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).
...Except that this misunderstands criminal law and procedure. By making something a misdemeanor, the legislature made it a criminal act, for which the same constitutional rights and procedural safeguards apply as applies to murder - or any other crime. Police must have more than a mere "suspicion" that someone is in violation of the law before effectuating a stop/detention of that person. And even if the police do have a "reasonable suspicion" (articulable objective suspicion), or probable cause, to stop and detain someone for questioning, that someone has the right to remain silent and refuse to answer police questions. So the police can "quiz" people all they want, but people have the right to invoke Miranda and remain silent. Also, being that this is now a crime, if there is a physical arrest (or notice to appear issued), then the burden of proof is on the State of Florida to prove that the defendant committed the criminal act, beyond a reasonable doubt; there is no burden on a defendant to affirmatively prove their innocence. Moreover, the defendant would be entitled to a jury trial, even for a second-degree misdemeanor. The term "citation" is a bit misleading because it commonly implies a civil infraction with a financial penalty - like a speeding ticket - where the loss of liberty (incarceration/jail) is not a potential consequence. For a misdemeanor/criminal offense, if a person is not taken to jail upon arrest, then they are issued an NTA with a mandatory court date. Jurisdictions across Florida vary on how often law enforcement makes use of NTAs versus physical arrests. (In other words, some counties like taking people to jail more than others.)
It's also worth noting that there is equal criminal liability on the other side of the coin:
"
Any person, firm, or corporation, or the agent of any person, firm, or corporation, who denies or interferes with admittance to, or enjoyment of, a public accommodation or, with regard to a public accommodation, otherwise interferes with the rights of an individual with a disability or the trainer of a service animal while engaged in the training of such an animal pursuant to subsection (8), commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 and must perform 30 hours of community service for an organization that serves individuals with disabilities, or for another entity or organization at the discretion of the court, to be completed in not more than 6 months." Section 413.08(4), Florida Statutes.
So, places of public accommodation - and their agents - would want to tread lightly before over-policing service animals.
I think the threat of jail will discourage a lot of people with fake service animals but I think the main deterrent from the law is knowing you will go to jail if your fake service animal bites someone, goes to the bathroom in a store, is barking, or is doing anything that would be highly unlikely with a real trained service dog.
...
Maybe,
if people
know about the "threat of jail." Criminal laws and their effects on subsequent criminal behavior is the core of criminology. There is little agreement in the scientific literature about whether criminal sanctions affect subsequent criminal behavior. I would venture to say that 99 out of 100 theme park guests will not even be aware of the statutory prohibition and potential criminal sanctions buried deep within the Florida Statutes. Add to that - this is a brand new law. Unless people are put on notice through mass media coverage or at the turnstiles... my guess is that a great majority of guests are not reading all of the Florida Statutes during their flight into Orlando International Airport. The printed edition of the Florida Criminal Laws - alone - are about the size of a traditional phonebook. (And, quite ironically, the Statutes pertaining to service animals are not even included in the printed edition of the Florida Criminal Laws and Rules publication. So, reviewing that book front-to-back would not provide any guidance on this matter.)
For anyone who is interested, below are some of the provisions from the new law. This is not the entire statute; just the sections that have specific additions/changes in language and are related to this topic of discussion. Section (9), at the end, is the new criminal liability provision.
Section 413.08, Florida Statutes, is amended to read:
(1)(d) “Service animal” means an animal that is trained to do work or perform tasks for an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The work done or tasks performed must be directly related to the individual’s disability and may include, but are not limited to, guiding an individual who is visually impaired or blind, alerting an individual who is deaf or hard of hearing, pulling a wheelchair, assisting with mobility or balance, alerting and protecting an individual who is having a seizure, retrieving objects, alerting an individual to the presence of allergens, providing physical support and assistance with balance and stability to an individual with a mobility disability, helping an individual with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors, reminding an individual with mental illness to take prescribed medications, calming an individual with posttraumatic stress disorder during an anxiety attack, or doing other specific work or performing other special tasks. A service animal is not a pet. For purposes of subsections (2), (3), and (4), the term “service animal” is limited to a dog or miniature horse. The crimedeterrent effect of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for purposes of this definition.
(3)(a) The service animal must be under the control of its handler and must have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal’s safe, effective performance of work or tasks, in which case the service animal must be otherwise under the handler’s control by means of voice control, signals, or other effective means.
(3)(b) Documentation that the service animal is trained is not a precondition for providing service to an individual accompanied by a service animal. A public accommodation may not ask about the nature or extent of an individual’s disability. To determine the difference between a service animal and a pet, a public accommodation may ask if an animal is a service animal required because of a disability and what work or tasks the animal has been trained to perform.
(3)(f) A public accommodation may exclude or remove any animal from the premises, including a service animal, if the animal is out of control and the animal’s handler does not take effective action to control it, the animal is not housebroken, or the animal’s behavior poses a direct threat to the health and safety of others. Allergies and fear of animals are not valid reasons for denying access or refusing service to an individual with a service animal. If a service animal is excluded or removed for being a direct threat to others, the public accommodation must provide the individual with a disability the option of continuing access to the public accommodation without having the service animal on the premises.
(9) A person who knowingly and willfully misrepresents herself or himself, through conduct or verbal or written notice, as using a service animal and being qualified to use a service animal or as a trainer of a service animal commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 and must perform 30 hours of community service for an organization that serves individuals with disabilities, or for another entity or organization at the discretion of the court, to be completed in not more than 6 months.
