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A bill to be entitled

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An act relating to claims to escheated property; amending

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s. 717.12405, F.S.; entitling certain Holocaust victims or

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related victims as lineal descendants of certain persons

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to make claims to certain escheated property; requiring

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the Department of Financial Services to allow such

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descendants to meet certain standards of proof

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substantiating lineage and valid claims for escheated

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property; prohibiting dismissal of certain actions for

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failure to comply with statutes of limitation or laches;

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providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 717.12405, Florida Statutes, is amended

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to read:

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     717.12405  Claims by estates.--

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     (1) An estate or any person representing an estate or

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acting on behalf of an estate may claim unclaimed property only

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after the heir or legatee of the decedent entitled to the

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property has been located. Any estate, or any person representing

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an estate or acting on behalf of an estate, that receives

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unclaimed property before the heir or legatee of the decedent

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entitled to the property has been located, is personally liable

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for the unclaimed property and must immediately return the full

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amount of the unclaimed property or the value thereof to the

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department in accordance with s. 717.1341.

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     (2)(a) For the purpose of escheated property, if any lineal

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descendant of a decedent's great-grandparents was a Holocaust

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victim as defined in s. 626.9543(3)(a), including such victims in

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countries cooperating with the discriminatory policies of Nazi

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Germany, such lineal descendant is entitled to make a claim for

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any escheated property in which the lineal descendant may have a

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legitimate interest. The department shall allow any such

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descendant to meet a reasonable and not unduly restrictive

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standard of proof to substantiate his or her lineage and a valid

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claim for the escheated property.

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     (b) Notwithstanding any law or agreement among any parties

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to a claim for escheated property, any action brought by a

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Holocaust victim, or by a beneficiary, heir, or descendant of a

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Holocaust victim, seeking any escheated property or the proceeds

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from escheated property may not be dismissed for failure to

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comply with any applicable statute of limitations or laches.

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     Section 2.  This act shall take effect July 1, 2008.