Florida Senate - 2013                                     SB 936
       
       
       
       By Senator Lee
       
       
       
       
       24-00596C-13                                           2013936__
    1                        A bill to be entitled                      
    2         An act relating to the Holocaust Victims Assistance
    3         Act; amending s. 626.9543, F.S.; revising the short
    4         title; broadening the act to include financial claims
    5         and assets and other property, and to address the
    6         effect of nonpayment of claims or nonreturn of
    7         property on victims; deleting a time limitation on
    8         insurers for providing certain information to the
    9         Department of Financial Services and requiring
   10         insurers to provide a report under certain
   11         circumstances; revising the content and timing of the
   12         annual report to the Legislature; providing an
   13         effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsections (1) through (4), (7), (8), and (11)
   18  of section 626.9543, Florida Statutes, are amended to read:
   19         626.9543 Holocaust victims.—
   20         (1) SHORT TITLE.—This section may be cited as the
   21  “Holocaust Victims Assistance Insurance Act.”
   22         (2) INTENT; PURPOSE.—It is the Legislature’s intent that
   23  the potential and actual insurance claims, actual financial
   24  claims, and the assets and property of Holocaust victims and
   25  their heirs and beneficiaries be expeditiously identified and
   26  properly paid, compensated, or returned. The Legislature also
   27  intends and that Holocaust victims and their families receive
   28  appropriate assistance in the filing and payment of their
   29  rightful claims, and in addressing the effects of the nonpayment
   30  of claims or nonreturn of confiscated assets and property on the
   31  victims, including assistance with gaining access to funding
   32  provided to address such effects.
   33         (3) DEFINITIONS.—As used in For the purpose of this
   34  section, the term:
   35         (a) “Holocaust victim” means any person who lost his or her
   36  life or property as a result of discriminatory laws, policies,
   37  or actions targeted against discrete groups of persons between
   38  1920 and 1945, inclusive, in Nazi Germany, areas occupied by
   39  Nazi Germany, or countries allied with Nazi Germany.
   40         (b) “Insurance policy” means, but is not limited to, life
   41  insurance, property insurance, or education policies.
   42         (c) “Legal relationship” means any parent, subsidiary, or
   43  affiliated company with an insurer doing business in this state.
   44         (d) “Proceeds” means the face or other payout value of
   45  policies, and annuities, or other financial instruments or
   46  assets, plus reasonable interest to the date of payment payments
   47  without diminution for wartime or immediate postwar currency
   48  devaluation.
   49         (4) ASSISTANCE TO HOLOCAUST VICTIMS.—The department shall
   50  establish a toll-free telephone number, available in appropriate
   51  languages, to assist any person seeking to recover insurance
   52  claims or other financial proceeds or property owed from an
   53  insurance policy issued to a Holocaust victim, and to assist
   54  through education to mitigate the effects of the nonpayment of
   55  claims or nonreturn of property on Holocaust survivors.
   56         (7) REPORTS FROM INSURERS.—
   57         (a) Any insurer doing business in this state has shall have
   58  an affirmative duty to ascertain the following to the extent
   59  possible and report to the department within 90 days after the
   60  effective date of this section and annually thereafter all
   61  efforts made and the results of such efforts to ascertain:
   62         1.(a) Any legal relationship with an international insurer
   63  that issued an insurance policy to a Holocaust victim between
   64  1920 and 1945, inclusive.
   65         2.(b) The number and total value of such policies.
   66         3.(c) Any claim filed by a Holocaust victim, his or her
   67  beneficiary, heir, or descendant that has been paid, denied
   68  payment, or is pending.
   69         4.(d) Attempts made by the insurer to locate the
   70  beneficiaries of any such policies for which a no claim of
   71  benefits has not been made.
   72         5.(e) An explanation of any denial or pending payment of a
   73  claim to a Holocaust victim, his or her beneficiary, heir, or
   74  descendant.
   75         (b) Insurers shall timely file a new report if there are
   76  any changes to the previous report, or if requested to do so by
   77  the department. Insurers shall timely provide any information
   78  regarding unpaid Holocaust claims or any information necessary
   79  to substantiate the accuracy of such reports upon the request of
   80  the department.
   81         (8) REPORTS TO THE LEGISLATURE.—By July 1 of each year, the
   82  department shall report to the Legislature 1 year after the
   83  effective date of this section and annually thereafter:
   84         (a) The number of insurers doing business in this state
   85  which have a legal relationship with an international insurer
   86  that could have issued a policy to a Holocaust victim between
   87  1920 and 1945, inclusive.
   88         (b) A list of all claims paid, denied, or pending to a
   89  Holocaust victim, his or her beneficiary, heir, or descendant.
   90         (c) Any efforts made on behalf of Holocaust victims to
   91  secure financial reparations or other assistance A summary of
   92  the length of time for the processing and disposition of a claim
   93  by the insurer.
   94         (11) RULES.—The department, by rule, shall provide for the
   95  implementation of the provisions of this section by establishing
   96  procedures and related forms for facilitating, monitoring, and
   97  verifying compliance with this section and for the establishment
   98  of a restitution and assistance program for Holocaust victims,
   99  survivors, and their heirs and beneficiaries.
  100         Section 2. This act shall take effect July 1, 2013.