Florida 2022 Regular Session

Florida House Bill H0227 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	HB 227 2022
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0227-00
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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to courtroom animal advocates; 2
16	16	creating s. 828.035, F.S.; providing for appointment 3
17	17	of an advocate for the interests of an animal in 4
18	18	certain court proceedings, at the discretion of the 5
19	19	court; providing powers and duties of such advocates; 6
20	20	requiring the Animal Law Section of The Florida Bar to 7
21	21	maintain a list of attorneys and certified legal 8
22	22	interns meeting specified requirements who are 9
23	23	eligible to be appointed as such advocates; 10
24	24	authorizing the Animal Law Section of The Florida Bar 11
25	25	to establish training requirements; specifying that 12
26	26	certain rules of The Florida Bar govern such 13
27	27	advocates; providing an effective date. 14
28	28	15
29	29	Be It Enacted by the Le gislature of the State of Florida: 16
30	30	17
31	31	Section 1. Section 828.035, Florida Statutes, is created 18
32	32	to read: 19
33	33	828.035 Courtroom animal advocates. — 20
34	34	(1) In any prosecution or other court proceeding under 21
35	35	this chapter, s. 413.081, or s. 843.19 or in any other civil or 22
36	36	criminal proceeding regarding the welfare, care, or custody of 23
37	37	an animal, the court may appoint, upon its own initiative or 24
38	38	upon request of a party, an advocate to represent the interests 25
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40	40	HB 227 2022
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42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0227-00
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47	47	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
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49	49
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51	51	of the animal, whether living or dead. 26
52	52	(2) When a court orders that an advocate be appointed to 27
53	53	represent the interests of an animal, the court may appoint the 28
54	54	advocate from a list provided to the court by the Animal Law 29
55	55	Section of The Florida Bar of designated attorneys and certified 30
56	56	legal interns. The court h as discretion to appoint or remove the 31
57	57	advocate. The decision by a court to appoint an advocate to 32
58	58	represent the interests of the animal may be made at any stage 33
59	59	of proceedings. 34
60	60	(3)(a) An advocate shall: 35
61	61	1. Monitor the case. 36
62	62	2. Have access to relevan t files, documents, and reports 37
63	63	related to the case. 38
64	64	3. Share with attorneys for the parties any information 39
65	65	new to the case or prepared by the advocate for presentation to 40
66	66	the court or a party. 41
67	67	4. Present information and recommendations to the court 42
68	68	pertinent to determinations that relate to the interests of the 43
69	69	animal in question, provided such information and 44
70	70	recommendations result from executing the duties undertaken 45
71	71	pursuant to this subsection. Such information and 46
72	72	recommendations may be based upon the knowledge and experience 47
73	73	of the advocate or another specialist with specific knowledge 48
74	74	and experience related to the type of animal involved in the 49
75	75	case. 50
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77	77	HB 227 2022
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0227-00
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84	84	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
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88	88	(b) An advocate may: 51
89	89	1. Consult any individual with information that could aid 52
90	90	the judge or fact finder. 53
91	91	2. Review records relating to the animal's condition and 54
92	92	the defendant's actions, including, but not limited to, records 55
93	93	from animal control officers, veterinarians, and police 56
94	94	officers. 57
95	95	3. Attend hearings in person or remotely by other means. 58
96	96	4. Provide a victim impact statement to the court, as 59
97	97	needed and appropriate. 60
98	98	(4)(a) The Animal Law Section of The Florida Bar shall 61
99	99	maintain a list of attorneys and certified legal interns who 62
100	100	have indicated a willingness to serve as advocates under this 63
101	101	section on a voluntary basis and who are eligible to do so. 64
102	102	(b) In order to be eligible to serve as an advocate, 65
103	103	attorneys and certified legal interns must: 66
104	104	1. Be authorized to make court appearances in this state. 67
105	105	2. Have completed traini ng as required by the Animal Law 68
106	106	Section of The Florida Bar. 69
107	107	(c) The Animal Law Section of The Florida Bar may 70
108	108	establish training requirements for persons to serve as 71
109	109	advocates and the rules of professional conduct govern attorneys 72
110	110	and certified legal in terns operating as advocates under this 73
111	111	section. 74
112	112	Section 2. This act shall take effect July 1, 2022. 75