reglab/housing_qa huggingface dataset:
FL Stat § 768.736 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part II - Damages (Ss. 768.71-768.81)|768.736 - Punitive damages; exceptions for intoxication.

768.736 Punitive damages; exceptions for intoxication.—Sections 768.725 and 768.73 do not apply to any defendant who, at the time of the act or omission for which punitive damages are sought, was under the influence of any alcoholic beverage or drug to the extent that the defendant’s normal faculties were impaired, or who had a blood or breath alcohol level of 0.08 percent or higher.History.—s. 25, ch. 99-225.
FL Stat § 768.737 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part II - Damages (Ss. 768.71-768.81)|768.737 - Punitive damages; application in arbitration.

768.737 Punitive damages; application in arbitration.—Where punitive damages are available as a remedy in an arbitration proceeding, ss. 768.72, 768.725, and 768.73 apply. When an award of punitive damages is made in an arbitration proceeding, the arbitrator who renders the award must issue a written opinion setting forth the conduct which gave rise to the award and how the arbitrator applied the standards in s. 768.72 to such conduct.History.—s. 26, ch. 99-225.
FL Stat § 768.74 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part II - Damages (Ss. 768.71-768.81)|768.74 - Remittitur and additur.

768.74 Remittitur and additur.—(1) In any action to which this part applies wherein the trier of fact determines that liability exists on the part of the defendant and a verdict is rendered which awards money damages to the plaintiff, it shall be the responsibility of the court, upon proper motion, to review the amount of such award to determine if such amount is excessive or inadequate in light of the facts and circumstances which were presented to the trier of fact.(2) If the court finds that the amount awarded is excessive or inadequate, it shall order a remittitur or additur, as the case may be.(3) It is the intention of the Legislature that awards of damages be subject to close scrutiny by the courts and that all such awards be adequate and not excessive.(4) If the party adversely affected by such remittitur or additur does not agree, the court shall order a new trial in the cause on the issue of damages only.(5) In determining whether an award is excessive or inadequate in light of the facts and circumstances presented to the trier of fact and in determining the amount, if any, that such award exceeds a reasonable range of damages or is inadequate, the court shall consider the following criteria:(a) Whether the amount awarded is indicative of prejudice, passion, or corruption on the part of the trier of fact;(b) Whether it appears that the trier of fact ignored the evidence in reaching a verdict or misconceived the merits of the case relating to the amounts of damages recoverable;(c) Whether the trier of fact took improper elements of damages into account or arrived at the amount of damages by speculation and conjecture;(d) Whether the amount awarded bears a reasonable relation to the amount of damages proved and the injury suffered; and(e) Whether the amount awarded is supported by the evidence and is such that it could be adduced in a logical manner by reasonable persons.(6) It is the intent of the Legislature to vest the trial courts of this state with the discretionary authority to review the amounts of damages awarded by a trier of fact in light of a standard of excessiveness or inadequacy. The Legislature recognizes that the reasonable actions of a jury are a fundamental precept of American jurisprudence and that such actions should be disturbed or modified with caution and discretion. However, it is further recognized that a review by the courts in accordance with the standards set forth in this section provides an additional element of soundness and logic to our judicial system and is in the best interests of the citizens of this state.History.—s. 53, ch. 86-160.
FL Stat § 768.77 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part II - Damages (Ss. 768.71-768.81)|768.77 - Itemized verdict.

768.77 Itemized verdict.—(1) Except as provided in subsection (2), in any action to which this part applies in which the trier of fact determines that liability exists on the part of the defendant, the trier of fact shall, as a part of the verdict, itemize the amounts to be awarded to the claimant into the following categories of damages:(a) Amounts intended to compensate the claimant for economic losses;(b) Amounts intended to compensate the claimant for noneconomic losses; and(c) Amounts awarded to the claimant for punitive damages, if applicable.(2) In any action for damages based on personal injury or wrongful death arising out of medical malpractice, whether in tort or contract, to which this part applies in which the trier of fact determines that liability exists on the part of the defendant, the trier of fact shall, as a part of the verdict, itemize the amounts to be awarded to the claimant into the following categories of damages:(a) Amounts intended to compensate the claimant for:1. Past economic losses; and2. Future economic losses, not reduced to present value, and the number of years or part thereof which the award is intended to cover;(b) Amounts intended to compensate the claimant for:1. Past noneconomic losses; and2. Future noneconomic losses and the number of years or part thereof which the award is intended to cover; and(c) Amounts awarded to the claimant for punitive damages, if applicable.History.—s. 56, ch. 86-160; s. 7, ch. 99-225; s. 68, ch. 2003-416.
FL Stat § 774.001 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 774 - Asbestos-Related and Silica-Related Claims|Part I - Asbestos-Related Claims (Ss. 774.001-774.008)|774.001 - Legislative findings and intent.

774.001 Legislative findings and intent.—The Legislature finds that the number of asbestos-related claims has increased significantly in recent years and threatens the continued viability of a number of uniquely situated companies that have not ever manufactured, sold, or distributed asbestos or asbestos products and are liable only as successor corporations. This liability has created an overpowering public necessity to provide an immediate, remedial, legislative solution. The Legislature intends that the cumulative recovery by all asbestos claimants from innocent successors be limited, and intends to simply change the form of asbestos claimants’ remedies without impairing their substantive rights, and finds that there are no alternative means to meet this public necessity. The Legislature finds the public interest as a whole is best served by providing relief to these innocent successors so that they may remain viable and continue to contribute to this state.History.—s. 1, ch. 2005-269.
FL Stat § 774.002 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 774 - Asbestos-Related and Silica-Related Claims|Part I - Asbestos-Related Claims (Ss. 774.001-774.008)|774.002 - Definitions.

774.002 Definitions.—(1) “Asbestos claim” means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos, including:(a) The health effects of exposure to asbestos, including any claim for:1. Personal injury or death;2. Mental or emotional injury;3. Risk of disease or other injury; or4. The costs of medical monitoring or surveillance, to the extent these claims are recognized under state law;(b) Any claim made by or on behalf of a person exposed to asbestos, or a representative, spouse, parent, child, or other relative of the person; and(c) Any claim for damage or loss caused by the installation, presence, or removal of asbestos.(2) “Corporation” means a corporation for profit, including a domestic corporation organized under the laws of this state, or a foreign corporation organized under laws other than the laws of this state.(3) “Successor” means a corporation that assumes or incurs, or has assumed or incurred, successor asbestos-related liabilities.(4) “Successor asbestos-related liabilities” means any liabilities, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or unaccrued, liquidated or unliquidated, or due or to become due, which are related in any way to asbestos claims and were assumed or incurred by a corporation as a result of or in connection with a merger or consolidation, or the plan of merger or consolidation related to the merger or consolidation, with or into another corporation, or which are related in any way to asbestos claims based on the exercise of control or the ownership of stock of the corporation before the merger or consolidation. The term includes liabilities that, after the time of the merger or consolidation for which the fair market value of total gross assets is determined under s. 774.004 were or are paid or otherwise discharged, or committed to be paid or otherwise discharged, by or on behalf of the corporation, or by a successor of the corporation, or by or on behalf of a transferor, in connection with settlements, judgments, or other discharges in this state or another jurisdiction.(5) “Transferor” means a corporation from which successor asbestos-related liabilities are or were assumed or incurred.History.—s. 2, ch. 2005-269.
FL Stat § 774.003 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 774 - Asbestos-Related and Silica-Related Claims|Part I - Asbestos-Related Claims (Ss. 774.001-774.008)|774.003 - Applicability.

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;(c) An insurance company, as defined in s. 717.101;(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.
FL Stat § 774.004 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 774 - Asbestos-Related and Silica-Related Claims|Part I - Asbestos-Related Claims (Ss. 774.001-774.008)|774.004 - Limitations on successor asbestos-related liabilities.

774.004 Limitations on successor asbestos-related liabilities.—(1) Except as further limited in subsection (2), the cumulative successor asbestos-related liabilities of a corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The corporation does not have any responsibility for successor asbestos-related liabilities in excess of this limitation.(2) If the transferor had assumed or incurred successor asbestos-related liabilities in connection with a prior merger or consolidation with a prior transferor, the fair market value of the total assets of the prior transferor, determined as of the time of the earlier merger or consolidation, shall be substituted for the limitation set forth in subsection (1) for purposes of determining the limitation of liability of a corporation.History.—s. 4, ch. 2005-269.
FL Stat § 774.005 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 774 - Asbestos-Related and Silica-Related Claims|Part I - Asbestos-Related Claims (Ss. 774.001-774.008)|774.005 - Establishing fair market value of total gross assets.

