New Florida law addresses "fake" service animals with possible jail time

MissM

Well-Known Member
Original Poster
I know this is a hot button topic. I am not trying to start any sort of argument, but I thought it was worth sharing since we have all seen people bringing pets into places such as theme parks under the guise that they are legitimate service dogs, when in fact, they are not.

Owners of fake service animals may get jail time with new Florida law
By MARISOL MEDINA
The Associated Press
Published: June 29, 2015

MIAMI – A new Florida law taking effect July 1 will make it a misdemeanor to pass off an unqualified pet as a service animal.

The law, proposed by state Rep. Jimmie Smith, R-Inverness, will make misrepresenting a dog as a service dog a second-degree misdemeanor. The offense is punishable with up to 60 days in jail and 30 hours of community service for an organization that services people with disabilities, to be completed in less than six months.

The law will also make it illegal to deny accommodations to or discriminate against anyone accompanied by a service animal, which the law defines as dogs or miniature horses.

Nick Kutsukos, who has been training service dogs for more than 20 years and owns Elite K9 Academy in Jupiter, said the law was long overdue.

“There’s no national certification,” he said. “People buy vests online and sign a waiver saying their dog is trained.”

The Americans with Disabilities Act’s website says some service dogs may wear special collars or harnesses and have certifications, but no one may ask for documentation to provide services because the disabled person is unlikely to have it with them.

The website also says a person may ask the dog’s handler whether it is required because of a disability and what tasks the dog has been trained to do.

Kutsukos, 79, said certain tell-tale signs can help spot an impostor.

“The behavior is going to tell you,” he said.

Kutsukos said a service dog needs to undergo more than 100 hours of training and will not bark excessively, tug or pull. Most dogs will also have a patch on the vest from the academy where they trained.

“If you just have a vest without a patch, I almost guarantee they ordered the vest online,” he said.

Original Article Link: http://tbo.com/news/florida/owners-...-get-jail-time-with-new-florida-law-20150629/

 

MarkTwain

Well-Known Member
Should be very interesting to see how this plays out.

I'm not sure I see Disney actively enforcing this law (I can't imagine they would train all the cast to recognize these "clues", much less confront guests about them), but I wonder if they'll do like the selfie sticks and put some advisory signage up.
 

NowInc

Well-Known Member
This is actually a HUGE issue here in South Florida. So many people insist on bringing dogs (usually in strollers) every place that they go and claim its a service dog (because they know no one can ask for proof). Most don't even bother buying the vest.

I am a dog lover and I find this practice to be obnoxious.
 

DisneyDebRob

Well-Known Member
In today's world of being so PC about everything,your always going to have someone try and beat the system and ruining it for all the legit people. If you can't ask to show proof, then we can't get mad at the things we here about going on. Was just packing my pot bellied pig in the car for my trip... Guess the pet sitter will have to be called. Wait,they can't ask right? Hmmmmmm

(I don't own a pig)
 

PhotoDave219

Well-Known Member
In today's world of being so PC about everything,your always going to have someone try and beat the system and ruining it for all the legit people. If you can't ask to show proof, then we can't get mad at the things we here about going on. Was just packing my pot bellied pig in the car for my trip... Guess the pet sitter will have to be called. Wait,they can't ask right? Hmmmmmm

(I don't own a pig)

I dont blame political correctness. I blame people on being scammers, schemers and lacking any sense of moral character. I may have NSFW habits but I've got a very good sense of right and wrong.
 

flynnibus

Premium Member
Seems like a giant can of worms. I like it in principle, but the issue becomes "prove it."

Simple... places of public accommodation aren't allowed to quiz people and require proof... that doesn't mean the police can't. If they suspect you are in violation of the law, they will have to provide proof of the dog's training/purpose.. if not, citation. The police are enforcing the state law... it's not a subject of discrimination in a public accommodation (which is what the federal law covers).
 

DManRightHere

Well-Known Member
....miniature horses... :confused::confused::confused:

I would be ed if someone brought a miniature horse into my business.

Here is what I found on miniature horse.

What animals are eligible to be service animals?
As of the last revision on March 15, 2011, the law specifies that only dogs are currently recognized as service animals under titles II and III. There is a provision listed for miniature horses that are 24 to 34 inches in height and 70 to 100 pounds in weight. The miniature horse provision does list requirements for the horses.

Miniature horses used as service animals must:

  • Be housebroken
  • Be under the owner’s control
  • Not compromise the facility’s operations
  • Be able to be accommodated by the facility based on type, size and weight
Entities that serve the public are required to accommodate miniature horses as service animals based on the above provisions.
 
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Incomudro

Well-Known Member
Thats not legal. You cant ask that of people under the ADA.

There are plenty of people on scooters that need them for varying reasons. Tramautic Brain Injuries are one of them.

That's where the Doctors note - and perhaps X-rays come in.
My post was meant as sarcasm.
I think scooters have been a wonderful way for people to get out, who's physical condition had previously prevented them from doing so.
Of course, I also believe that - people being people - there are multitudes of able bodied people taking advantage.
I also believe that there are a lot of people who are letting there bodies atrophy by giving up on walking.
 

DisneyDebRob

Well-Known Member
I dont blame political correctness. I blame people on being scammers, schemers and lacking any sense of moral character. I may have NSFW habits but I've got a very good sense of right and wrong.
I agree with you on all points except for the PC police. They are everywhere.:cool:
 

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