WHEREAS, pursuant to § 92.55(5), Florida Statutes, a therapy animal or facility dog may be used when taking the testimony of a victim or witness under the age of 18, a person who has an intellectual disability, or a sexual offense victim or witness;

         NOW THEREFORE, I, JAMES R. CLAYTON, Chief Judge of the Seventh Judicial Circuit of Florida, hereby order that the following procedures be followed in instances where a therapy animal or facility dog is needed to assist a minor victim or witness, an intellectually disabled person, or a sexual offense victim or witness with testifying in a non-jury court proceeding involving a sexual offense or child abuse, abandonment, or neglect:

• Qualifying individuals interested in utilizing the services of a therapy animal or facility dog in a proceeding involving a sexual offense or an offense involving child abuse, abandonment, or neglect must file an appropriate motion with the assigned judge requesting permission to utilize said services at least 10 days prior to the date said services are needed.
  • In addition to the date, time and location of the proceeding for which permission to utilize the services are being sought, said motions must contain the name of the therapy animal / facility dog to be utilized, the name of his/her handler, and the name of the organization that provided the requisite training to the animal and handler.

• If the motion is granted, the movant must notify the Court Administrator’s office and supply it with a signed Oath of Confidentiality (attached hereto as Exhibit A) and a signed Agreement to Terms & Conditions (attached hereto as Exhibit B) within 24 hours of the motion being granted. The Court Administrator’s office will notify courthouse security to make appropriate arrangements for screening upon entry to the facility.

• The movant is also responsible for documenting and reporting any incidents surrounding the use of a therapy animal / facility dog to the Court Administrator’s office.
  • Examples of reportable incidents include, but are not limited to injuries to a person or animal; situations where an injury could conceivably have occurred, even though no injury resulted; and damages to property.

• In instances where a motion is granted, it should be noted that under no circumstances is a therapy animal / facility dog permitted to accompany the movant on the witness stand or to otherwise enter the “well” of any courtroom/hearing room.

         IT IS FURTHER ORDERED that nothing in this Order shall be construed to contradict or otherwise contravene the provisions of the Americans with Disabilities Act as it relates to the use of service animals.

TO BE RECORDED in Flagler, Putnam, St. Johns & Volusia counties.

DONE AND ORDERED in DeLand, Volusia County, Florida this 27^th day of September 2022.