Florida 2023 Regular Session

Florida House Bill H0989 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	~~CS/~~HB 989 2023
	3	+	HB 989 2023
4	4
5	5
6	6
7	7		CODING: Words stricken are deletions; words underlined are additions.
8		-	hb0989-~~01-c1~~
9		-	Page 1 of 3
	8	+	hb0989-00
	9	+	Page 1 of 2
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
11	11
12	12
13	13
14	14		A bill to be entitled 1
15	15		An act relating to appointment of courtroom animal 2
16	16		advocates; creating s. 828.035, F.S.; authorizing a 3
17	17		court to order that a separate advocate be appointed 4
18	18		in the interests of justice for certain civil and 5
19		-	criminal proceedings regarding ~~a cat or dog~~'s welfare 6
20		-	or custody; providing that a judge's decision denying 7
21		-	an appointment is not subject to appeal; authorizing 8
22		-	an appointed advocate to take certain actions 9
23		-	~~involving~~ the proceedings; providing requirements for 10
24		-	an individual to serve as an advocate; providing 11
25		-	~~applicability; providing an~~ effective date. 12
	19	+	criminal proceedings regarding an animal's welfare or 6
	20	+	custody; providing that a judge's decision denying an 7
	21	+	appointment is not subject to appeal; authorizing an 8
	22	+	appointed advocate to take certain actions invol ving 9
	23	+	the proceedings; providing requirements for an 10
	24	+	individual to serve as an advocate; providing an 11
	25	+	effective date. 12
26	26		13
27	27		Be It Enacted by the Legislature of the State of Florida: 14
28	28		15
29	29		Section 1. Section 828.035, Florida Statutes, is created 16
30	30		to read: 17
31	31		828.035 Courtroom animal advocates. — 18
32	32		(1) In any prosecution or other court proceeding under s. 19
33	33		413.081, s. 843.19, or this chapter or in any civil or criminal 20
34		-	proceeding regarding the welfare or custody of ~~a cat or dog~~, the 21
	34	+	proceeding regarding the welfare or custody of an animal, the 21
35	35		court may order, upon its own initia tive or upon the request of 22
36	36		a party or counsel for a party, that a separate advocate be 23
37	37		appointed to represent the interests of justice. If a court 24
38	38		orders that an advocate be appointed to represent the interests 25
39	39
40		-	~~CS/~~HB 989 2023
	40	+	HB 989 2023
41	41
42	42
43	43
44	44		CODING: Words stricken are deletions; words underlined are additions.
45		-	hb0989-~~01-c1~~
46		-	Page 2 of 3
	45	+	hb0989-00
	46	+	Page 2 of 2
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
48	48
49	49
50	50
51	51		of justice, the court must appoint such an a dvocate who meets 26
52	52		the requirements of subsection (3). A decision by the court 27
53	53		denying a request to appoint a separate advocate to represent 28
54	54		the interests of justice is not subject to appeal. 29
55	55		(2) An advocate appointed by the court pursuant to 30
56	56		subsection (1) may do all of the following: 31
57	57		(a) Monitor the case. 32
58	58		(b) Consult any individual who has information that could 33
59		-	aid the judge or ~~the~~ finder of fact and review records relating 34
60		-	to the condition of the ~~cat or dog~~ and the ~~de fendant~~'s actions, 35
	59	+	aid the judge or finder of fact and review records relating to 34
	60	+	the condition of the animal and the defendant's actions, 35
61	61		including, but not l imited to, records from animal control 36
62	62		officers, veterinarians, and police officers. 37
63	63		(c) Attend hearings. 38
64	64		(d) Present information or recommendations to the court 39
65	65		pertinent to determinations that relate to the interests of 40
66		-	justice, provided that such information and recommendations are 41
67		-	based solely upon the duties authorized pursuant to this 42
68		-	subsection. 43
69		-	(3) To serve, on a voluntary basis, as an advocate under 44
70		-	this section, an individual must be an attorney or a ce rtified 45
71		-	emeritus lawyer under rules of The Florida Bar who has knowledge 46
72		-	of animal issues and the legal system or must be a law school 47
73		-	student who has an interest in animal issues and the legal 48
74		-	system and who is certified by the Florida Supreme Court as a 49
75		-	certified legal intern in this state. 50
76		-
77		-	CS/HB 989 2023
78		-
79		-
80		-
81		-	CODING: Words stricken are deletions; words underlined are additions.
82		-	hb0989-01-c1
83		-	Page 3 of 3
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
85		-
86		-
87		-
88		-	(4) This section does not apply to prosecutions or 51
89		-	proceedings involving an entity accredited through a nationally 52
90		-	or internationally recognized zoological or aquarium 53
91		-	accreditation organization. 54
92		-	Section 2. This act shall take effect July 1, 2023. 55
	66	+	justice, provided such informa tion and recommendations are based 41
	67	+	solely upon the duties authorized pursuant to this subsection. 42
	68	+	(3) To serve, on a voluntary basis, as an advocate under 43
	69	+	this section, an individual must be an attorney with knowledge 44
	70	+	of animal issues and the legal syste m or a law school student 45
	71	+	who has an interest in animal issues and the legal system and 46
	72	+	who is certified by the Florida Supreme Court as a certified 47
	73	+	legal intern in this state. 48
	74	+	Section 2. This act shall take effect July 1, 2023. 49