 C.F.R. § 774.3. 73 Fed.Reg. 13368, 13395. Courts have cited to