Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 416
       
       
       
       
       
       
                                Ì1915184Î191518                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/22/2017           .                                
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       The Committee on Judiciary (Montford) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 92.55, Florida Statutes, is amended to
    6  read:
    7         92.55 Judicial or other proceedings involving victim or
    8  witness under the age of 18 years of age, a person who has an
    9  intellectual disability, or a sexual offense victim or witness;
   10  special protections; use of registered service or therapy
   11  animals or facility dogs.—
   12         (1) For purposes of this section, the term:
   13         (a) “Sexual offense victim or witness” means a person who
   14  was under the age of 18 when he or she was the victim of or a
   15  witness to a sexual offense.
   16         (b) “Sexual offense” means any offense specified in s.
   17  775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I).
   18         (2) Upon motion of any party, upon motion of a parent,
   19  guardian, attorney, guardian ad litem, or other advocate
   20  appointed by the court under s. 914.17 for a victim or witness
   21  under the age of 18, a person who has an intellectual
   22  disability, or a sexual offense victim or witness, or upon its
   23  own motion, the court may enter any order necessary to protect
   24  the victim or witness in any judicial proceeding or other
   25  official proceeding from severe emotional or mental harm due to
   26  the presence of the defendant if the victim or witness is
   27  required to testify in open court. Such orders must relate to
   28  the taking of testimony and include, but are not limited to:
   29         (a) Interviewing or the taking of depositions as part of a
   30  civil or criminal proceeding.
   31         (b) Examination and cross-examination for the purpose of
   32  qualifying as a witness or testifying in any proceeding.
   33         (c) The use of testimony taken outside of the courtroom,
   34  including proceedings under ss. 92.53 and 92.54.
   35         (3) In ruling upon the motion, the court shall consider:
   36         (a) The age of the child, the nature of the offense or act,
   37  the relationship of the child to the parties in the case or to
   38  the defendant in a criminal action, the degree of emotional
   39  trauma that will result to the child as a consequence of the
   40  defendant’s presence, and any other fact that the court deems
   41  relevant;
   42         (b) The age of the person who has an intellectual
   43  disability, the functional capacity of such person, the nature
   44  of the offenses or act, the relationship of the person to the
   45  parties in the case or to the defendant in a criminal action,
   46  the degree of emotional trauma that will result to the person as
   47  a consequence of the defendant’s presence, and any other fact
   48  that the court deems relevant; or
   49         (c) The age of the sexual offense victim or witness when
   50  the sexual offense occurred, the relationship of the sexual
   51  offense victim or witness to the parties in the case or to the
   52  defendant in a criminal action, the degree of emotional trauma
   53  that will result to the sexual offense victim or witness as a
   54  consequence of the defendant’s presence, and any other fact that
   55  the court deems relevant.
   56         (4) In addition to such other relief provided by law, the
   57  court may enter orders limiting the number of times that a
   58  child, a person who has an intellectual disability, or a sexual
   59  offense victim or witness may be interviewed, prohibiting
   60  depositions of the victim or witness, requiring the submission
   61  of questions before the examination of the victim or witness,
   62  setting the place and conditions for interviewing the victim or
   63  witness or for conducting any other proceeding, or permitting or
   64  prohibiting the attendance of any person at any proceeding. The
   65  court shall enter any order necessary to protect the rights of
   66  all parties, including the defendant in any criminal action.
   67         (5) The court may set any other conditions it finds just
   68  and appropriate when taking the testimony of a child victim or
   69  witness under 18 years of age, a person who has an intellectual
   70  disability, or a sexual offense victim or witness, including the
   71  use of a service or therapy animal or facility dog that has been
   72  evaluated and registered according to national standards, in any
   73  proceeding involving a sexual offense or child abuse,
   74  abandonment, or neglect.
   75         (a) When deciding whether to allow permit a child victim or
   76  witness under 18 years of age, a person who has an intellectual
   77  disability, or a sexual offense victim or witness to testify
   78  with the assistance of a registered service or therapy animal,
   79  or facility dog, the court shall consider the age of the child
   80  victim or witness under 18 years of age, the age of the sexual
   81  offense victim or witness at the time the sexual offense
   82  occurred, the interests of the child victim or witness under 18
   83  years of age or the sexual offense victim or witness, the rights
   84  of the parties to the litigation, and any other relevant factor
   85  that would facilitate the testimony by the child victim or
   86  witness under 18 years of age, a person who has an intellectual
   87  disability, or a sexual offense victim or witness.
   88         (b) For purpose of this section, the term:
   89         1. “Facility dog” means a dog that has been trained,
   90  evaluated, and certified as a facility dog pursuant to industry
   91  standards and provides unobtrusive emotional support to children
   92  and adults in facility settings.
   93         2. “Therapy animal” means an animal that has been trained,
   94  evaluated, and certified as a therapy animal pursuant to
   95  industry standards by an organization that certifies animals as
   96  appropriate to provide animal therapy.
   97         Section 2. This act shall take effect July 1, 2017.
   98  
   99  ================= T I T L E  A M E N D M E N T ================
  100  And the title is amended as follows:
  101         Delete everything before the enacting clause
  102  and insert:
  103                        A bill to be entitled                      
  104         An act relating to use of animals in proceedings
  105         involving minors; amending s. 92.55, F.S.; specifying
  106         that the court may allow the use of therapy animals or
  107         facility dogs in certain proceedings; allowing certain
  108         animals to be used when taking the testimony of a
  109         person who has an intellectual disability; removing
  110         the requirement that certain animals be registered;
  111         defining terms; providing an effective date.