This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0989.CJS
DATE: 3/24/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 989 Appointment of Courtroom Animal Advocates
SPONSOR(S): Cross and others
TIED BILLS: IDEN./SIM. BILLS: SB 1006
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Civil Justice Subcommittee Mathews Jones
2) Justice Appropriations Subcommittee
3) Judiciary Committee
SUMMARY ANALYSIS
Animals play an important role in the lives of many Floridians. Animals are an important part of our lives: a cat
may offer support and comfort by curling up in his owner’s lap to show he loves her; an excited dog may wait
for his humans to get home from school; and a service animal may stand at his or her owner’s side to ensure
his or her health and safety. Unfortunately, animals lack a voice of their own, making them vulnerable, and
putting them at risk for violence and cruelty.
Under Florida law, the following acts are considered animal cruelty:
Overloading, overdriving, or tormenting any animal,
Depriving any animal of necessary sustenance or shelter,
Unnecessarily mutilating any animal,
Killing any animal, or
Carrying any animal, on a vehicle or otherwise, in a cruel or inhumane manner.
Animal cruelty or aggravated animal cruelty is punishable, as appropriate, by a fine, incarceration, the inability
to own or possess animals, or mental health counseling.
HB 989 creates s. 828.035, F.S., to create a courtroom animal advocate program. Under the bill, a court may
appoint a separate courtroom advocate to represent the interests of justice on behalf of the animal. The bill
contemplates such an animal advocate serving in a voluntary capacity.
Under the bill, a courtroom animal advocate is authorized to:
Monitor the case.
Consult any individual who has information that could aid the proceeding.
Review relevant documents from law enforcement, animal control, and veterinarians.
Attend hearings.
Present information or recommendations to the court pertinent to determinations that relate to the
interests of justice.
The effective date of the bill July 1, 2023.
STORAGE NAME: h0989.CJS PAGE: 2
DATE: 3/24/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Animal Cruelty
Under Florida law, the following acts are considered animal cruelty:
Overloading, overdriving, or tormenting any animal,
Depriving any animal of necessary sustenance or shelter,
Unnecessarily mutilating any animal,
Killing any animal, or
Carrying any animal, on a vehicle or otherwise, in a cruel or inhumane manner.
1
Animal cruelty is a first-degree misdemeanor, punishable by up to one year in the county jail or by a
fine up to $5,000.
2
A person commits aggravated animal cruelty, a third-degree felony,
3
by intentionally committing an act
to an animal or failing to act if the person is the owner having custody and control of the animal and
such action or omission results in:
The cruel death of the animal, or
The excessive or repeated infliction of unnecessary pain or suffering on an animal.
4
Aggravated animal cruelty is a third-degree felony and is punishable, at a minimum, by a $2,500 fine
and the imposition of psychological counseling or an anger management treatment program.
5
Additionally, a third-degree felony may be punishable by up to five years imprisonment,
6
or up to a
$10,000 fine, or both. A person who is convicted of a second or subsequent violation of animal cruelty
must pay a minimum $5,000 fine and serve a minimum sentence of 6 months in jail. Additionally, a
person convicted a second or subsequent time of aggravated animal cruelty is ineligible for any form of
early release, including gain time.
7
Under current law, a person who is convicted of animal cruelty or aggravated animal cruelty may be
prohibited by the court from owning, possessing, keeping, harboring, or having custody or control over
any animal for a period of time to be determined by the court.
8
Issues with Prosecuting Animal Cruelty
Animal cruelty matters are a unique and complex type of criminal matter. The victim in an animal
cruelty case is a voiceless animal without a proper advocate. Animal crime cases may involve a variety
of unique issues, including:
A deceased animal from the act of animal abuse;
A living animal who is unable to speak for himself or herself to provide insight into the abuse;
Various scientific and forensic challenges and nuances related to establishing a crime and
identifying a perpetrator;
A surviving animal who is taken into custody and may itself be evidence of the criminal act; or
A surviving animal who will need to food, water, shelter, socialization, and veterinary care.
