Florida Senate - 2023                                    SB 1006
       
       
        
       By Senator Bradley
       
       
       
       
       
       6-00602B-23                                           20231006__
    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 civil and
    6         criminal proceedings regarding an animal’s welfare or
    7         custody; providing that a judge’s decision denying an
    8         appointment is not subject to appeal; authorizing an
    9         appointed advocate to take certain actions involving
   10         the proceedings; providing requirements for an
   11         individual to serve as an advocate; providing an
   12         effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 828.035, Florida Statutes, is created to
   17  read:
   18         828.035 Courtroom animal advocates.—
   19         (1) In any prosecution or other court proceeding under s.
   20  413.081, s. 843.19, or this chapter or in any civil or criminal
   21  proceeding regarding the welfare or custody of an animal, the
   22  court may order, upon its own initiative or upon the request of
   23  a party or counsel for a party, that a separate advocate be
   24  appointed to represent the interests of justice. If a court
   25  orders that an advocate be appointed to represent the interests
   26  of justice, the court must appoint such an advocate who meets
   27  the requirements of subsection (3). A decision by the court
   28  denying a request to appoint a separate advocate to represent
   29  the interests of justice is not subject to appeal.
   30         (2) An advocate appointed by the court pursuant to
   31  subsection (1) may do all of the following:
   32         (a) Monitor the case.
   33         (b) Consult any individual who has information that could
   34  aid the judge or finder of fact and review records relating to
   35  the condition of the animal and the defendant’s actions,
   36  including, but not limited to, records from animal control
   37  officers, veterinarians, and police officers.
   38         (c) Attend hearings.
   39         (d) Present information or recommendations to the court
   40  pertinent to determinations that relate to the interests of
   41  justice, provided such information and recommendations are based
   42  solely upon the duties authorized pursuant to this subsection.
   43         (3) To serve, on a voluntary basis, as an advocate under
   44  this section, an individual must be an attorney with knowledge
   45  of animal issues and the legal system or a law school student
   46  who has an interest in animal issues and the legal system and
   47  who is certified by the Florida Supreme Court as a certified
   48  legal intern in this state.
   49         Section 2. This act shall take effect July 1, 2023.