reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XLV - Torts › Chapter 771 - Actions for Alienation of Affections, Criminal Conversation, Seduction, or Breach of Contract to Marry › 771.04 - No Act Done in State to Give Cause of Action.

771.04 No act done in state to give cause of action.—No act hereafter done within this state shall operate to give rise, either within or without this state, to any of the rights of action abolished by this law. No contract to marry hereafter made or entered into in this state shall operate to give rise, either within or without this state, to any cause or right of action for the breach thereof.
History.—s. 4, ch. 23138, 1945.
2023 Florida Statutes › Title XLV - Torts › Chapter 771 - Actions for Alienation of Affections, Criminal Conversation, Seduction, or Breach of Contract to Marry › 771.05 - Unlawful to File Certain Causes of Action.

771.05 Unlawful to file certain causes of action.—It shall hereafter be unlawful for any person, either as a party or attorney, or an agent or other person in behalf of either, to file or serve, cause to be filed or served, threaten to file or serve, or threaten to cause to be filed or served, any process or pleading, in any court of the state, setting forth or seeking to recover a sum of money upon any cause of action abolished or barred by this law, whether such cause of action arose within or without the state.
History.—s. 5, ch. 23138, 1945; s. 234, ch. 77-104.
2023 Florida Statutes › Title XLV - Torts › Chapter 771 - Actions for Alienation of Affections, Criminal Conversation, Seduction, or Breach of Contract to Marry › 771.06 - Validity of Certain Contracts.

771.06 Validity of certain contracts.—All contracts and instruments of every kind, name, nature or description, which may hereafter be executed within this state in payment, satisfaction, settlement or compromise of any claim or cause of action abolished or barred by this law, whether such claim or cause of action arose within or without this state, are hereby declared to be contrary to the public policy of this state and absolutely void. It shall be unlawful to cause, induce or procure any person to execute such a contract or instrument; or cause, induce or procure any person to give, pay, transfer or deliver any money or thing of value in payment, satisfaction, settlement or compromise of any such claim or cause of action; or to receive, take, or accept any such money or thing of value as such payment, satisfaction, settlement, or compromise. It shall be unlawful to commence or cause to be commenced, either as party or attorney, or as agent or otherwise in behalf of either, in any court of this state, any proceeding or action seeking to enforce or recover upon any such contract or instrument, knowing it to be such, whether the same shall have been executed within or without this state; provided, however, that this section shall not apply to the payment, satisfaction, settlement, or compromise of any causes of action which are not abolished or barred by this law, or any contracts or instruments heretofore executed, or to the bona fide holder in due course of any negotiable instrument which may be hereafter executed.
History.—s. 6, ch. 23138, 1945.
2023 Florida Statutes › Title XLV - Torts › Chapter 771 - Actions for Alienation of Affections, Criminal Conversation, Seduction, or Breach of Contract to Marry › 771.07 - Penalties.

771.07 Penalties.—Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 7, ch. 23138, 1945; s. 698, ch. 71-136.
2023 Florida Statutes › Title XLV - Torts › Chapter 771 - Actions for Alienation of Affections, Criminal Conversation, Seduction, or Breach of Contract to Marry › 771.08 - Construction of Law.

771.08 Construction of law.—This law shall be liberally construed to effectuate the objects and purposes thereof and the public policy of the state as hereby declared. This law shall supersede all laws and parts of laws, inconsistent with this law, to the extent of such inconsistency, but in all other respects shall be deemed supplemental to such laws and parts of laws. Nothing contained in this law shall be construed as a repeal of any of the provisions of the penal law or the code of criminal procedure or of any other law of this state relating to criminal or quasi-criminal actions or proceedings.
History.—ss. 8, 9, ch. 23138, 1945.
2023 Florida Statutes › Title XLV - Torts › Chapter 772 - Civil Remedies for Criminal Practices › 772.103 - Prohibited Activities.

