Florida Statute 774.206 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 774
ASBESTOS-RELATED AND SILICA-RELATED CLAIMS

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774.206 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 physically impaired by an asbestos-related or silica-related condition.

(2) An asbestos or silica claim arising out of a nonmalignant condition shall be a distinct cause of action from an asbestos or silica claim relating to the same exposed person arising out of asbestos-related or silica-related cancer. Damages may not be awarded for fear or risk of cancer in a civil action asserting an asbestos or silica claim.

(3) A settlement of a nonmalignant asbestos or silica claim concluded after the effective date of this act may not require, as a condition of settlement, the release of any future claim for asbestos-related or silica-related cancer.

History.—s. 6, ch. 2005-274.

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Amendments to 774.206

Annotations, Discussions, Cases:

Cases Citing Statute 774.206

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

...atute of 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 physically impaired by an asbestos-related or silica-related condition," § 774.206(1), Fla....

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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

...NOTES [1] In addition to deferring the claims of persons who are not sick, the legislature also addressed the concern on the opposite hand that such persons' claims might be barred by the statute of limitations if they later become sick. It dealt with this concern by enacting section 774.206(1), which provides in part that the limitations period on an asbestos claim 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 physically impaired by an asbestos-related condition....

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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

...(2010). Section 774.205(2) also provides that for any plaintiff who had a claim pending on the effective date of the Act (which includes all of the Appellees), the report and test results must be filed at least thirty days before a trial date may be set. Section 774.206(1), Florida Statutes (2010), provides that the statute of limitations does not begin to run on an asbestos claim arising out of a nonmalignant condition “until the exposed person discovers, or through the exercise of reasonable dili...

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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

sick. It dealt with this concern by enacting section 774.206(1), which provides in part that the limitations