Florida Statute 774.206 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 774
ASBESTOS-RELATED AND SILICA-RELATED CLAIMS

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F.S. 774.206

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

Arrestable Offenses / Crimes under Fla. Stat. 774.206

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 774.206.

Annotations, Discussions, Cases:

Cases Citing Statute 774.206

Total Results: 5

American Optical Corp. v. Spiewak

Court: Supreme Court of Florida | Date Filed: 2011-07-08

Citation: 73 So. 3d 120, 2011 WL 2652189

Snippet: thirty days before a trial date may be set. Section 774.206(1), Florida Statutes (2010), provides that the

DaimlerChrysler Corp. v. Hurst

Court: District Court of Appeal of Florida | Date Filed: 2007-02-07

Citation: 949 So. 2d 279, 2007 WL 403637

Snippet: asbestos-related or silica-related condition," § 774.206(1), Fla. Stat. (2005), thereby protecting individuals

Mobil Corp. v. Mallia

Court: District Court of Appeal of Florida | Date Filed: 2006-06-28

Citation: 933 So. 2d 613, 2006 Fla. App. LEXIS 10692

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

In Re Asbestos Litigation

Court: District Court of Appeal of Florida | Date Filed: 2006-06-28

Citation: 933 So. 2d 613, 2006 WL 1751755

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

In Re Estate of Collin

Court: District Court of Appeal of Florida | Date Filed: 1979-03-21

Citation: 368 So. 2d 1350

Snippet: principally, In Re Heit's Estate, 26 Misc.2d 774, 206 N.Y.S.2d 59 (Sur.Ct., N.Y. Cty. 1960). We agree