Florida 2024 Regular Session

Florida House Bill H0297 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3	HB 297 2024
4	4
5	5
6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0297-00
9	9	Page 1 of 3
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 criminal 5
19	19	proceedings regarding a cat or dog's welfare or 6
20	20	custody; providing that a judge's decision denying an 7
21	21	appointment of such an advocate is not subject to 8
22	22	appeal; authorizing an appointed advocate to take 9
23	23	certain actions involving the proceedings; providing 10
24	24	requirements for an individual to serve as an 11
25	25	advocate; providing applicability; providing an 12
26	26	effective date. 13
27	27	14
28	28	Be It Enacted by the Legislature of the State of Florida: 15
29	29	16
30	30	Section 1. Section 828.035, Fl orida Statutes, is created 17
31	31	to read: 18
32	32	828.035 Courtroom animal advocates. — 19
33	33	(1) In any prosecution or other court proceeding under s. 20
34	34	413.081, s. 843.19, or this chapter or in any criminal 21
35	35	proceeding regarding the welfare or custody of a cat or dog, the 22
36	36	court may order, upon its own initiative or upon the request of 23
37	37	a party or counsel for a party, that a separate advocate be 24
38	38	appointed to represent the interests of justice. If a court 25
39	39
40	40	HB 297 2024
41	41
42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0297-00
46	46	Page 2 of 3
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	orders that an advocate be appointed to represent the interests 26
52	52	of justice, the court must appoint an advocate who meets the 27
53	53	requirements of subsection (3). A decision by the court denying 28
54	54	a request to appoint a separate advocate to represent the 29
55	55	interests of justice is not subject to appeal. 30
56	56	(2) An advocate appointed by the court pursuant to 31
57	57	subsection (1) may do all of the following: 32
58	58	(a) Monitor the case. 33
59	59	(b) Consult any individual who has information that could 34
60	60	aid the judge or the finder of fact and review records relating 35
61	61	to the condition of the cat or dog and the def endant's actions, 36
62	62	including, but not limited to, records from animal control 37
63	63	officers, veterinarians, and police officers. 38
64	64	(c) Attend hearings. 39
65	65	(d) Present information or recommendations to the court 40
66	66	pertinent to determinations that relate to the inter ests of 41
67	67	justice, provided that such information and recommendations are 42
68	68	based solely upon the duties authorized pursuant to this 43
69	69	subsection. 44
70	70	(3) To serve, on a voluntary basis, as an advocate under 45
71	71	this section, an individual must be an attorney or a cer tified 46
72	72	emeritus lawyer under rules of The Florida Bar who has knowledge 47
73	73	of animal issues and the legal system or must be a law school 48
74	74	student who has an interest in animal issues and the legal 49
75	75	system and who is certified by the Florida Supreme Court as a 50
76	76
77	77	HB 297 2024
78	78
79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0297-00
83	83	Page 3 of 3
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
85	85
86	86
87	87
88	88	certified legal intern in this state. Advocates are required to 51
89	89	be trained to understand their roles and responsibilities under 52
90	90	subsection (2). A list of qualified advocates shall be 53
91	91	maintained by the Animal Law Section of The Florida Bar. 54
92	92	(4) This section does not apply to an entity that is 55
93	93	accredited through a nationally or internationally recognized 56
94	94	zoo or aquarium accreditation organization. 57
95	95	Section 2. This act shall take effect July 1, 2024. 58