772.103 Prohibited activities.—It is unlawful for any person:
(1) Who has with criminal intent received any proceeds derived, directly or indirectly, from a pattern of criminal activity or through the collection of an unlawful debt to use or invest, whether directly or indirectly, any part of such proceeds, or the proceeds derived from the investment or use thereof, in the acquisition of any title to, or any right, interest, or equity in, real property or in the establishment or operation of any enterprise.
(2) Through a pattern of criminal activity or through the collection of an unlawful debt, to acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property.
(3) Employed by, or associated with, any enterprise to conduct or participate, directly or indirectly, in such enterprise through a pattern of criminal activity or the collection of an unlawful debt.
(4) To conspire or endeavor to violate any of the provisions of subsection (1), subsection (2), or subsection (3).
History.—s. 3, ch. 86-277.
2023 Florida Statutes › Title XLV - Torts › Chapter 772 - Civil Remedies for Criminal Practices › 772.104 - Civil Cause of Action.

772.104 Civil cause of action.—
(1) Any person who proves by clear and convincing evidence that he or she has been injured by reason of any violation of the provisions of s. 772.103 shall have a cause of action for threefold the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $200, and reasonable attorney’s fees and court costs in the trial and appellate courts.
(2) As an alternative to recovery under subsection (1), any person who proves by clear and convincing evidence that he or she has been injured by reason of any violation of the provisions of s. 772.103 due to sex trafficking or human trafficking shall have a cause of action for threefold the amount gained from the sex trafficking or human trafficking and in any such action is entitled to minimum damages in the amount of $200 and reasonable attorney’s fees and court costs in the trial and appellate courts.
(3) In no event shall punitive damages be awarded under this section. The defendant shall be entitled to recover reasonable attorney’s fees and court costs in the trial and appellate courts upon a finding that the claimant raised a claim which was without substantial fact or legal support. In awarding attorney’s fees and costs under this section, the court shall not consider the ability of the opposing party to pay such fees and costs. Nothing under this section shall be interpreted as limiting any right to recover attorney’s fees or costs provided under other provisions of law.
History.—s. 3, ch. 86-277; s. 1180, ch. 97-102; s. 3, ch. 2006-168.
2023 Florida Statutes › Title XLV - Torts › Chapter 772 - Civil Remedies for Criminal Practices › 772.11 - Civil Remedy for Theft or Exploitation.

772.11 Civil remedy for theft or exploitation.—
(1) Any person who proves by clear and convincing evidence that he or she has been injured in any fashion by reason of any violation of ss. 812.012-812.037 or s. 825.103(1) has a cause of action for threefold the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $200, and reasonable attorney’s fees and court costs in the trial and appellate courts. Before filing an action for damages under this section, the person claiming injury must make a written demand for $200 or the treble damage amount of the person liable for damages under this section. If the person to whom a written demand is made complies with such demand within 30 days after receipt of the demand, that person shall be given a written release from further civil liability for the specific act of theft or exploitation by the person making the written demand. Any person who has a cause of action under this section may recover the damages allowed under this section from the parents or legal guardian of any unemancipated minor who lives with his or her parents or legal guardian and who is liable for damages under this section. Punitive damages may not be awarded under this section. The defendant is entitled to recover reasonable attorney’s fees and court costs in the trial and appellate courts upon a finding that the claimant raised a claim that was without substantial fact or legal support. In awarding attorney’s fees and costs under this section, the court may not consider the ability of the opposing party to pay such fees and costs. This section does not limit any right to recover attorney’s fees or costs provided under any other law.
(2) For purposes of a cause of action arising under this section, the term “property” does not include the rights of a patient or a resident or a claim for a violation of such rights.
(3) This section does not impose civil liability regarding the provision of health care, residential care, long-term care, or custodial care at a licensed facility or care provided by appropriately licensed personnel in any setting in which such personnel are authorized to practice.
(4) The death of an elderly or disabled person does not cause the court to lose jurisdiction of any claim for relief for theft or exploitation when the victim of the theft or exploitation is an elderly or disabled person.
(5) In a civil action under this section in which an elderly or disabled person is a party, the elderly or disabled person may move the court to advance the trial on the docket. The presiding judge, after consideration of the age and health of the party, may advance the trial on the docket. The motion may be filed and served with the civil complaint or at any time thereafter.
History.—s. 3, ch. 86-277; s. 47, ch. 88-381; s. 5, ch. 89-303; s. 1181, ch. 97-102; s. 2, ch. 2002-195; s. 8, ch. 2014-200.
2023 Florida Statutes › Title XLV - Torts › Chapter 772 - Civil Remedies for Criminal Practices › 772.12 - Drug Dealer Liability Act.

