Florida 2023 Regular Session

Florida House Bill H0989 Latest Draft

Bill / Comm Sub Version Filed 03/28/2023

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