[NAGDU] what about Florida?

[Julie Johnson]

I wish there were some sort of statistics to show whether or not the 
Florida law was working. Even if folks aren't being convicted of 
disability fraud, a reduction in  the number of encounters with 
questionable handlers and dogs would be promising.  that would be super 
tough to track though.

I've heard complaints that the Florida law isn't enforceable. What do 
people think?  Seems to me that judges are in the unique position of 
being able to determine disability in it's legal sense.  If a case was 
tried in court, there are certainly lots of examples of determining 
disability for the judge to refer to.  If the person was found to not 
have a disability, then the rest would be easy.

What am I missing?  Why do people think the Florida law is unenforceable?

Julie


On 3/17/2017 7:52 AM, Sherrill O'Brien via NAGDU wrote:
> Top o' the mornin' to all!
>
> Julie, FLAGDU supported the Florida law which was revised in 2015 to include
> penalties for fraud regarding service animals. Here is what the law says:
> (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, punishable as provided in s. 775.082 or s.
> 775.083 and must perform 30 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 6 months.
>
> It's important that people look at the wording which speaks to the fraud of
> pretending to have a disability. The emphasis is almost always on the person
> pretending his/her dog is a service animal, when in fact they are doing
> something just as serious in faking they have a disability, even though they
> may not consider that part of the fraud when they decide to carry out this
> masquerade.
>
> But to address your question about whether this new part of the law has
> reduced fraud, I have no idea. Fraud is  extremely hard to prove or measure.
> I haven't heard of anyone being prosecuted. That doesn't mean it hasn't
> happened, but I think it would be the sort of human/animal interest story
> that the press would be eager to publish. Social media would be all over it.
> I really doubt that most people even know about this law. It's possible it
> could actually be a deterrent if people were aware of its existence. Perhaps
> FLAGDU should work to get copies of the pertinent part of the law into vet's
> offices, grooming facilities and pet stores.
> We've started a project to get information into  businesses to help them
> know their rights as well as their responsibilities.
>
> Okay, I'd better get that second cup of green coffee!
>
> Sherrill O'Brien, FLAGDU President
>
>
>
> -----Original Message-----
> From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Julie Johnson via
> NAGDU
> Sent: March 17, 2017 7:06 AM
> To: NAGDU Mailing List, the National Association of Guide Dog Users; NAGDU
> Mailing List, the National Association of Guide Dog Users
> Cc: Julie Johnson
> Subject: [NAGDU] what about Florida?
>
> Several years ago Florida passed it's new/revised laws regarding
> disability fraud and misrepresentation of pets as service animals.
> NAGDU was supporting that law as the model for other states wanting to
> pass revised service dog legislation.  At least this is what I'm
> remembering.
>
>
> I've read the Florida law, although not recently, and it's very good.
> It addresses the core of the problem faking disability and also supports
> businesses to exclude dogs who are not under the handler's control.
>
>
> So my question is: how has that law worked in practice?  On paper it
> looks great, but I'm wondering if it has been enforceable.  Has
> disability and service dog fraud been reduced?   Have people been
> caught, proceeded through the criminal justice system and been found
> guilty? What is the impact of that law?
>
>
> If it's worked out well, we need to use the hard facts and available
> statistics to show that this type of law works.  That will go a long way
> in helping other states address law revisions.
>
>
> This issue keeps coming up year after year in multiple states. At some
> point in time there will be a law that gets passed that is in direct
> opposition to the ADA.  Our freedom as blind people and guide dog users
> will be reduced.  If we have a solid alternative that we can suggest to
> law makers, the chances go way up of getting laws that actually address
> the problem in a way that does not violate our civil rights.
>
>
> Personally I have not experienced people faking a disability to take
> their pet dog with them.  I have experienced people with actual
> disabilities and ill behaved actual service dogs.  I think we need a law
> that addresses both of these.   Florida's law had the potential to do
> just that.  I'm hopeful that it's stood the test of time and has been
> successfully implemented.
>
>
> Julie
>
>
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