HB 297 2024
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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 criminal 5
proceedings regarding a cat or dog's welfare or 6
custody; providing that a judge's decision denying an 7
appointment of such an advocate is not subject to 8
appeal; authorizing an appointed advocate to take 9
certain actions involving the proceedings; providing 10
requirements for an individual to serve as an 11
advocate; providing applicability; providing an 12
effective date. 13
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Be It Enacted by the Legislature of the State of Florida: 15
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Section 1. Section 828.035, Fl orida Statutes, is created 17
to read: 18
828.035 Courtroom animal advocates. — 19
(1) In any prosecution or other court proceeding under s. 20
413.081, s. 843.19, or this chapter or in any criminal 21
proceeding regarding the welfare or custody of a cat or dog, the 22
court may order, upon its own initiative or upon the request of 23
a party or counsel for a party, that a separate advocate be 24
appointed to represent the interests of justice. If a court 25
HB 297 2024
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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
orders that an advocate be appointed to represent the interests 26
of justice, the court must appoint an advocate who meets the 27
requirements of subsection (3). A decision by the court denying 28
a request to appoint a separate advocate to represent the 29
interests of justice is not subject to appeal. 30
(2) An advocate appointed by the court pursuant to 31
subsection (1) may do all of the following: 32
(a) Monitor the case. 33
(b) Consult any individual who has information that could 34
aid the judge or the finder of fact and review records relating 35
to the condition of the cat or dog and the def endant's actions, 36
including, but not limited to, records from animal control 37
officers, veterinarians, and police officers. 38
(c) Attend hearings. 39
(d) Present information or recommendations to the court 40
pertinent to determinations that relate to the inter ests of 41
justice, provided that such information and recommendations are 42
based solely upon the duties authorized pursuant to this 43
subsection. 44
(3) To serve, on a voluntary basis, as an advocate under 45
this section, an individual must be an attorney or a cer tified 46
emeritus lawyer under rules of The Florida Bar who has knowledge 47
of animal issues and the legal system or must be a law school 48
student who has an interest in animal issues and the legal 49
system and who is certified by the Florida Supreme Court as a 50
HB 297 2024
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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
certified legal intern in this state. Advocates are required to 51
be trained to understand their roles and responsibilities under 52
subsection (2). A list of qualified advocates shall be 53
maintained by the Animal Law Section of The Florida Bar. 54
(4) This section does not apply to an entity that is 55
accredited through a nationally or internationally recognized 56
zoo or aquarium accreditation organization. 57
Section 2. This act shall take effect July 1, 2024. 58