[nagdu] proposed Florida legislation, criminal penalties for service animal fraud

Sun Feb 22 02:03:45 UTC 2015

Hi Sherrill, thanks so much for posting the text of the bill. While I agree that enforcing penalties against people who misrepresent their pets as service animals is problematic, there is evidence from California that shows that businesses that post signs warning of criminal penalties for misrepresentation can help reduce incidents of fraud. 

Anyway, I thought the bill did a nice job of addressing a lot of the challenges faced by service animal handlers. I did wonder about allowing housing providers to verify vaccinations though. I don't think housing providers should be granted permission to police the health care of service animals.  

Also, I noticed that the various definitions of a service animal were recognized in the context of housing, air carriers, and public accommodations but I didn't see any allowances for the definition of service animals as it pertains to ground transportation e.g. taxis, trains, buses, etc. The Department of Transportation did not change its definition of a service animal in 2010 when the Department of Justice revised its definition under Titles II & III of the ADA. That means  that other species besides dogs and miniature horses can still be service animals under the DOT. Maybe the bill does include that info somewhere and I missed it?

Thanks,
Ginger  

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Sherrill O'Brien via nagdu
Sent: Saturday, February 21, 2015 5:58 PM
To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
Subject: [nagdu] proposed Florida legislation, criminal penalties for service animal fraud, was Arizona - URGENT LEGISLATIVE ALERT; HB2179 AMENDMENT MAKES SIGNIFICANT CHANGES TO RIGHTSOF PERSONS WHO USE SERVICE ANIMALS

Hi Julie and all,

As Flagdu's President, I'm familiar with this proposed legislation. This is the language of the bill as it was originally filed, and Up to this point no changes have been made. There is also a companion bill in the Senate.

I've attached the entire proposed bill, just in case anyone is interested in taking a look. But here's the section you asked about:

"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,  as punishable in s.775.082 or s.775.083 and must perform thirty 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 six months."

So there you have it. By the way, the second degree misdemeanor numbers refer to a prison sentence of no more than sixty days, or a 500 dollar fine. It's more likely that a person would simply be sentenced to perform community service rather than pay a fine or go to jail. But in many instances that would still be a satisfactory outcome, in my opinion.
These are exactly the same criminal penalties as called for when a person with a service animal is denied access.
 If this legislation passes, like Marion, I don't know if we will ever get a conviction for this sort of fraud. But when the word gets out that there are criminal  consequences, and that you might actually have to go to court, at least some folks might think twice about bringing their little Snuggams to the movies! 

Sherrill

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Julie J. via nagdu
Sent: February 21, 2015 1:16 PM
To: Marion Gwizdala; 'NAGDU Mailing List, the National Association of Guide Dog Users'
Subject: Re: [nagdu] FWD: Arizona - URGENT LEGISLATIVE ALERT; HB2179 AMENDMENT MAKES SIGNIFICANT CHANGES TO RIGHTSOF PERSONS WHO USE SERVICE ANIMALS

Marion,

Can you share the language used in the bill?  I'd be very interested to see what they are proposing.  Every now nd then service dog legislation comes up here and it would be good to have alternatives if it's really bad, instead of just telling legislators it's really bad!

Julie
Courage to Dare: A Blind Woman's Quest to Train her Own Guide Dog is now available! Get the book here:
http://www.amazon.com/dp/B00QXZSMOC
Visit my new website on developing courage and living authentically:
http://www.falling-up.com
-----Original Message-----
From: Marion Gwizdala
Sent: Saturday, February 21, 2015 11:49 AM
To: 'Julie J.' ; 'NAGDU Mailing List, the National Association of Guide Dog Users'
Subject: RE: [nagdu] FWD: Arizona - URGENT LEGISLATIVE ALERT; HB2179 AMENDMENT MAKES SIGNIFICANT CHANGES TO RIGHTSOF PERSONS WHO USE SERVICE ANIMALS

Julie,

We have such a bill pending in Florida. NAGDU neither supports nor opposes the measure, as there are also a few positive parts of it, such as better defining a service animal so the state law is congruent with the ADA. The problem, as I see it, is enforcement. The measure may be a deterrent, but I don't think a single person will be charged under it.

