CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. CS for SB 1372, 2nd Eng.
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Gottlieb offered the following:
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13 Amendment (with title amendment)
14 On page 82, between lines 12 & 13 of the bill
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16 insert:
17 Section 75. Section 626.9543, Florida Statutes, is
18 created to read:
19 626.9543 Holocaust victims.--
20 (1) SHORT TITLE.--This section may be cited as the
21 "Holocaust Victims Insurance Act."
22 (2) INTENT; PURPOSE.--It is the Legislature's intent
23 that the potential and actual insurance claims of Holocaust
24 victims and their heirs and beneficiaries be expeditiously
25 identified and properly paid and that Holocaust victims and
26 their families receive appropriate assistance in the filing
27 and payment of their rightful claims.
28 (3) DEFINITIONS.--For the purpose of this section:
29 (a) "Department" means the Department of Insurance.
30 (b) "Holocaust victim" means any person who lost his
31 or her life or property as a result of discriminatory laws,
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HOUSE AMENDMENT
Bill No. CS for SB 1372, 2nd Eng.
Amendment No. (for drafter's use only)
1 policies, or actions targeted against discrete groups of
2 persons between 1920 and 1945, inclusive, in Nazi Germany,
3 areas occupied by Nazi German, or countries allied with Nazi
4 Germany.
5 (c) "Insurance policy" means, but is not limited to,
6 life insurance, property insurance, or education policies.
7 (d) "Legal relationship" means any parent, subsidiary,
8 or affiliated company with an insurer doing business in this
9 state.
10 (e) "Proceeds" means the face or other payout value of
11 policies and annuities plus reasonable interest to date of
12 payments without diminution for wartime or immediate postwar
13 currency devaluation.
14 (4) ASSISTANCE TO HOLOCAUST VICTIMS.--The department
15 shall establish a toll-free telephone number, available in
16 appropriate languages, to assist any person seeking to recover
17 proceeds from an insurance policy issued to a Holocaust
18 victim.
19 (5) PROOF OF A CLAIM.--Any insurer doing business in
20 this state, in receipt of a claim from a Holocaust victim or
21 from a beneficiary, descendent or heir of a Holocaust victim,
22 shall:
23 (a) Diligently and expeditiously investigate all such
24 claims.
25 (b) Allow such claimants to meet a reasonable, not
26 unduly restrictive, standard of proof to substantiate a claim,
27 pursuant to standards established by the department.
28 (c) Permit claims irrespective of any statute of
29 limitations or notice requirements imposed by any insurance
30 policy issued, provided the claim is submitted within 10 years
31 after effective date of this section.
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HOUSE AMENDMENT
Bill No. CS for SB 1372, 2nd Eng.
Amendment No. (for drafter's use only)
1 (6) STATUTE OF LIMITATIONS.--Notwithstanding any law
2 or agreement among the parties to an insurance policy to the
3 contrary, any action brought by Holocaust victims or by a
4 beneficiary, heir, or descendent of a Holocaust victim seeking
5 proceeds of an insurance policy issued or in effect between
6 1920 and 1945, inclusive, shall not be dismissed for failure
7 to comply with the applicable statute of limitations or laches
8 provided the action is commenced within 10 years after the
9 effective date of this section.
10 (7) REPORTS FROM INSURERS.--Any insurer doing business
11 in this state shall have an affirmative duty to ascertain to
12 the extent possible and report to the department within 90
13 days after the effective date of this section and annually
14 thereafter all efforts made and results of such efforts to
15 ascertain:
16 (a) Any legal relationship with an international
17 insurer that issued an insurance policy to a Holocaust victim
18 between 1920 and 1945, inclusive.
19 (b) The number and total value of such policies.
20 (c) Any claim filed by a Holocaust victim, his or her
21 beneficiary, heir, or descendent that has been paid, denied
22 payment, or is pending.
23 (d) Attempts made by the insurer to locate the
24 beneficiaries of any such policies for which no claim of
25 benefits has been made.
26 (e) An explanation of any denial or pending payment of
27 a claim to a Holocaust victim, his or her beneficiary, heir,
28 or descendent.
29 (8) REPORTS TO THE LEGISLATURE.--The department shall
30 report to the Legislature one year after the effective date of
31 this section and annually thereafter:
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HOUSE AMENDMENT
Bill No. CS for SB 1372, 2nd Eng.
Amendment No. (for drafter's use only)
1 (a) The number of insurers doing business in this
2 state which have a legal relationship with an international
3 insurer that could have issued a policy to a Holocaust victim
4 between 1920 and 1945, inclusive.
5 (b) A list of all claims paid, denied, or pending to a
6 Holocaust victim, his or her beneficiary, heir, or descendent.
7 (c) A summary of the length of time for the processing
8 and disposition of a claim by the insurer.
9 (9) PENALTIES.--In addition to any other penalty
10 provided under this chapter, any insurer or person who
11 violates the provisions of this section is subject to an
12 administrative penalty of $1,000 per day for each day such
13 violation continues.
14 (10) PRIVATE RIGHT OF ACTION.--An action to recover
15 damages caused by a violation of this section must be
16 commenced within 5 years after the cause of action has
17 accrued. Any person who shall sustain damages by the reason
18 of a violation of this section shall recover threefold the
19 actual damages sustained thereby, as well as costs not
20 exceeding $50,000, and reasonable attorneys' fees. At or
21 before the commencement of any civil action by a party, notice
22 thereof shall be served upon the department.
23 (11) RULES.--The department, by rule, shall provide
24 for the implementation of the provisions of this section by
25 establishing procedures and related forms for facilitating,
26 monitoring, and verifying compliance with this section and for
27 the establishment for a restitution program for Holocaust
28 victims, survivors, and their heirs and beneficiaries.
29 (12) SEVERABILITY.--If any provision of this section
30 or the application thereof to any person or circumstance is
31 held invalid, the invalidity shall not affect other provisions
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HOUSE AMENDMENT
Bill No. CS for SB 1372, 2nd Eng.
Amendment No. (for drafter's use only)
1 or applications of the section which can be given effect
2 without the invalid provision or application, and to this end
3 the provisions of this section are declared severable.
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7 And the title is amended as follows:
8 On page 5, line 18
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10 after the semicolon, insert:
11 creating s. 626.9543, F.S.; providing a short
12 title; providing legislative intent and
13 purpose; requiring the Department of Insurance
14 to provide certain assistance to Holocaust
15 victims; providing requirements for insurers
16 relating to insurance claims from
17 beneficiaries, descendants, or heirs of
18 Holocaust victims; limiting certain statutes of
19 limitation under certain circumstances;
20 requiring insurers to report certain
21 information to the department; requiring the
22 department to report to the Legislature;
23 providing penalties; providing requirements for
24 bringing certain causes of action; providing
25 severability;
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hfs0004 06:44 pm 01372-0101-043859