Senate Bill 1048 (2020) — Courtroom animal advocates
SB 1048
Florida Bills
Florida Senate - 2020 SB By Senator Pizzo 38-01729-20 20201048__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled
An act relating to courtroom animal advocates; 2 creating s. 828.035, F.S.; providing for appointment of an advocate for the interests of an animal in certain court proceedings, at the discretion of the court; providing powers and duties of such advocates; 6 requiring the Animal Law
Section of the Florida Bar to maintain a list of attorneys and certified legal interns meeting specified requirements who are eligible to be appointed as such advocates; specifying that certain rules of The Florida Bar govern such advocates; providing an effective date. 12
Be It Enacted by the Legislature of the State of Florida: 14
Section
Section 828.035, Florida Statutes, is created to read: 17 828.035 Courtroom animal advocates.— 18
(1) In any prosecution or other court proceeding under this chapter, s. 413.081, or s. 843.19 or in any other civil or criminal proceeding regarding the welfare, care, or custody of an animal, the court may appoint, upon its own initiative or upon request of a party, an advocate to represent the interests of the animal, whether living or dead. 24
(2) When a court orders that an advocate be appointed to represent the interests of an animal, the court may appoint such advocate from a list provided to the court by the Animal Law
Section of The Florida Bar of designated attorneys and certified legal interns, pursuant to subsections (3) and (4). The court Florida Senate - 2020 SB 1048 38-01729-20 20201048__ CODING: Words stricken are deletions; words underlined are additions. has discretion to appoint or remove the advocate. The decision by a court to appoint an advocate to represent the interests of the animal may be made at any stage of proceedings. 32 (3)(
a) An advocate shall: 33 1. Monitor the case. 34 2. Have access to relevant files, documents, and reports related to the case. 36 3. Share with attorneys for the parties any information new to the case or prepared by the advocate for presentation to the court or a party. 39 4. Present information and recommendations to the court pertinent to determinations that relate to the interests of the animal in question, provided such information and recommendations result from executing the duties undertaken pursuant to this subsection.
Such information and recommendations may be based upon the knowledge and experience of the advocate or another specialist with specific knowledge and experience related to the type of the animal involved in the case. 48
(
b) An advocate may: 49 1. Consult any individual with information that could aid the judge or fact finder. 51 2. Review records relating to the animal’s condition and the defendant’s actions, including, but not limited to, records from animal control officers, veterinarians, and police officers. 55 3. Attend hearings in person or via other means. 56 4. Provide a victim impact statement to the court, as needed and appropriate. 58 Florida Senate - 2020 SB 1048 38-01729-20 20201048__ CODING: Words stricken are deletions; words underlined are additions. (4)(
a) The Animal Law
Section of The Florida Bar shall maintain a list of attorneys and certified legal interns who have indicated a willingness to serve as advocates under this
section on a voluntary basis, and are eligible to do so. 62
(
b) In order to be eligible to serve as an advocate, 63 attorneys and certified legal interns must: 64 1. Be authorized to make court appearances in Florida. 65 2. Have completed training as required by The Animal Law
Section of The Florida Bar. 67
(
c) The Animal Law
Section of The Florida Bar may establish training requirements for persons to serve as advocates, and the rules of professional conduct govern attorneys and certified legal interns operating as advocates under this section. 71