772.12 Drug Dealer Liability Act.—
(1) This section may be cited as the “Hugh O’Connor Memorial Act.”
(2) A person, including any governmental entity, has a cause of action for threefold the actual damages sustained and is entitled to minimum damages in the amount of $1,000 and reasonable attorney’s fees and court costs in the trial and appellate courts, if the person proves by the greater weight of the evidence that:
(a) The person was injured because of the defendant’s actions that resulted in the defendant’s conviction for:
1. A violation of s. 893.13, except for a violation of s. 893.13(2)(a) or (b), (3), (5), (6)(a), (b), or (c), (7); or
2. A violation of s. 893.135; and
(b) The person was not injured by reason of his or her participation in the same act or transaction that resulted in the defendant’s conviction for any offense described in subparagraph (a)1.
(3) For purposes of this section, the term “conviction” means a finding of guilt, with or without adjudication of guilt, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
(4) A person who has a cause of action under this section may recover the damages allowed under this section from the parent or legal guardian of an unemancipated minor who is liable for the damages and who lives with his or her parent or legal guardian, if the person proves by clear and convincing evidence that the parent or legal guardian was aware of or recklessly disregarded facts demonstrating that the minor intended to commit the act giving rise to a cause of action under this section. The parent or legal guardian of an unemancipated minor is not liable under this section, under any circumstance, for the actions of the minor, if the court finds that the parent or legal guardian made a good faith effort to prevent the minor from engaging in the act giving rise to a cause of action under this section.
(5) A defendant may recover reasonable attorney’s fees and court costs in the trial and appellate courts upon a finding that there is a complete absence of a justiciable issue of either law or fact raised by the complaint.
History.—s. 1, ch. 97-80; s. 15, ch. 2000-320; s. 10, ch. 2005-128; s. 38, ch. 2016-105; s. 120, ch. 2019-167.
2023 Florida Statutes › Title XLV - Torts › Chapter 772 - Civil Remedies for Criminal Practices › 772.13 - Civil Remedy for Terrorism or Facilitating or Furthering Terrorism.

772.13 Civil remedy for terrorism or facilitating or furthering terrorism.—
(1) A person who is injured by an act of terrorism as defined in s. 775.30 or a violation of a law for which the penalty is increased pursuant to s. 775.31 for facilitating or furthering terrorism has a cause of action for threefold the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $1,000 and reasonable attorney fees and court costs in the trial and appellate courts.
(2) A person injured by reason of his or her participation in the same act or transaction that resulted in the act of terrorism or resulted in the defendant’s penalty increase pursuant to s. 775.31 may not bring a claim under this section.
(3) The defendant is entitled to recover reasonable attorney fees and court costs in the trial and appellate courts upon a finding that the claimant raised a claim that was without support in fact or law.
(4) In awarding attorney fees and court costs under this section, the court may not consider the ability of the opposing party to pay such fees and court costs.
(5) This section does not limit a right to recover attorney fees or costs under other provisions of law.
(6)(a) In any postjudgment execution proceedings to enforce a judgment entered under this section or under 18 U.S.C. s. 2333 or a substantially similar law of the United States or of any state or territory of the United States:
1. There is no right to a jury trial under s. 56.18 or s. 77.08; and
2. A defendant or a person may not use the resources of the courts of this state in furtherance of a defense or objection to postjudgment collection proceedings if the defendant or person purposely leaves the jurisdiction of this state or the United States, declines to enter or reenter this state or the United States to submit to its jurisdiction, or otherwise evades the jurisdiction of the court in which a criminal case is pending against the defendant or person. This subparagraph applies to any entity that is owned or controlled by a person to whom this paragraph applies.
(b) Paragraph (a) applies to any judgment collectible under state law and to any civil action pending or filed on or after June 20, 2023.
History.—s. 1, ch. 2017-44; ss. 1, 2, ch. 2023-267.
2023 Florida Statutes › Title XLV - Torts › Chapter 772 - Civil Remedies for Criminal Practices › 772.14 - Estoppel of Defendant.

772.14 Estoppel of defendant.—A final judgment or decree rendered in favor of the state in any criminal proceeding concerning the conduct of the defendant which forms the basis for a civil cause of action under this chapter, or in any criminal proceeding under chapter 895, shall estop the defendant in any action brought pursuant to this chapter as to all matters as to which such judgment or decree would be an estoppel as if the plaintiff had been a party in the criminal action.
History.—s. 3, ch. 86-277.
2023 Florida Statutes › Title XLV - Torts › Chapter 772 - Civil Remedies for Criminal Practices › 772.15 - Admissibility of Not Guilty Verdict.

772.15 Admissibility of not guilty verdict.—A verdict or adjudication of not guilty rendered in favor of the defendant or in favor of any other person whose conduct forms the basis for a claim under this chapter shall be admissible in evidence, but shall not act as an estoppel against the plaintiff.
History.—s. 3, ch. 86-277.
2023 Florida Statutes › Title XLV - Torts › Chapter 772 - Civil Remedies for Criminal Practices › 772.17 - Limitation of Actions.

772.17 Limitation of actions.—Notwithstanding any other provision of law, a civil action or proceeding under this chapter may be commenced at any time within 5 years after the conduct in violation of a provision of this act terminates or the cause of action accrues. If a criminal prosecution or civil action or other proceeding is brought or intervened in by the state or by the United States to punish, prevent, or restrain any criminal activity or criminal conduct which forms the basis for a civil action under this chapter, the running of the period of limitations prescribed by this section shall be suspended during the pendency of such prosecution, action, or proceeding and for 2 years following its termination.
History.—s. 3, ch. 86-277.
2023 Florida Statutes › Title XLV - Torts › Chapter 772 - Civil Remedies for Criminal Practices › 772.18 - Cumulative Remedy.

772.18 Cumulative remedy.—The application of one civil remedy under this chapter does not preclude the application of any other remedy, civil or criminal, under this chapter or any other provision of law. Civil remedies under this act are supplemental, and not mutually exclusive.
History.—s. 3, ch. 86-277.
2023 Florida Statutes › Title XLV - Torts › Chapter 773 - Equine Activities › 773.02 - General Provisions.

773.02 General provisions.—Except as provided in s. 773.03, an equine activity sponsor, an equine professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities and, except as provided in s. 773.03, no participant nor any participant’s representative shall have any claim against or recover from any equine activity sponsor, equine professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activities.
History.—s. 89, ch. 93-169; s. 93, ch. 99-3.
2023 Florida Statutes › Title XLV - Torts › Chapter 773 - Equine Activities › 773.03 - Limitation on Liability for Equine Activity; Exceptions.

773.03 Limitation on liability for equine activity; exceptions.—
(1) This section applies to the horseracing industry as defined in chapter 550.
(2) Nothing in s. 773.02 shall prevent or limit the liability of an equine activity sponsor, an equine professional, or any other person if the equine activity sponsor, equine professional, or person:
(a) Provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and it was so faulty as to be totally or partially responsible for the injury;
(b) Provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity, or to determine the ability of the participant to safely manage the particular equine based on the participant’s representation of his or her ability;
(c) Owns, leases, rents, has authorized use of, or is otherwise in lawful possession and control of the land or facilities upon which the participant was injured, and the injury was due totally or in part, to a dangerous latent condition which was known to the equine activity sponsor, equine professional, or person and failed to post warning signs;
(d) Commits an act or omission that a reasonably prudent person would not have done or omitted under the same or similar circumstances or that constitutes willful or wanton disregard for the safety of the participant, which act or omission was a proximate cause of the injury; or
(e) Intentionally injures the participant.
History.—s. 90, ch. 93-169; s. 1183, ch. 97-102; s. 30, ch. 2000-354.
2023 Florida Statutes › Title XLV - Torts › Chapter 773 - Equine Activities › 773.04 - Posting and Notification.

773.04 Posting and notification.—
(1) Every equine activity sponsor and equine professional shall:
(a) Post and maintain one or more signs which contain the warning notice specified in subsection (2). These signs shall be placed in a clearly visible location near to where the equine activity begins. The warning notice specified in subsection (2) shall appear on the sign in black letters, with each letter to be a minimum of 1 inch in height, with sufficient color contrast to be clearly distinguishable.
(b) Give the participant a written document which the participant shall sign with the warning notice specified in subsection (2) clearly printed on it. Said written document may be used in lieu of posting the warning on the site of the equine activity sponsor’s or equine professional’s facility, and shall be given to any participant in an equine event not on the location of the equine activity sponsor’s or equine professional’s facility.
(2) The signs and document described in subsection (1) shall contain the following warning notice:
WARNING
Under Florida law, an equine activity sponsor or equine professional is not liable for an injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities.
History.—s. 91, ch. 93-169.
2023 Florida Statutes › Title XLV - Torts › Chapter 773 - Equine Activities › 773.05 - Limitation on Liability of Persons Making Land Available to Public for Recreational Purposes.

773.05 Limitation on liability of persons making land available to public for recreational purposes.—Nothing in ss. 773.01-773.05 shall be construed to limit in any way the limitation of liability granted to private citizens who allow the public to use their land for recreational purposes, as provided in s. 375.251.
History.—s. 92, ch. 93-169; s. 94, ch. 99-3.
2023 Florida Statutes › Title XLV - Torts › Chapter 773 - Equine Activities › 773.06 - Helmet Requirements; Penalties.

773.06 Helmet requirements; penalties.—
(1) As used in this section, the term “equine” has the same meaning as provided in s. 773.01.
(2) A child who is younger than 16 years of age must wear a helmet that meets the current applicable standards of the American Society of Testing and Materials for protective headgear used in horseback riding and that is properly fitted and fastened securely upon the child’s head by a strap when the child is riding an equine upon:
(a) A public roadway or right-of-way;
(b) A public equestrian trail, public recreational trail, public park or preserve, or public school site; or
(c) Any other publicly owned or controlled property.
(3) A trainer, instructor, supervisor, or other person may not knowingly rent or lease an equine to be ridden by a child younger than 16 years of age unless the child possesses a helmet meeting the requirements of this section or the trainer, instructor, supervisor, or other person renting or leasing the equine supplies the child with a helmet meeting the standards of this section.
(4) A parent or guardian of a child younger than 16 years of age may not authorize or knowingly permit the child to violate this section.
(5) A person who violates subsection (3) or subsection (4) commits a noncriminal violation, punishable as provided in s. 775.083.
(6) This section does not apply to a child younger than 16 years of age who is riding an equine when the child is:
(a) Practicing for, riding to or from, or competing or performing in shows or events, including, but not limited to, rodeos and parades, where helmets are not historically a part of the show or event;
(b) Riding on privately owned land even if the land is occasionally separated by a public road or right-of-way that must be crossed; or
(c) Engaged in an agricultural practice or pursuit.
History.—s. 3, ch. 2009-105.
2023 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.
2023 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; or
4. 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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) › 774.208 - Liability rules applicable to protect sellers, renters, and lessors.

774.208 Liability rules applicable to protect sellers, renters, and lessors.—
(1)(a) In a civil action alleging an asbestos or silica claim, a product seller other than a manufacturer is liable to a plaintiff only if the plaintiff establishes that:
1.a. The product that allegedly caused the harm that is the subject of the complaint was sold, rented, or leased by the product seller;
b. The product seller failed to exercise reasonable care with respect to the product; and
c. The failure to exercise reasonable care was a proximate cause of the harm to the exposed person;
2.a. The product seller made an express warranty applicable to the product that allegedly caused the harm that is the subject of the complaint, independent of any express warranty made by the manufacturer as to the same product;
b. The product failed to conform to the warranty; and
c. The failure of the product to conform to the warranty caused the harm to the exposed person; or
3.a. The product seller engaged in intentional wrongdoing, as determined under the law of this state; and
b. The intentional wrongdoing caused the harm that is the subject of the complaint.
(b) For the purpose of sub-subparagraph (a)1.b., a product seller may not be considered to have failed to exercise reasonable care with respect to a product based upon an alleged failure to inspect the product, if:
1. The failure occurred because there was no reasonable opportunity to inspect the product; or
2. The inspection, in the exercise of reasonable care, would not have revealed the aspect of the product which allegedly caused the exposed person’s impairment.
(2) In a civil action alleging an asbestos or silica claim, a person engaged in the business of renting or leasing a product is not liable for the tortious act of another solely by reason of ownership of that product.
History.—s. 8, ch. 2005-274; s. 108, ch. 2006-1.
2023 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) › 774.209 - Miscellaneous provisions.