Fraternally yours,
Marion Gwizdala

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Julie J. via nagdu
Sent: Thursday, February 19, 2015 4:21 PM
To: Tara Briggs; NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] FWD: Arizona - URGENT LEGISLATIVE ALERT; HB2179 AMENDMENT MAKES SIGNIFICANT CHANGES TO RIGHTSOF PERSONS WHO USE SERVICE ANIMALS

ADI is Assistance Dogs International.  The problem with stopping fake service dogs is the way in which lawmakers want to accomplish it.  I'm all for no fake service dogs or better yet, no ill behaved dogs, but not at the expense of perfectly law abiding citizens rights. So far, I have seen no proposed law that addresses the real issue of ill behaved dogs while not infringing on the rights of law abiding citizens.  When a law like that is proposed, I'll be the first one to show my support.

Julie
Courage to Dare: A Blind Woman's Quest to Train her Own Guide Dog is now
available! Get the book here:
http://www.amazon.com/dp/B00QXZSMOC
Visit my new website on developing courage and living authentically:
http://www.falling-up.com
-----Original Message----- 
From: Tara Briggs via nagdu
Sent: Thursday, February 19, 2015 2:50 PM
To: Marion Gwizdala ; NAGDU Mailing List,the National Association of Guide
Dog Users
Subject: Re: [nagdu] FWD: Arizona - URGENT LEGISLATIVE ALERT;HB2179
AMENDMENT MAKES SIGNIFICANT CHANGES TO RIGHTSOF PERSONS WHO USE SERVICE
ANIMALS

Hi, I have been following this thread with great interest. What is a DI? Why
is the CCI campaign against fake service dogs problematic? I am very
grateful The bill didn't pass!

