HB 227 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0227-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to courtroom animal advocates; 2
creating s. 828.035, F.S.; providing for appointment 3
of an advocate for the interests of an animal in 4
certain court proceedings, at the discretion of the 5
court; providing powers and duties of such advocates; 6
requiring the Animal Law Section of The Florida Bar to 7
maintain a list of attorneys and certified legal 8
interns meeting specified requirements who are 9
eligible to be appointed as such advocates; 10
authorizing the Animal Law Section of The Florida Bar 11
to establish training requirements; specifying that 12
certain rules of The Florida Bar govern such 13
advocates; providing an effective date. 14
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Be It Enacted by the Le gislature of the State of Florida: 16
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Section 1. Section 828.035, Florida Statutes, is created 18
to read: 19
828.035 Courtroom animal advocates. — 20
(1) In any prosecution or other court proceeding under 21
this chapter, s. 413.081, or s. 843.19 or in any other civil or 22
criminal proceeding regarding the welfare, care, or custody of 23
an animal, the court may appoint, upon its own initiative or 24
upon request of a party, an advocate to represent the interests 25
HB 227 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0227-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of the animal, whether living or dead. 26
(2) When a court orders that an advocate be appointed to 27
represent the interests of an animal, the court may appoint the 28
advocate from a list provided to the court by the Animal Law 29
Section of The Florida Bar of designated attorneys and certified 30
legal interns. The court h as discretion to appoint or remove the 31
advocate. The decision by a court to appoint an advocate to 32
represent the interests of the animal may be made at any stage 33
of proceedings. 34
(3)(a) An advocate shall: 35
1. Monitor the case. 36
2. Have access to relevan t files, documents, and reports 37
related to the case. 38
3. Share with attorneys for the parties any information 39
new to the case or prepared by the advocate for presentation to 40
the court or a party. 41
4. Present information and recommendations to the court 42
pertinent to determinations that relate to the interests of the 43
animal in question, provided such information and 44
recommendations result from executing the duties undertaken 45
pursuant to this subsection. Such information and 46
recommendations may be based upon the knowledge and experience 47
of the advocate or another specialist with specific knowledge 48
and experience related to the type of animal involved in the 49
case. 50
HB 227 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0227-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(b) An advocate may: 51
1. Consult any individual with information that could aid 52
the judge or fact finder. 53
2. Review records relating to the animal's condition and 54
the defendant's actions, including, but not limited to, records 55
from animal control officers, veterinarians, and police 56
officers. 57
3. Attend hearings in person or remotely by other means. 58
4. Provide a victim impact statement to the court, as 59
needed and appropriate. 60
(4)(a) The Animal Law Section of The Florida Bar shall 61
maintain a list of attorneys and certified legal interns who 62
have indicated a willingness to serve as advocates under this 63
section on a voluntary basis and who are eligible to do so. 64
(b) In order to be eligible to serve as an advocate, 65
attorneys and certified legal interns must: 66
1. Be authorized to make court appearances in this state. 67
2. Have completed traini ng as required by the Animal Law 68
Section of The Florida Bar. 69
(c) The Animal Law Section of The Florida Bar may 70
establish training requirements for persons to serve as 71
advocates and the rules of professional conduct govern attorneys 72
and certified legal in terns operating as advocates under this 73
section. 74
Section 2. This act shall take effect July 1, 2022. 75