Florida Senate - 2024                                     SB 272
       
       
        
       By Senator Bradley
       
       
       
       
       
       6-00485-24                                             2024272__
    1                        A bill to be entitled                      
    2         An act relating to the appointment of courtroom animal
    3         advocates; creating s. 828.035, F.S.; authorizing a
    4         court to order that a separate advocate be appointed
    5         in the interests of justice for certain criminal
    6         proceedings regarding a cat or dog’s welfare or
    7         custody; providing that a judge’s decision denying an
    8         appointment of such an advocate is not subject to
    9         appeal; authorizing an appointed advocate to take
   10         certain actions involving the proceedings; providing
   11         requirements for an individual to serve as an
   12         advocate; providing applicability; providing an
   13         effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 828.035, Florida Statutes, is created to
   18  read:
   19         828.035 Courtroom animal advocates.—
   20         (1) In any prosecution or other court proceeding under s.
   21  413.081, s. 843.19, or this chapter or in any criminal
   22  proceeding regarding the welfare or custody of a cat or dog, the
   23  court may order, upon its own initiative or upon the request of
   24  a party or counsel for a party, that a separate advocate be
   25  appointed to represent the interests of justice. If a court
   26  orders that an advocate be appointed to represent the interests
   27  of justice, the court must appoint an advocate who meets the
   28  requirements of subsection (3). A decision by the court denying
   29  a request to appoint a separate advocate to represent the
   30  interests of justice is not subject to appeal.
   31         (2) An advocate appointed by the court pursuant to
   32  subsection (1) may do all of the following:
   33         (a) Monitor the case.
   34         (b) Consult any individual who has information that could
   35  aid the judge or the finder of fact and review records relating
   36  to the condition of the cat or dog and the defendant’s actions,
   37  including, but not limited to, records from animal control
   38  officers, veterinarians, and police officers.
   39         (c) Attend hearings.
   40         (d) Present information or recommendations to the court
   41  pertinent to determinations that relate to the interests of
   42  justice, provided that such information and recommendations are
   43  based solely upon the duties authorized pursuant to this
   44  subsection.
   45         (3) To serve, on a voluntary basis, as an advocate under
   46  this section, an individual must be an attorney or a certified
   47  emeritus lawyer under rules of The Florida Bar who has knowledge
   48  of animal issues and the legal system or must be a law school
   49  student who has an interest in animal issues and the legal
   50  system and who is certified by the Florida Supreme Court as a
   51  certified legal intern in this state. Advocates are required to
   52  be trained to understand their roles and responsibilities under
   53  subsection (2). A list of qualified advocates must be maintained
   54  by the Animal Law Section of The Florida Bar.
   55         (4) This section does not apply to an entity that is
   56  accredited through a nationally or internationally recognized
   57  zoo or aquarium accreditation organization.
   58         Section 2. This act shall take effect July 1, 2024.