CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. SB 1416

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Geller moved the following amendment to amendment

12  (314080):

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14         Senate Amendment (with title amendment) 

15         On page 3, between lines 8 and 9,

16

17  insert:

18         Section 2.  Section 626.9543, Florida Statutes, is

19  created to read:

20         626.9543  Holocaust victims.--

21         (1)  SHORT TITLE.--This section may be cited as the

22  "Holocaust Victims Insurance Act."

23         (2)  INTENT; PURPOSE.--It is the Legislature's intent

24  that the potential and actual insurance claims of Holocaust

25  victims and their heirs and beneficiaries be expeditiously

26  identified and properly paid and that Holocaust victims and

27  their families receive appropriate assistance in the filing

28  and payment of their rightful claims.

29         (3)  DEFINITIONS.--For the purpose of this section:

30         (a)  "Department" means the Department of Insurance.

31         (b)  "Holocaust victim" means any person who lost his

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                                                  SENATE AMENDMENT

    Bill No. SB 1416

    Amendment No.    





 1  or her life or property as a result of discriminatory laws,

 2  policies, or actions targeted against discrete groups of

 3  persons between 1920 and 1945, inclusive, in Nazi Germany,

 4  areas occupied by Nazi German, or countries allied with Nazi

 5  Germany.

 6         (c)  "Insurance policy" means, but is not limited to,

 7  life insurance, property insurance, or education policies.

 8         (d)  "Legal relationship" means any parent, subsidiary,

 9  or affiliated company with an insurer doing business in this

10  state.

11         (e)  "Proceeds" means the face or other payout value of

12  policies and annuities plus reasonable interest to date of

13  payments without diminution for wartime or immediate postwar

14  currency devaluation.

15         (4)  ASSISTANCE TO HOLOCAUST VICTIMS.--The department

16  shall establish a toll-free telephone number, available in

17  appropriate languages, to assist any person seeking to recover

18  proceeds from an insurance policy issued to a Holocaust

19  victim.

20         (5)  PROOF OF A CLAIM.--Any insurer doing business in

21  this state, in receipt of a claim from a Holocaust victim or

22  from a beneficiary, descendent or heir of a Holocaust victim,

23  shall:

24         (a)  Diligently and expeditiously investigate all such

25  claims.

26         (b)  Allow such claimants to meet a reasonable, not

27  unduly restrictive, standard of proof to substantiate a claim,

28  pursuant to standards established by the department.

29         (c)  Permit claims irrespective of any statute of

30  limitations or notice requirements imposed by any insurance

31  policy issued, provided the claim is submitted within 10 years

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                                                  SENATE AMENDMENT

    Bill No. SB 1416

    Amendment No.    





 1  after effective date of this section.

 2         (6)  STATUTE OF LIMITATIONS.--Notwithstanding any law

 3  or agreement among the parties to an insurance policy to the

 4  contrary, any action brought by Holocaust victims or by a

 5  beneficiary, heir, or descendent of a Holocaust victim seeking

 6  proceeds of an insurance policy issued or in effect between

 7  1920 and 1945, inclusive, shall not be dismissed for failure

 8  to comply with the applicable statute of limitations or laches

 9  provided the action is commenced within 10 years after the

10  effective date of this section.

11         (7)  REPORTS FROM INSURERS.--Any insurer doing business

12  in this state shall have an affirmative duty to ascertain to

13  the extent possible and report to the department within 90

14  days after the effective date of this section and annually

15  thereafter all efforts made and results of such efforts to

16  ascertain:

17         (a)  Any legal relationship with an international

18  insurer that issued an insurance policy to a Holocaust victim

19  between 1920 and 1945, inclusive.

20         (b)  The number and total value of such policies.

21         (c)  Any claim filed by a Holocaust victim, his or her

22  beneficiary, heir, or descendent that has been paid, denied

23  payment, or is pending.

24         (d)  Attempts made by the insurer to locate the

25  beneficiaries of any such policies for which no claim of

26  benefits has been made.

27         (e)  An explanation of any denial or pending payment of

28  a claim to a Holocaust victim, his or her beneficiary, heir,

29  or descendent.

30         (8)  REPORTS TO THE LEGISLATURE.--The department shall

31  report to the Legislature one year after the effective date of

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                                                  SENATE AMENDMENT

    Bill No. SB 1416

    Amendment No.    





 1  this section and annually thereafter:

 2         (a)  The number of insurers doing business in this

 3  state which have a legal relationship with an international

 4  insurer that could have issued a policy to a Holocaust victim

 5  between 1920 and 1945, inclusive.

 6         (b)  A list of all claims paid, denied, or pending to a

 7  Holocaust victim, his or her beneficiary, heir, or descendent.

 8         (c)  A summary of the length of time for the processing

 9  and disposition of a claim by the insurer.

10         (9)  PENALTIES.--In addition to any other penalty

11  provided under this chapter, any insurer or person who

12  violates the provisions of this section is subject to an

13  administrative penalty of $1,000 per day for each day such

14  violation continues.

15         (10)  PRIVATE RIGHT OF ACTION.--An action to recover

16  damages caused by a violation of this section must be

17  commenced within 5 years after the cause of action has

18  accrued.  Any person who shall sustain damages by the reason

19  of a violation of this section shall recover threefold the

20  actual damages sustained thereby, as well as costs not

21  exceeding $50,000, and reasonable attorneys' fees.  At or

22  before the commencement of any civil action by a party, notice

23  thereof shall be served upon the department.

24         (11)  RULES.--The department, by rule, shall provide

25  for the implementation of the provisions of this section by

26  establishing procedures and related forms for facilitating,

27  monitoring, and verifying compliance with this section and for

28  the establishment for a restitution program for Holocaust

29  victims, survivors, and their heirs and beneficiaries.

30         (12)  SEVERABILITY.--If any provision of this section

31  or the application thereof to any person or circumstance is

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                                                  SENATE AMENDMENT

    Bill No. SB 1416

    Amendment No.    





 1  held invalid, the invalidity shall not affect other provisions

 2  or applications of the section which can be given effect

 3  without the invalid provision or application, and to this end

 4  the provisions of this section are declared severable.

 5

 6  (Redesignate subsequent sections.)

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 8

 9  ================ T I T L E   A M E N D M E N T ===============

10  And the title is amended as follows:

11         On page 3, line 27,

12

13  insert:

14   creating s. 626.9543, F.S.; providing a short title;

15  providing legislative intent and purpose; requiring the

16  Department of Insurance to provide certain assistance to

17  Holocaust victims; providing requirements for insurers

18  relating to insurance claims from beneficiaries, descendants,

19  or heirs of Holocaust victims; limiting certain statutes of

20  limitation under certain circumstances; requiring insurers to

21  report certain information to the department; requiring the

22  department to report to the Legislature; providing penalties;

23  providing requirements for bringing certain causes of action;

24  providing severability;

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