Florida’s Asbestos and Silica Compensation Fairness Act

This paper highlights the significant portions of the Asbestos and Silica Compensation Fairness Act of 2005 (the Act) and how the new criteria will be applied to future cases, as well as the potential impact the Act may have on pending cases. The Florida legislature overwhelmingly passed the Act, HB 1019, before ending its regular session on May 6. This Act, which establishes medical criteria for plaintiffs claiming injury from asbestos or silica exposure, is expected to be signed into law by Governor Bush within the next few days. If so, Florida will follow Ohio, Georgia, and Texas as the fourth state to enact such legislation. Momentum for this type of legislation has been growing across the country. Similar bills are pending in Missouri, West Virginia, and the U.S. House of Representatives.

Florida’s legislation is aimed at unclogging its courts and relieving defendants of the tremendous financial burden of defending or settling claims brought by unimpaired plaintiffs. The Legislature hopes that the Act will allow plaintiffs with the most serious injuries to recover fully and promptly, now and in the future.

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