Florida Senate - 2017                                     SB 416
       
       
        
       By Senator Montford
       
       3-00146A-17                                            2017416__
    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 service animals,
    5         therapy animals, or facility dogs in certain
    6         proceedings; allowing certain animals to be used when
    7         taking the testimony of a person who has an
    8         intellectual disability; removing the requirement that
    9         certain service or therapy animals must be registered;
   10         providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 92.55, Florida Statutes, is amended to
   15  read:
   16         92.55 Judicial or other proceedings involving victim or
   17  witness under the age of 18, a person who has an intellectual
   18  disability, or a sexual offense victim or witness; special
   19  protections; use of registered service animals, or therapy
   20  animals, or facility dogs.—
   21         (1) For purposes of this section, the term:
   22         (a) “Sexual offense victim or witness” means a person who
   23  was under the age of 18 when he or she was the victim of or a
   24  witness to a sexual offense.
   25         (b) “Sexual offense” means any offense specified in s.
   26  775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I).
   27         (2) Upon motion of any party, upon motion of a parent,
   28  guardian, attorney, guardian ad litem, or other advocate
   29  appointed by the court under s. 914.17 for a victim or witness
   30  under the age of 18, a person who has an intellectual
   31  disability, or a sexual offense victim or witness, or upon its
   32  own motion, the court may enter any order necessary to protect
   33  the victim or witness in any judicial proceeding or other
   34  official proceeding from severe emotional or mental harm due to
   35  the presence of the defendant if the victim or witness is
   36  required to testify in open court. Such orders must relate to
   37  the taking of testimony and include, but are not limited to:
   38         (a) Interviewing or the taking of depositions as part of a
   39  civil or criminal proceeding.
   40         (b) Examination and cross-examination for the purpose of
   41  qualifying as a witness or testifying in any proceeding.
   42         (c) The use of testimony taken outside of the courtroom,
   43  including proceedings under ss. 92.53 and 92.54.
   44         (3) In ruling upon the motion, the court shall consider:
   45         (a) The age of the child, the nature of the offense or act,
   46  the relationship of the child to the parties in the case or to
   47  the defendant in a criminal action, the degree of emotional
   48  trauma that will result to the child as a consequence of the
   49  defendant’s presence, and any other fact that the court deems
   50  relevant;
   51         (b) The age of the person who has an intellectual
   52  disability, the functional capacity of such person, the nature
   53  of the offenses or act, the relationship of the person to the
   54  parties in the case or to the defendant in a criminal action,
   55  the degree of emotional trauma that will result to the person as
   56  a consequence of the defendant’s presence, and any other fact
   57  that the court deems relevant; or
   58         (c) The age of the sexual offense victim or witness when
   59  the sexual offense occurred, the relationship of the sexual
   60  offense victim or witness to the parties in the case or to the
   61  defendant in a criminal action, the degree of emotional trauma
   62  that will result to the sexual offense victim or witness as a
   63  consequence of the defendant’s presence, and any other fact that
   64  the court deems relevant.
   65         (4) In addition to such other relief provided by law, the
   66  court may enter orders limiting the number of times that a
   67  child, a person who has an intellectual disability, or a sexual
   68  offense victim or witness may be interviewed, prohibiting
   69  depositions of the victim or witness, requiring the submission
   70  of questions before the examination of the victim or witness,
   71  setting the place and conditions for interviewing the victim or
   72  witness or for conducting any other proceeding, or permitting or
   73  prohibiting the attendance of any person at any proceeding. The
   74  court shall enter any order necessary to protect the rights of
   75  all parties, including the defendant in any criminal action.
   76         (5) The court may set any other conditions it finds just
   77  and appropriate when taking the testimony of a child victim or
   78  witness, or a sexual offense victim or witness, or a person who
   79  has an intellectual disability, including the use of a service
   80  animal, or therapy animal, or facility dog that has been trained
   81  and evaluated and registered according to industry national
   82  standards, in any proceeding involving a sexual offense or child
   83  abuse, abandonment, or neglect. When deciding whether to permit
   84  a child victim or witness or sexual offense victim or witness to
   85  testify with the assistance of a registered service animal, or
   86  therapy animal, or facility dog, the court shall consider the
   87  age of the child victim or witness, the age of the sexual
   88  offense victim or witness at the time the sexual offense
   89  occurred, the interests of the child victim or witness or sexual
   90  offense victim or witness, the rights of the parties to the
   91  litigation, and any other relevant factor that would facilitate
   92  the testimony by the child victim or witness or sexual offense
   93  victim or witness.
   94         Section 2. This act shall take effect July 1, 2017.