The 2023 Florida Statutes (including Special Session C)

Title XLV
TORTS

Chapter 774
ASBESTOS-RELATED AND SILICA-RELATED CLAIMS

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F.S. 774.205

774.205 Claimant proceedings.—

(1) A civil action alleging an asbestos or silica claim may be brought in the courts of this state if the plaintiff is domiciled in this state or the exposure to asbestos or silica that is a substantial contributing factor to the physical impairment of the plaintiff on which the claim is based occurred in this state.

(2) A plaintiff in a civil action alleging an asbestos or silica claim must include with the complaint or other initial pleading a written report and supporting test results constituting prima facie evidence of the exposed person’s asbestos-related or silica-related physical impairment meeting the requirements of s. 774.204(2), (3), (5), or (6). For any asbestos or silica claim pending on the effective date of this act, the plaintiff must file the report and supporting test results at least 30 days before setting a date for trial. The defendant must be afforded a reasonable opportunity to challenge the adequacy of the proffered prima facie evidence of asbestos-related impairment. The claim of the plaintiff shall be dismissed without prejudice upon a finding of failure to make the required prima facie showing.

(3) All asbestos claims and silica claims filed in this state on or after the effective date of this act must include, in addition to the written report described in subsection (2) and the information required by s. 774.207(2), a sworn information form containing the following information:

(a) The claimant’s name, address, date of birth, and marital status;

(b) If the claimant alleges exposure to asbestos or silica through the testimony of another person or alleges other than direct or bystander exposure to a product, the name, address, date of birth, and marital status for each person by which the claimant alleges exposure, hereinafter the “index person,” and the claimant’s relationship to each such person;

(d) The beginning and ending dates of each alleged exposure as to each asbestos product or silica product for each location at which exposure allegedly took place for the plaintiff and each index person;

(e) The occupation and name of the employer of the exposed person at the time of each alleged exposure;

(f) The specific condition related to asbestos or silica claimed to exist; and

(g) Any supporting documentation of the condition claimed to exist.

History.—s. 5, ch. 2005-274; s. 107, ch. 2006-1.

F.S. 774.205 on Google Scholar

F.S. 774.205 on Casetext

Amendments to 774.205

Arrestable Offenses / Crimes under Fla. Stat. 774.205

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 774.205.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BATCHELOR, v. AMERICAN OPTICAL CORP., 185 F. Supp. 3d 1358 (S.D. Fla. 2016)

. . . . § 774.205, Plaintiff also indicates that he may have been exposed to asbestos while engaging in personal . . . Stat. § 774.205. . . .

S. DUGAS v. COMPANY,, 101 F. Supp. 3d 1246 (M.D. Fla. 2015)

. . . is that Plaintiffs’ Second Amended Complaint should be dismissed for failure to comply with Section 774.205 . . . Section 774.205 sets forth specific and heightened pleading requirements for plaintiffs alleging a claim . . . Plaintiffs contend that Section 774.205 does not apply in this case because it conflicts with the concept . . . Stat § 774.205(2). . . . did not doom his case because Section 774.205 conflicted “with the basic notice pleading requirements . . .

AMERICAN OPTICAL CORPORATION, v. R. SPIEWAK, v. N., 73 So. 3d 120 (Fla. 2011)

. . . Section 774.205(2), Florida Statutes (2010), provides that a plaintiff in a civil action alleging an . . . Section 774.205(2) also provides that for any plaintiff who had a claim pending on the effective date . . .

CONSTANTINIDES, v. CBS CORPORATION,, 747 F. Supp. 2d 488 (E.D. Pa. 2010)

. . . . § 774.205). . . .

In QUIGLEY COMPANY, INC., 383 B.R. 19 (Bankr. S.D.N.Y. 2008)

. . . Ann, § 774.205(2); Ohio Rev.Code Ann, § 2307.93; Ga.Code Ann. § 51—14— 6(1-2). . . .

In ASBESTOS LITIGATION. v., 933 So. 2d 613 (Fla. Dist. Ct. App. 2006)

. . . Simply stated, section 774.205(2), Florida Statutes (2005), specifically provides that for any pending . . . See § 774.205(2), Fla. Stat. (2005). . . . In addition, section 774.205(2), Florida Statutes (2005), provides, in part, that: A plaintiff in a civil . . . Section 774.205(2) provides that plaintiffs filing new complaints must include the required prima facie . . . Thus, we conclude that the plain language of sections 774.204(2) and 774.205(2), the stated purposes . . .