774.005 Establishing fair market value of total gross assets.—(1) A corporation may establish the fair market value of total gross assets for the purpose of the limitations under s. 774.004 through any method reasonable under the circumstances, including:(a) By reference to the going concern value of the assets or to the purchase price attributable to or paid for the assets in an arm’s length transaction; or(b) In the absence of other readily available information from which fair market value can be determined, by reference to the value of the assets recorded on a balance sheet.(2) Total gross assets include intangible assets.(3) Total gross assets include the aggregate coverage under any applicable liability insurance that was issued to the transferor whose assets are being valued for purposes of this section, which insurance has been collected or is collectible to cover successor asbestos-related liabilities except compensation for liabilities arising from workers’ exposure to asbestos solely during the course of their employment by the transferor. A settlement of a dispute concerning the insurance coverage entered into by a transferor or successor with the insurers of the transferor before the effective date of this act shall be determinative of the aggregate coverage of the liability insurance to be included in the calculation of the transferor’s total gross assets.History.—s. 5, ch. 2005-269.
FL Stat § 774.006 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 774 - Asbestos-Related and Silica-Related Claims|Part I - Asbestos-Related Claims (Ss. 774.001-774.008)|774.006 - Adjustment.

774.006 Adjustment.—(1) Except as provided in subsections (2), (3), and (4), the fair market value of total gross assets at the time of a merger or consolidation shall increase annually at a rate equal to the sum of:(a) The prime rate as listed in the first edition of the Wall Street Journal published for each calendar year since the merger or consolidation, unless the prime rate is not published in that edition of the Wall Street Journal, in which case any reasonable determination of the prime rate on the first day of the year may be used; and(b) One percent.(2) The rate in subsection (1) may not be compounded.(3) The adjustment of fair market value of total gross assets shall continue as provided under subsection (1) until the date the adjusted value is first exceeded by the cumulative amounts of successor asbestos-related liabilities paid or committed to be paid by or on behalf of the corporation or a predecessor, or by or on behalf of a transferor, after the time of the merger or consolidation for which the fair market value of total gross assets is determined.(4) No adjustment of the fair market value of total gross assets shall be applied to any liability insurance otherwise included in the definition of total gross assets by s. 774.005(3).History.—s. 6, ch. 2005-269.
FL Stat § 774.007 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 774 - Asbestos-Related and Silica-Related Claims|Part I - Asbestos-Related Claims (Ss. 774.001-774.008)|774.007 - Scope.

774.007 Scope.—The courts in this state shall apply, to the fullest extent permissible under the United States Constitution, this state’s substantive law, including the limitation under this act, to the issue of successor asbestos-related liabilities. This act shall be construed liberally to accomplish its remedial purposes.History.—s. 7, ch. 2005-269.
FL Stat § 774.008 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 774 - Asbestos-Related and Silica-Related Claims|Part I - Asbestos-Related Claims (Ss. 774.001-774.008)|774.008 - Severability.

774.008 Severability.—If any provision of this act or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.History.—s. 8, ch. 2005-269.
FL Stat § 774.201 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 774 - Asbestos-Related and Silica-Related Claims|Part II - Asbestos and Silica Compensation Fairness Act (Ss. 774.201-774.209)|774.201 - Short title.

774.201 Short title.—This act may be cited as the “Asbestos and Silica Compensation Fairness Act”.History.—s. 1, ch. 2005-274.
FL Stat § 774.202 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 774 - Asbestos-Related and Silica-Related Claims|Part II - Asbestos and Silica Compensation Fairness Act (Ss. 774.201-774.209)|774.202 - Purpose.

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.
FL Stat § 774.205 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 774 - Asbestos-Related and Silica-Related Claims|Part II - Asbestos and Silica Compensation Fairness Act (Ss. 774.201-774.209)|774.205 - Claimant proceedings.

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;(c) The specific location of each alleged exposure;(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.
FL Stat § 774.206 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 774 - Asbestos-Related and Silica-Related Claims|Part II - Asbestos and Silica Compensation Fairness Act (Ss. 774.201-774.209)|774.206 - Statute of limitations; two-disease rule.

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.
FL Stat § 774.207 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 774 - Asbestos-Related and Silica-Related Claims|Part II - Asbestos and Silica Compensation Fairness Act (Ss. 774.201-774.209)|774.207 - Scope of liability; damages.

774.207 Scope of liability; damages.—(1) Punitive damages may not be awarded in any civil action alleging an asbestos or silica claim.(2) At the time a complaint is filed in a civil action alleging an asbestos or silica claim, the plaintiff must file a verified written report with the court which discloses the total amount of any collateral source payments received, including payments that the plaintiff will receive in the future, as a result of settlements or judgments based upon the same claim. For any asbestos or silica claim pending on the effective date of this act, the plaintiff shall file a verified written report within 60 days after the effective date of this act, or at least 30 days before trial. Further, the plaintiff must update the reports on a regular basis during the course of the proceeding until a final judgment is entered in the case. The court shall permit setoff, based on the collateral source payment information provided, in accordance with the laws of this state as of the effective date of this act.History.—s. 7, ch. 2005-274.