Miami-Dade
Legislative Item File Number: 170417 |
Printable PDF Format Clerk's Official Copy |
File Number: 170417 | File Type: Resolution | Status: Adopted | ||||||||||||||
Version: 0 | Reference: R-271-17 | Control: Board of County Commissioners | ||||||||||||||
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Requester: NONE | Cost: | Final Action: 3/7/2017 | ||||||||||||||
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Sunset Provision: No | Effective Date: | Expiration Date: |
Registered Lobbyist: | None Listed |
Legislative History |
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Acting Body | Date | Agenda Item | Action | Sent To | Due Date | Returned | Pass/Fail |
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Board of County Commissioners | 3/7/2017 | 11A11 | Adopted | P | |||
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County Attorney | 2/16/2017 | Assigned | James Eddie Kirtley | 2/28/2017 | |||
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Legislative Text |
TITLE RESOLUTION SUPPORTING SB 416 AND HB 151, OR SIMILAR LEGISLATION THAT WOULD ALLOW THE USE OF SERVICE ANIMALS, THERAPY ANIMALS, OR FACILITY DOGS IN COURT PROCEEDINGS INVOLVING ABUSE, ABANDONMENT, OR NEGLECT, AND WHEN TAKING TESTIMONY OF INTELLECTUALLY DISABLED PERSONS BODY WHEREAS, Senate Bill 416 and House Bill 151 have been filed for consideration during the Florida Legislature�s 2017 session by Senator Bill Montford (D � Quincy) and Representative Jason T. Brodeur (R � Sanford), respectively; and WHEREAS, SB 416 and HB 151 would authorize courts to allow the use of a trained service animal, therapy animal, or facility dog when taking the testimony of a child victim or witness, a sexual offense victim or witness, or a person with an intellectual disability in any proceeding involving a sexual offense or child abuse, abandonment, or neglect; and WHEREAS, when deciding whether to permit a child victim or witness, a sexual offense victim or witness, or a person with an intellectual disability to testify with the assistance of a trained animal, SB 416 and HB 151 would require courts to consider the age of the child victim or witness, the age of the sexual offense victim or witness at the time the sexual offense occurred, the interests of the child victim or witness or sexual offense victim or witness, the rights of the parties to the litigation, and any other relevant factor that would facilitate the testimony by the child victim or witness or sexual offense victim or witness; and WHEREAS, according to CourthouseDogs.org, an organization that provides technical assistance and training for agencies that want to establish a best practices program for utilizing dogs for emotional support in legal proceedings, it is important to allow the use of trained animals in court proceedings because of the emotional toll a courtroom trial or hearing can have on victims or witnesses; and WHEREAS, as Ellen O�Neil-Stephens of CourthouseDogs.org explains, �[l]egal proceedings can be emotionally traumatic,� because �[a] person on a witness stand can start to experience a physiological reaction they had at the time of the event,� and �[a] facility dog can give that person a positive association with the process rather than re-traumatizing them�; and WHEREAS, according to an American Bar Association article entitled Canines in the Courtroom, �prosecutors and judges are finding that the presence of a well�trained dog [in a court proceeding] aids witness testimony by providing the victim with emotional support and comfort both in the witness room and in the courtroom,� and �[s]uccess stories are beginning to emerge demonstrating that the use of canines in the courtroom not only provides the victim with a more positive outcome but also offers the victim a positive, life-changing experience�; and WHEREAS, the article concludes that �[t]he use of courthouse dogs can help bring about a major change in how we meet the emotional needs of all involved in the criminal justice system,� as �[t]he dog�s calming presence creates a more humane and efficient system that enables judges, lawyers, and staff to accomplish their work in a more positive and constructive manner�; and WHEREAS, accordingly, this Board wishes to support SB 416 and HB 151, or similar legislation that would allow for trained animals to be used in certain court proceedings to help victims, witnesses, and persons with intellectual disabilities provide testimony, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board: Section 1. Supports SB 416 and HB 151, or similar legislation that would allow the use of service animals, therapy animals, or facility dogs in court proceedings involving abuse, abandonment, or neglect, and when taking testimony of intellectually disabled persons. Section 2. Directs the Clerk of the Board to transmit certified copies of this resolution to the Governor, the Senate President, the House Speaker, Senator Bill Montford, Representative Jason T Brodeur, and the Chair and Members of the Miami-Dade State Legislative Delegation. Section 3. Directs the County�s state lobbyists to advocate for the legislative action described in Section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to amend the 2017 State Legislature Package to include this item. |
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