910
1
S. 828.12(1), F.S.
2
Ss. 775.082 and 775.083, F.S.
3
A third-degree felony is punishable by up to five years imprisonment and a $5,000 fine. Ss. 775.082 and 775.083, F.S.
4
S. 828.12(2), F.S.
5
S. 828.12(2)(a), F.S.
6
S. 828.12(2)(a), F.S.; s. 775.082(3)(e), F.S.
7
Id.
8
S. 828.12(6), F.S.
9
See Animal Legal Defense Fund, Courtroom Animal Advocate Programs (CAAP), https://aldf.org/article/courtroom-animal-advocate-
programs-caap/ (last visited Mar. 23, 2023). STORAGE NAME: h0989.CJS PAGE: 3
DATE: 3/24/2023
Because the abused or neglected animal is unable to speak to the court, the specific needs of the
animal may often be overlooked.
Animal Cruelty as a Gateway Crime
Some people who hurt animals do not stop at simply victimizing animals. There is an established link
between cruelty to animals and violence towards humans.
11
As such, it is imperative that crimes
against animals be taken seriously, not only in light of the animal’s well-being, but for the future safety
of humans in the community.
One study found that 43% of school shooters in the United States between 1988 and 2012 had
histories of animal abuse, including close-up and personal violence against household pets like cats
and dogs.
12
Additionally, actions of animal cruelty and violence frequently offer a glimpse into the
home-life of the way the humans are treated in the home. In homes with domestic violence incidents,
50% of children reported that their abuser threatened to harm or kill a beloved animal in order to
maintain control over their human victims.
13
Guardian Ad Litem as a Model
Unfortunately, animals lack a voice of their own, making them incredibly vulnerable, and putting them at
an increased risk for violence and cruelty.
14
Under current law, a court may appoint a guardian ad litem
(GAL) or an attorney ad litem for certain persons, including abused, neglected, or abandoned children,
in civil matters. A court may also appoint an attorney ad litem (AAL) to provide legal services and
counsel to the client-child, and such AAL functions based on an attorney-client relationship like a
traditional attorney and client. A GAL serves to represent the child’s best interest in court proceedings
but does not serve as legal counsel.
Unlike abused or neglected children, abused or neglected animals are not afforded the benefit of a
guardian ad litem or other volunteer to advocate on their behalf during a court proceeding.
Legal Representation of Children in the Child Welfare System
The two standards by which a child can be represented in court are the best interest standard and the
expressed wishes standard. The term “best interests of a child” generally refers to deliberations
undertaken by courts in making decisions about the services, actions, and orders that will best serve a
child and who is best suited to care for that child.
15
There are two types of best interest representation:
Attorney or Professional and Lay Volunteer.
16
Expressed wishes or client-directed
17
representation
occurs when an attorney is appointed instead of or in addition to a guardian ad litem (GAL) to represent
a child’s expressed wishes.
10
Id. (a dog may languish in a shelter while her abuser awaits trial; dogs used in fighting rings will almost certainly require rehabilitation;
and kittens born to a cat held as evidence will need to be placed in loving homes).
11
ALDF, The Link Between Cruelty to Animals and Violence Toward Humans, https://aldf.org/article/the-link-between-cruelty-to-
animals-and-violence-toward-humans-2/ (last visited Mar. 23, 2023).
12
ALDF, Factsheet: Animal Cruelty’s Link to Other Forms of Violence, https://aldf.org/wp-content/uploads/2022/01/Animal-Legal-
Defense-Fund-Link-Factsheet.pdf (last visited Mar. 23, 2023), citing to Arnold Arluke & Eric Madfis, Animal Abuse as a Warning Sign of
School Massacres: A Critique and Refinement, 2018 Homicide Studies 7 (2018).