774.209 Miscellaneous provisions.—
(1) This act does not affect the scope or operation of any workers’ compensation law or veterans’ benefit program, affect the exclusive remedy or subrogation provisions of the law, or authorize any lawsuit which is barred by law.
(2) Nothing in this act is intended to, and nothing in this act shall be interpreted to:
(a) Affect the rights of any party in bankruptcy proceedings; or
(b) Affect the ability of any person who is able to make a showing that the person satisfies the claim criteria for compensable claims or demands under a trust established under a plan of reorganization under chapter 11 of the United States Bankruptcy Code, 11 U.S.C. chapter 11, to make a claim or demand against that trust.
(3) It is the intent of the Legislature that this law render the utmost comity and respect to the constitutional prerogatives of the judiciary of this state, and nothing in this act should be construed as any effort to impinge upon those prerogatives. To that end, if the Florida Supreme Court enters a final judgment concluding or declaring that any provision of this act improperly encroaches on the authority of the court to adopt the rules of practice and procedure in the courts of this state, the Legislature intends that any such provision be construed as a request for a rule change under s. 2, Art. V of the State Constitution and not as a mandatory legislative directive.
(4) This act may not be interpreted to prevent any person from bringing or maintaining an asbestos claim based on nonoccupational exposure where such person would be otherwise able to bring or maintain a claim under this act.
(5) If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or application of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared severable.
History.—s. 9, ch. 2005-274.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 775 - General Penalties; Registration of Criminals › 775.01 - Common Law of England.

775.01 Common law of England.—The common law of England in relation to crimes, except so far as the same relates to the modes and degrees of punishment, shall be of full force in this state where there is no existing provision by statute on the subject.
History.—s. 1, Nov. 6, 1829; s. 1, Feb. 10, 1832; RS 2369; GS 3194; RGS 5024; CGL 7126.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 775 - General Penalties; Registration of Criminals › 775.011 - Short Title; Applicability to Antecedent Offenses.

775.011 Short title; applicability to antecedent offenses.—
(1) This act shall be known and may be cited as the “Florida Criminal Code.”
(2) Except as provided in subsection (3), the code does not apply to offenses committed prior to October 1, 1975, and prosecutions for such offenses shall be governed by the prior law. For the purposes of this section, an offense was committed prior to October 1, 1975, if any of the material elements of the offense occurred prior thereto.
(3) In any case pending on or after October 1, 1975, involving an offense committed prior to such date, the provisions of the code involving any quasi-procedural matter shall govern, insofar as they are justly applicable, and the provisions of the code according a defense or mitigation or establishing a penalty shall apply only with the consent of the defendant.
History.—s. 1, ch. 74-383; s. 43, ch. 75-298; s. 484, ch. 81-259.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 775 - General Penalties; Registration of Criminals › 775.012 - General Purposes.

775.012 General purposes.—The general purposes of the provisions of the code are:
(1) To proscribe conduct that improperly causes or threatens substantial harm to individual or public interest.
(2) To give fair warning to the people of the state in understandable language of the nature of the conduct proscribed and of the sentences authorized upon conviction.
(3) To define clearly the material elements constituting an offense and the accompanying state of mind or criminal intent required for that offense.
(4) To differentiate on reasonable grounds between serious and minor offenses and to establish appropriate disposition for each.
(5) To safeguard conduct that is without fault or legitimate state interest from being condemned as criminal.
(6) To ensure the public safety by deterring the commission of offenses and providing for the opportunity for rehabilitation of those convicted and for their confinement when required in the interests of public protection.
History.—s. 2, ch. 74-383; s. 1, ch. 77-174.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 775 - General Penalties; Registration of Criminals › 775.02 - Punishment of Common-Law Offenses.

775.02 Punishment of common-law offenses.—When there exists no such provision by statute, the court shall proceed to punish such offense by fine or imprisonment, but the fine shall not exceed $500, nor the imprisonment 12 months.
History.—s. 1, Nov. 6, 1829; RS 2370; GS 3195; RGS 5025; CGL 7127; s. 76, Feb. 10, 1832.