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2010 Florida Statutes

Title XLV TORTS
Chapter 774 ASBESTOS-RELATED AND SILICA-RELATED CLAIMS Entire Chapter
SECTION 003
Applicability.
F.S. 774.003
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.
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s. 3, ch. 2005-269.