[Flagdu] Florida Statute 413.081 attached and pasted
Sherrill O'Brien
Sherrill.obrien at verizon.net
Mon Jan 11 17:15:45 UTC 2016
Hello again,
Emily wrote to ask for the statute I referred to, so I decided to pass it along to all.
I’ve attached and pasted it below, which I should have done in the first place. Several states have these specific criminal penalties for injuring or killing a service animal, in addition to their access laws.
Here’s our statute.
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.
From: Emily Michael [mailto:emily.k.michael at gmail.com]
Sent: January 11, 2016 11:50 AM
Cc: Sherrill O'Brien
Subject: Re: [NAGDU] Southeastern Guide Dog's Future Uncertain after attack in bradington
Hi Sherrill,
Can you explain the legislation you referred to in this email? I’m not sure I’ve heard of it before.
Best,
Emily
---
Emily K. Michael
emily.k.michael at gmail.com
Blog: http://areyouseeingthis.wordpress.com/
"Nowhere, Love, will world exist but within."
- Rainer Maria Rilke
On Jan 11, 2016, at 11:35 AM, Sherrill O'Brien via NAGDU <nagdu at nfbnet.org> wrote:
Hello to all,
I wanted to pass along this disturbing article about an attack on a guide
dog in Bradington. Unfortunately, as usual, the police seem unaware that
Florida has a specific statute, FS413.081, which addresses attacks on
service dogs. I will be contacting the dog's owner today to let him know
about this statute and offer FLAGDU's assistance if he so wishes.
Thankfully the guide dog was not seriously injured physically, but as the
article states, time will tell whether she has been traumatized by this
frightening thing which happened to her.
I'll keep you posted.
The story is pasted here following my signature, and the link to it is at
the end. Of course, just when you think the article is pretty well written,
the mushy stuff gets thrown in!
Sherrill O'Brien, President
Florida Association of Guide Dog Users
January 8, 2016 11:51 PM
Southeastern guide dog's future uncertain after attack in Bradenton
By AMARIS CASTILLO acastillo at bradenton.com
BRADENTON -- Richard Draper remembers seeing only a white flash in the
second his guide dog, Andie, was attacked.
It was Monday afternoon and the Bradenton resident, who is legally blind
with a little distorted vision, was walking along the 4000 block of Southern
Parkway
with Andie when a witness said three dogs attacked the female guide dog.
Draper, 58, recounted the horrific incident from his living room two days
later beside his wife, Sonia Draper. Andie, who was given to Draper 2 1/2
years
ago by the nonprofit organization Southeastern Guide Dogs, suffered puncture
wounds in the attack.
Head resting on her paws, Andie lay peacefully by Draper's feet. Her future
as a guide dog is now uncertain, and only time will tell if she will be able
to work again.
"I've been lost," Draper said about no longer having his "eyes" with him.
"Andie is like my radar."
According to a Manatee County Animal Services activity card, two dogs came
out of Manuel Welborn's garage and went after Andie.
"Draper was not bitten, however his guide dog Andie, a female Lab, did have
blood spots under her neck," the document states.
Draper remembers yelling at the first dog to stop. He soon found himself in
the median during the scuffle, halfway across the street from Robert H.
Prine
Elementary School.
"I'm trying to kick this dog and I'm trying to kick at it and he keeps
lunging at Andie," Draper said. "I'm kicking and then another dog grabbed my
leg."
Robert Hodgin, who lives in the neighborhood, was walking his golden
retriever when he heard the commotion between Draper, Andie, and three dogs
he described
as pitbulls.
"One dog grabbed his pants, the other grabbed his dog in the throat and the
other was snapping at him," Hodgin said.
The 71-year-old said he jumped in to give Draper some relief.
"It was so quick. You don't know whether you should have been involved or
not, but I felt sorry for him," Hodgin said. "I didn't want my dog to be
attacked,
but I ran up there anyway and got in the middle."
One of the dogs finally let go after he kicked it in the side several times,
Hodgin said.
Welborn, the owner of the dogs, then came out, according to Hodgins.
"He's giving us heck for being mean to his dog," Hodgins said. "They were
like wolves. Once they got a hold of him, they wouldn't let go."
In the activity card issued by MCAS, a Bradenton police officer who
responded to the scene reported there were only two dogs. But Hodgin said
there were
three and, according to the MCAS document, Welborn admitted to having a
third dog but said she was not involved in the attack.
An Animal Services officer cited Welborn for dog at large causing injury.
"It was just a big misunderstanding," Welborn said briefly when reached by
phone Thursday afternoon.
A second attempt to reach him for further comment was unsuccessful.
Draper expressed anger at the responding police officer, who Draper accused
of handling the situation like a "regular dog bite case." He added that the
guide dog's training alone is worth $60,000.
"Andie is my husband's eyes, period," Sonia said.
Since the incident, Sonia said it's been strange to see Richard navigating
with his cane.
The couple later spoke to Bradenton Police Sgt. Joseph Kelly about the
incident.
"He did speak with the couple and the issue has been referred to the
officer's direct supervisor, which is Lt. Jeremy Giddens, who is going to
look into
the issue," said Bradenton Police Captain William Fowler. "We recognize that
there are specific types of working dogs and that seeing eye dogs is a
specific
type of working dog. As far as having any formal training with them, we have
none."
Officers, Fowler added, generally don't deal with guide dogs.
This is the third reported attack on a Southeastern guide dog nationwide,
according to Suzy Wilburn, the organization's director of Admissions and
Graduate
Services. The other two incidents happened in North Carolina and South
Carolina.
"We have to give Andie time enough to heal first and put the harness back on
her and see if she's willing to work again," Wilburn said. "Sometimes we
have
dogs that are traumatized from events like this, and they connect it to
having the harness on and being in a working mode, and then they decide that
working
is what caused this trauma to them and they refuse to work."
Andie, Wilburn said, may recover from this but she needs time. Wilburn said
the organization will check in with Draper in a week or so to see how Andie
is faring. If she doesn't seem withdrawn, Wilburn said the organization will
then send a trainer to the Draper home to work with her.
"I think this situation brings to light that a lot of education needs to be
done for what a guide dog is and how important they are," Wilburn said.
"Pets
are one thing, but this is different. A guide dog is somebody's lifeline to
freedom."
The Drapers hope this story helps the community-at-large to understand the
importance of a guide dog in the life of a person with a disability.
"There's a lot of ignorance, a lot of misunderstanding," Sonia said.
In a way, Andie is a magnet to Draper. At one point, she jumped onto the
couch and nestled on his lap.
>From the moment Draper gets up in the morning, she follows him everywhere.
Andie serves as his eyes, leading Draper and never failing to follow the
server
to their table whenever they go to any restaurant.
"She's with me all the time," Draper said as he pet Andie. "She keeps me
safe."
Amaris Castillo, law enforcement/island reporter, can be reached at
941-745-7051. Follow her on Twitter @AmarisCastillo.
http://www.bradenton.com/news/local/article53682568.html
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