[Flagdu] Fake service dog bill passes house

[Sherrill O'Brien]

Hi Sherri,

Thanks for posting this. 
I saw a similar one on the NAGDU list as well.
Certainly we know that the section of the proposed bill making service
animal fraud a second degree misdemeanor is new. It is also really in vogue
right now, with stories flooding the internet and television about people
passing off their pets as service dogs. I'm hoping that passage of this bill
will help stop the national clamor for mandatory ID cards. In both NAGDU and
FLAGDU's way of thinking, the perpetrators of this fraud should be punished,
not those of us who choose to use service dogs as we go about our daily
lives.

But for some reason, all the articles I've read mention that if this bill
passes we will have a brand new law stating that denial of access to, or
interference with a person with a service animal by a public accommodation
will be a second degree misdemeanor. But we know this law already exists as
part of our current Florida Statute 413.08. I've checked the wording in both
the current law and the proposed bill, and in that section, they're the
same.

However, differing from our FS413.08, this proposed bill would bring the
definition of service animal into compliance with the ADA, narrowing the
definition to a dog or miniature horse. I'm sure we're all for that change!
This proposed bill would also broaden the definition of disability to
include mental disorders,which is in line with that of the ADA . In our
current law, disability only refers to a physical disability. As mentioned
in this article and others, those in Florida who have been diagnosed with
PTSD, and who have service dogs, have been instrumental in moving this bill
along. We'll continue to follow its progress.
 
I hope everyone had a wonderful Easter. I have wished several friends and
collegues from up north a Happy Spring today, but I don't think that's
something we need to wish each other (smile!)

Sherrill

-----Original Message-----
From: Flagdu [mailto:flagdu-bounces at nfbnet.org] On Behalf Of Sherri via
Flagdu
Sent: April 06, 2015 8:20 AM
To: Florida Association of Guide Dog Users'
Subject: [Flagdu] Fake service dog bill passes house

I'm sure Marion and Sherrill know more about this bill than I do, but just 
got this information and thought I would pass it along.

Sherri
FYI.


----- Original Message ----- 
From: "Gerald Idler" <gerryidler at embarqmail.com>
To: "Sherri Brun" <flmom2006 at gmail.com>
Sent: Monday, April 06, 2015 7:33 AM
Subject: service animal bill

Fake service dog bill passes House
 March 30, 2015 | Filed in: 2015 Bills, animal rights, Christine Stapleton,
legislature.

A bill that makes it a misdemeanor to pass your pooch off as a service dog
passed the House on Friday and has its first committee stop in the Senate
this afternoon.11074822_10153163249367241_121988201_n

HB 71 received a unanimous vote on the House floor on Friday, after breezing
through three committees with unanimous votes.

The bill is the second attempt by Rep. Jimmie Smith, R-Inverness, who said
he filed this year's bill after he was approached by disability rights
groups about the increase in pet owners misrepresenting their pets as
service animals to gain entry into restaurants, supermarkets, retail stores,
hotels and other public places. Last year's bill failed when it was not
called up for a committee hearing.

This year's bill makes it a second-degree misdemeanor to misrepresent a dog
as a service animal and also a second-degree misdemeanor to harass disabled
persons with a service animals about their disability and need for the dog.
During the bill's final hearing in the House, a disabled veteran with PTSD
and shrapnel in his back said because his wounds cannot be seen he is often
challenged about his disabilities and need for his dog

Although much of the bill reiterates rights and rules included in the
Americans with Disabilities Act, in also makes misrepresenting your pet as a
service animal or harassing a disabled person with a service dog a
second-degree misdemeanor, punishable by 30 hours of community service for
an organization that assists the disabled or other group decided by a judge.
The community service must be completed within six months.

"It's so easy to basically defraud the system," Smith said. "All you have to
do is buy a vest or tags and when you're challenged you say, "talk to my
lawyer.""

To combat that defense, Smith's bill also includes two questions that
businesses can ask: Is the animal a a service animal required because of a
disability? What tasks has the animal been trained to perform?

A amendment to the Senate version of the bill, SB 414, filed on Friday
brings the bill closer to the House bill. Today's hearing at 4 p.m. will be
broadcast life on The Florida Channel.
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