Sent from my iPhone

> On Feb 19, 2015, at 1:41 PM, Marion Gwizdala via nagdu <nagdu at nfbnet.org>
> wrote:
>
>    Making changes to the ADA will be very challenging, as it will begin
> with a Notice of Proposed Rule Making (NPRM) after which there will be a
> period of comment. You can be assured NAGDU's voice, on behalf of the NFB,
> will be heard. We have developed an excellent working relationship with
> those who promulgate the rules and they are listening to what we say!
> Though CCI and ADI may want to be the certifying body, we will vehemently
> oppose such regressive policies!
>
> Fraternally yours,
> Marion Gwizdala
>
>
> -----Original Message-----
> From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Cindy Ray via
> nagdu
> Sent: Wednesday, February 18, 2015 9:44 PM
> To: 'Michael Hingson'; 'NAGDU Mailing List, the National Association of
> Guide Dog Users'
> Subject: Re: [nagdu] FWD: Arizona - URGENT LEGISLATIVE ALERT; HB2179
> AMENDMENT MAKES SIGNIFICANT CHANGES TO RIGHTS OF PERSONS WHO USE SERVICE
> ANIMALS
>
> It would seem that Arizona will be pushing Congress to change the ADA
> though, and I am not sure but what we will have to work really hard. That
> is such an amazing step back into the dark ages.
> Cindy
>
>
> -----Original Message-----
> From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Michael Hingson
> via nagdu
> Sent: Wednesday, February 18, 2015 6:37 PM
> To: 'Ginger Kutsch'; 'NAGDU Mailing List, the National Association of
> Guide Dog Users'
> Subject: Re: [nagdu] FWD: Arizona - URGENT LEGISLATIVE ALERT; HB2179
> AMENDMENT MAKES SIGNIFICANT CHANGES TO RIGHTS OF PERSONS WHO USE SERVICE
> ANIMALS
>
> The legislature also does not understand disabilities well nor does it
> seem to recognize what service dogs do.  At least some legislators do not
> seem to understand.
>
> States do not trump Federal law in any case, but this law shows that we
> must be ever vigilant.
>
>
> Best,
>
>
> Michael Hingson
>
> -----Original Message-----
> From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Ginger Kutsch
> via nagdu
> Sent: Wednesday, February 18, 2015 4:07 PM
> To: NAGDU Mailing List, the National Association of Guide Dog Users
> Subject: [nagdu] FWD: Arizona - URGENT LEGISLATIVE ALERT; HB2179 AMENDMENT
> MAKES SIGNIFICANT CHANGES TO RIGHTS OF PERSONS WHO USE SERVICE ANIMALS
>
> Begin forwarded message:
>
> From: Larry Wanger <larry at azsilc.org>
> Date: February 18, 2015 at 1:16:14 PM MST
> Subject: URGENT LEGISLATIVE ALERT; HB2179 AMENDMENT MAKES SIGNIFICANT
> CHANGES TO RIGHTS OF PERSONS WHO USE SERVICE ANIMALS
>
> The following information is provided in order to share information
> regarding legislation pending in the Arizona House of Representatives that
> will impact the rights of persons with disabilities.
>
>
>
> Legislation that will significantly impact the rights of persons with
> disabilities who utilize the assistance of a service animal will be heard
> in the House Government and higher Education Committee at 9:00am tomorrow,
> Thursday February 19 in House hearing Room 1. This legislation is an
> amendment to HB2179 and will make significant changes to current state
> statutes regarding the rights of individuals with service animals
> including:
>
>
>
> ·         Requiring that individuals who use service animals obtain a
> permit from the Arizona Department of health Services in order to take
> their service animal in to a public place and that such permit be renewed
> on a regular basis.
>
> ·         As part of the permit process, an individual will be required to
> apply to the Department of Health Services and provide documentation from
> a medical professional certifying the applicant has a disability.
>
> ·         Requiring that a service animal wear a vest, also issued by the
> Department of Health Services at all times when in a public place. This
> vest will display permit information.
>
> ·         Allows restaurants to block access for persons with service
> animals in order to meet local and or state health code regulations.
>
> ·         Requires the Department of Health services to develop a sign for
> restaurants to display indicating that service animals are not permitted
> and that a separate sign for other public businesses not serving food be
> created that indicates service animals are allowed.
>
> ·         Requires the Department of Health Services to petition the
> United States Department of Justice requesting that the Americans with
> Disabilities Act be updated to comply with state law.
>
>
>
> Additionally, the following language is included at the end of the
> amendment:
>
>
>
> The legislature finds that the Americans with disabilities act of 1990 may
> endanger the health and safety of the public, place an undue burden on
> businesses and others and conflict with state and local health codes.
> State and local health codes shall supersede the Americans with
> disabilities act of
>
> 1990."
>
>
>
> I have attached the full text of the amendment to HB2179 for your review.
>
>
>
>
>
> Larry Wanger, Executive Director
>
> Arizona Statewide Independent Living Council
>
> 5025 E. Washington Street, Suite 214
>
> Phoenix, AZ. 85034
>
> 602-262-2900 (Voice/TTY)
>
> 602-271-4100 (Fax)
>
> larry at azsilc.org
>
> www.azsilc.org
> <http://mandrillapp.com/track/click/30489975/www.azsilc.org?p=eyJzIjoiNl9oWXVMRk1USTRqTVlVSm45X0FFRDE5ZXcwIiwidiI6MSwicCI6IntcInVcIjozMDQ4OTk3NSxcInZcIjoxLFwidXJsXCI6XCJodHRwOlxcXC9cXFwvd3d3LmF6c2lsYy5vcmdcIixcImlkXCI6XCI3Mjc5ZDIwMDZhMmE0YzYyOGY4OTJhMWM3NGQ3NmJmMFwiLFwidXJsX2lkc1wiOltcIjRlMzlhYjU3YTkzZmNiMzczY2JkMDI4ZGFhZmRiODBhZWYxMWI2ZGJcIl19In0>
>
> _______________________________________________
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