Florida Senate - 2017                              CS for SB 416
       
       
        
       By the Committee on Judiciary; and Senators Montford and Book
       
       
       
       
       
       590-01956-17                                           2017416c1
    1                        A bill to be entitled                      
    2         An act relating to use of animals in proceedings
    3         involving minors; amending s. 92.55, F.S.; specifying
    4         that the court may allow the use of therapy animals or
    5         facility dogs in certain proceedings; allowing certain
    6         animals to be used when taking the testimony of a
    7         person who has an intellectual disability; removing
    8         the requirement that certain animals be registered;
    9         defining terms; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 92.55, Florida Statutes, is amended to
   14  read:
   15         92.55 Judicial or other proceedings involving victim or
   16  witness under the age of 18 years of age, a person who has an
   17  intellectual disability, or a sexual offense victim or witness;
   18  special protections; use of registered service or therapy
   19  animals or facility dogs.—
   20         (1) For purposes of this section, the term:
   21         (a) “Sexual offense victim or witness” means a person who
   22  was under the age of 18 when he or she was the victim of or a
   23  witness to a sexual offense.
   24         (b) “Sexual offense” means any offense specified in s.
   25  775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I).
   26         (2) Upon motion of any party, upon motion of a parent,
   27  guardian, attorney, guardian ad litem, or other advocate
   28  appointed by the court under s. 914.17 for a victim or witness
   29  under the age of 18, a person who has an intellectual
   30  disability, or a sexual offense victim or witness, or upon its
   31  own motion, the court may enter any order necessary to protect
   32  the victim or witness in any judicial proceeding or other
   33  official proceeding from severe emotional or mental harm due to
   34  the presence of the defendant if the victim or witness is
   35  required to testify in open court. Such orders must relate to
   36  the taking of testimony and include, but are not limited to:
   37         (a) Interviewing or the taking of depositions as part of a
   38  civil or criminal proceeding.
   39         (b) Examination and cross-examination for the purpose of
   40  qualifying as a witness or testifying in any proceeding.
   41         (c) The use of testimony taken outside of the courtroom,
   42  including proceedings under ss. 92.53 and 92.54.
   43         (3) In ruling upon the motion, the court shall consider:
   44         (a) The age of the child, the nature of the offense or act,
   45  the relationship of the child to the parties in the case or to
   46  the defendant in a criminal action, the degree of emotional
   47  trauma that will result to the child as a consequence of the
   48  defendant’s presence, and any other fact that the court deems
   49  relevant;
   50         (b) The age of the person who has an intellectual
   51  disability, the functional capacity of such person, the nature
   52  of the offenses or act, the relationship of the person to the
   53  parties in the case or to the defendant in a criminal action,
   54  the degree of emotional trauma that will result to the person as
   55  a consequence of the defendant’s presence, and any other fact
   56  that the court deems relevant; or
   57         (c) The age of the sexual offense victim or witness when
   58  the sexual offense occurred, the relationship of the sexual
   59  offense victim or witness to the parties in the case or to the
   60  defendant in a criminal action, the degree of emotional trauma
   61  that will result to the sexual offense victim or witness as a
   62  consequence of the defendant’s presence, and any other fact that
   63  the court deems relevant.
   64         (4) In addition to such other relief provided by law, the
   65  court may enter orders limiting the number of times that a
   66  child, a person who has an intellectual disability, or a sexual
   67  offense victim or witness may be interviewed, prohibiting
   68  depositions of the victim or witness, requiring the submission
   69  of questions before the examination of the victim or witness,
   70  setting the place and conditions for interviewing the victim or
   71  witness or for conducting any other proceeding, or permitting or
   72  prohibiting the attendance of any person at any proceeding. The
   73  court shall enter any order necessary to protect the rights of
   74  all parties, including the defendant in any criminal action.
   75         (5) The court may set any other conditions it finds just
   76  and appropriate when taking the testimony of a child victim or
   77  witness under 18 years of age, a person who has an intellectual
   78  disability, or a sexual offense victim or witness, including the
   79  use of a service or therapy animal or facility dog that has been
   80  evaluated and registered according to national standards, in any
   81  proceeding involving a sexual offense or child abuse,
   82  abandonment, or neglect.
   83         (a) When deciding whether to allow permit a child victim or
   84  witness under 18 years of age, a person who has an intellectual
   85  disability, or a sexual offense victim or witness to testify
   86  with the assistance of a registered service or therapy animal,
   87  or facility dog, the court shall consider the age of the child
   88  victim or witness under 18 years of age, the age of the sexual
   89  offense victim or witness at the time the sexual offense
   90  occurred, the interests of the child victim or witness under 18
   91  years of age or the sexual offense victim or witness, the rights
   92  of the parties to the litigation, and any other relevant factor
   93  that would facilitate the testimony by the child victim or
   94  witness under 18 years of age, a person who has an intellectual
   95  disability, or a sexual offense victim or witness.
   96         (b) For purpose of this section, the term:
   97         1. “Facility dog” means a dog that has been trained,
   98  evaluated, and certified as a facility dog pursuant to industry
   99  standards and provides unobtrusive emotional support to children
  100  and adults in facility settings.
  101         2. “Therapy animal” means an animal that has been trained,
  102  evaluated, and certified as a therapy animal pursuant to
  103  industry standards by an organization that certifies animals as
  104  appropriate to provide animal therapy.
  105         Section 2. This act shall take effect July 1, 2017.