13
ALDF Factsheet, citing to Shelby Elaine McDonald et. Al., Children’s Experiences of Companion Animal Maltreatment in Households
Characterized by Intimate Partner Violence, 50 Child Abuse & Neglect 116 (2016).
14
Charlie Robinson, The Link Between Animal Cruelty and Human Violence (Aug. 10, 2021), https://leb.fbi.gov/articles/featured-
articles/the-link-between-animal-cruelty-and-human-violence (last visited Mar. 23, 2023).
15
Office of Program Policy Analysis and Government Accountability (OPPAGA) Research Memorandum, OPPAGA Review of Florida’s
Guardian ad Litem Program (December 2020), https://www-media.floridabar.org/uploads/2021/03/OPPAGA-Guardian-Ad-Litem-
Program.pdf.
16
Children in states with this representation model always receive a GAL, who is not required to be an attorney. These states may also
allow for the appointment of a client-directed attorney at the discretion of the judge or in certain circumstances.
17
OPPAGA Research Memorandum , OPPAGA Review of Florida’s Guardian ad Litem Program (December 2020), https://www-
media.floridabar.org/uploads/2021/03/OPPAGA-Guardian-Ad-Litem-Program.pdf (last visited Mar. 23, 2023). STORAGE NAME: h0989.CJS PAGE: 4
DATE: 3/24/2023
Florida's child representation system authorizes both types of representation. Current law requires best
interest representation through GALs, who are to be appointed at the earliest possible time in all abuse
and neglect proceedings.
18
It also authorizes attorney representation for children with special needs.
19
The Guardian ad Litem Program is a network of volunteer advocates and professional staff
representing the best interest of abused, abandoned, and neglected children. The court must appoint a
GAL to represent a child as soon as possible in any child abuse, abandonment, or neglect
proceeding.
20
Attorney Ad Litem
An attorney ad litem (AAL) is an attorney appointed to provide legal services to a person such as a
parent, a child, or an incapacitated person. The AAL has an attorney-client relationship with the person
he or she is appointed to represent and owes that person the duties of his or her undivided loyalty,
confidentiality, and competent representation. The AAL is an advocate for the person he or she is
appointed to represent and expresses the person’s wishes to the court or jury.
Under current law, an animal, the victim of a criminal act of animal cruelty, is left without a voice and
without an advocate to pursue justice on its behalf. This may cause a greater risk that the animal
cruelty case may be dismissed or go unprosecuted.
Effect of Proposed Changes
HB 989 creates s. 828.035, F.S., to create a courtroom animal advocate program. Under the bill, a
court may appoint a separate advocate to represent the interests of justice on behalf of the animal. It is
within the court’s discretion to order the appointment of such an animal advocate and, as such, a denial
of a request to appoint an animal advocate is not subject to appeal.
Under the bill, a courtroom animal advocate is authorized to:
Monitor the case.
Consult any individual who has information that could aid the judge or finder of fact and review
records relating to the condition of the animal and the defendant’s actions, including, but not
limited to, records from animal control officers, veterinarians, and police officers.
Attend hearings.
Present information or recommendations to the court pertinent to determinations that relate to
the interests of justice.
To be eligible for appointment, a courtroom animal advocate must be:
An attorney with knowledge of animal issues and the legal system; or
A law school student who has an interest in animal issues and the legal system and who is
certified by the Florida Supreme Court as a certified legal intern.
Under the bill, a courtroom animal advocate is a voluntary role at the discretion of the court.
The bill provides an effective date of July 1, 2023.
B. SECTION DIRECTORY:
Section 1: Creates s. 828.035, F.S., relating to courtroom animal advocates.
Section 2: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
18
S. 39.822(1), F.S.
19
S. 39.01305, F.S.
20
S. 39.822, F.S. STORAGE NAME: h0989.CJS PAGE: 5
DATE: 3/24/2023
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
Not applicable.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES