[Flagdu] Florida statute protecting service animals

Tue Feb 15 02:18:58 UTC 2011

Hello Pat and all,

I'm happy to be able to say that indeed Florida has such a law, which is
part of our Florida Statute 413.08, which deals with rights of a person who
uses a service animal.  For quick reference to the section on protecttion of
both the guide dog user and their dog from reckless or intentional
interference or injury, I've both pasted and attached Florida Statute
413.081.  Probably a good document to keep on file.  We sure hope we never
need it, but I know we all feel a little more secure in the knowledge that
Florida law protects us and our dogs.

Sherrill

Florida Statute 413.08.htmFlorida Statute 413.08
Rights of an individual with a disability; use of a service animal;

413.081  Interference with or injury to a service animal; penalties;
restitution.--

(1)  A person who, with reckless disregard, interferes with, or permits a
dog
that he or she owns or is in the immediate control of to interfere with, the
use
of a service animal by obstructing, intimidating, or otherwise jeopardizing
the
safety of the service animal or its user commits a misdemeanor of the second
degree for the first offense and a misdemeanor of the first degree for each
subsequent offense, punishable as provided in s. 775.082 or s. 775.083.

(2)  A person who, with reckless disregard, injures or kills, or permits a
dog
that he or she owns or is in the immediate control of to injure or kill, a
service animal commits a misdemeanor of the first degree, punishable as
provided
in s. 775.082 or s. 775.083.

(3)  A person who intentionally injures or kills, or permits a dog that he
or
she owns or is in the immediate control of to injure or kill, a service
animal
commits a felony of the third degree, punishable as provided in s. 775.082,
s.
775.083, or s. 775.084.

(4)(a)  A person who is convicted of a violation of this section, in
addition to
any other penalty, must make full restitution for all damages that arise out
of
or are related to the offense, including incidental and consequential
damages
incurred by the service animal's user.

(b)  Restitution includes the value of the service animal; replacement and
training or retraining expenses for the service animal and the user;
veterinary
and other medical and boarding expenses for the service animal; medical
expenses
for the user; and lost wages or income incurred by the user during any
period
that the user is without the services of the service animal.

History.--s. 2, ch. 2002-176; s. 2, ch. 2005-63.

-----Original Message-----
From: flagdu-bounces at nfbnet.org [mailto:flagdu-bounces at nfbnet.org]On
Behalf Of Patricia A. Lipovsky
Sent: Monday, February 14, 2011 3:30 PM
To: Florida Association of Guide Dog Users
Subject: Re: [Flagdu] FW: New Jersey Residents Petition Lawmakers to
KeepSeeing Eye Dogs Safe from Attacks

Cheryl, do you know if we have something like this in the state of Florida?

----- Original Message -----
From: "Sherrill O'Brien" <sherrill.obrien at verizon.net>
To: "Nagdu" <nagdu at nfbnet.org>; "FLAGDU List" <flagdu at nfbnet.org>
Sent: Monday, February 14, 2011 11:41 AM
Subject: [Flagdu] FW: New Jersey Residents Petition Lawmakers to Keep Seeing
Eye Dogs Safe from Attacks

> Happy Valentine's Day to all, and your pooches, of course!
>
> I thought I should pass along this Seeing Eye press release...nothing to
> do
> with Cupid, but it's certainly positive news.
>
> Sherrill
>
>
> -----Original Message-----
> From: The Seeing Eye, Inc. [mailto:noreply_seeingeye.org at bmsend.com]On
> Behalf Of The Seeing Eye, Inc.
> Sent: Monday, February 14, 2011 11:09 AM
> To: Sherrill O'Brien
> Subject: New Jersey Residents Petition Lawmakers to Keep Seeing Eye Dogs
> Safe from Attacks
>
>
>
> To view as a Webpage, click here:
>
http://visitor.benchmarkemail.com/c/v?e=AB70C&c=FBD7&email=hOKGJncbX50ZVsXrs
> Gnq9xQxjf5bV%2BkiCLvbKur5l%2Bw%3D&relid=C6EC15A
> The Seeing Eye, Inc.
>
>  For Immediate Release
>
> The Seeing Eye, Inc.
>
> [1]
>
> February 14, 2011
>
>  New Jersey Residents Petition Lawmakers to Keep Seeing Eye Dogs Safe from
> Attacks
>
>  MORRISTOWN, N.J.   Representatives from The Seeing Eye, including puppy
> raising families with Seeing Eye  puppies, President & CEO Jim Kutsch, his
> wife Ginger, and their Seeing Eye dogs Colby and Pixie, will assemble at
> the
> Statehouse February 17. They will deliver hundreds of petition signatures
> to
> lawmakers which call for New Jersey to adopt Assembly Bill 832 and
> Dusty's
> Law , Assembly Bill 3226. Both bills provide service dogs with protection
> against attacks and interference by either people or other dogs.
>
> The petitions were drafted in response to a growing concern for the safety
> of New Jersey's guide dog teams and a horrific incident last summer when
> Dusty, a Seeing Eye puppy in training, was viciously attacked by another
> dog. Dusty sustained severe injuries requiring 98 stitches and the removal
> of four teeth which were crushed during the attack.
>
> "Seeing Eye dogs are especially vulnerable to injury during an attack
> because they ve been bred and trained to be non-aggressive.  Further, they
> are unlikely to leave their masters  sides, even to save themselves," said
> Seeing Eye President & CEO Jim Kutsch. "We are deeply grateful to the
> bipartisan team of state senators and assemblymen sponsoring these bills
> for
> recognizing the need to provide greater protection for service animals."
>
> A832, introduced by Assemblyman Nelson T. Albano (D - Cape May), and its
> companion bill, S1154 initiated by Senator Jeff Van Drew (D - Cape May),
> establish new crimes against people who intentionally harm or interfere
> with
> a service animal. Dusty's Law, A3226, sponsored by Assemblyman Robert
> Schroeder (R - Bergen) and Assemblyman Jon Bramnick (R -
> Union/Somerset/Morris/Essex), establishes mandatory fines for pet owners
> whose dogs attack, injure, or otherwise interfere with a service animal.
>
> New Jersey is one of the few states that do not yet provide criminal
> sanctions for attacks and interference against service animals. For more
> information about how you can help protect guide dog teams, please visit
> The
> Seeing Eye's Web site at [2] www.SeeingEye.org/protector email [3]
> advocacy at seeingeye.org.
>
> Established in 1929, The Seeing Eye provides specially bred and trained
> dogs
> to guide people who are blind. Seeing Eye  dog users experience greatly
> enhanced mobility and independence, allowing them to retain their active
> lifestyles despite blindness. The Seeing Eye is a philanthropy supported
> by
> contributions from individuals, corporations and foundations, bequests,
> and
> other planned gifts.
>
> The Seeing Eye is a trademarked name and can only be used to describe the
> dogs bred and trained at the school s facilities in Morristown, N.J. If
> you
> would like more information on The Seeing Eye, please visit the website at
> [4] www.SeeingEye.org, call (973) 539-4425, or email [5]
> info at seeingeye.org.
>
> ###
>
>  [6] www.SeeingEye.org
>
>
> References:
>
> 1. mailto:mbarlak at seeingeye.org
> 2. http://www.SeeingEye.org/protect
> 3. mailto:advocacy at seeingeye.org
> 4. http://www.SeeingEye.org
> 5. mailto:info at seeingeye.org
> 6. http://www.seeingeye.org/
>
>
>
>
> This message was sent to sherrill.obrien at verizon.net by
> noreply at seeingeye.org
>
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