[nagdu] Florida: Is your pet really a service animal? Billmakes it a crime to lie about it

[Julie J.]

I would think that it would be a judge who would decide.  that's how 
disability is decided under other laws, like the ADA.  The ADA just says 
something like an impairment of a major life function like seeing, hearing 
or walking.  It is through court cases and judges interpetations that we 
find out exactly what is meant by a major life function.  Is it sometimes, 
most of the time, always except on Tuesday...and what if I can hear a little 
or walk a few steps?  How much impairment qualifies as a disability is what 
judges do.  They interpet the law and apply it to specific situations.

Julie
http://www.falling-up.com

-----Original Message----- 
From: Star Gazer via nagdu
Sent: Tuesday, December 16, 2014 11:14 AM
To: 'Ginger Kutsch' ; 'NAGDU Mailing List,the National Association of Guide 
Dog Users'
Subject: Re: [nagdu] Florida: Is your pet really a service animal? Billmakes 
it a crime to lie about it

I have a couple questions.
Who would adjudicate whether or not someone was lying? There is no database 
in the sky of service dogs and handlers.
Is NFB behind this bill?


-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Ginger Kutsch via 
nagdu
Sent: Tuesday, December 16, 2014 8:26 AM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: [nagdu] Florida: Is your pet really a service animal? Bill makes it 
a crime to lie about it

Florida: Is your pet really a service animal? Bill makes it a crime to lie 
about it

Palm Beach Post - Blog

 December 15, 2014      | Filed in: State House.

Source URL: 
http://postonpolitics.blog.palmbeachpost.com/2014/12/15/is-your-pet-really-a-service-animal-bill-makes-it-a-crime-to-lie-about-it/



Trying to pass your family pet off as a service animal would be against the 
law under a bill proposed by Rep. Jimmie Smith, R-Inverness.



“I love that people love their animals and want to take them with them,” 
said Smith. But when people bring their pet into restaurants and businesses 
pretending it is a service animal and that animal misbehaves, “it distracts 
from people’s trust in what a service dog is.”



Smith filed a similar bill last year after he was approached by disability 
rights groups about the increase in pet owners claiming their pet is a 
service animal. The bill failed when it was not called up for a committee 
hearing.



Smith said he tweaked this year’s bill, HB 71, after he spoke with 
representatives of restaurant, entertainment and business trade groups.



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 a second-degree misdemeanor.



The punishment: 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 service animal required because of a 
disability? What tasks has the animal been trained to perform?



The bill also defines service animal to apply to dogs and miniature horses, 
not flying squirrels or other animals.



“One amusement park said someone came in with a flying squirrel and claimed 
it was a service animal,” Smith said, adding that the law is specifically 
intended to protect those with invisible disabilities, such as PTSD, 
allergies, diabetes and vertigo



“It’s quite apparent some are not service animals.”



Text of Florida HB71 is located at:

http://myfloridahouse.com/Sections/Bills/billsdetail.aspx?BillId=53081







_______________________________________________
nagdu mailing list
nagdu at nfbnet.org
http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
To unsubscribe, change your list options or get your account info for nagdu:
http://nfbnet.org/mailman/options/nagdu_nfbnet.org/pickrellrebecca%40gmail.com


_______________________________________________
nagdu mailing list
nagdu at nfbnet.org
http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
To unsubscribe, change your list options or get your account info for nagdu:
http://nfbnet.org/mailman/options/nagdu_nfbnet.org/julielj%40neb.rr.com


-----
No virus found in this message.
Checked by AVG - www.avg.com
Version: 2012.0.2249 / Virus Database: 4235/8245 - Release Date: 12/16/14