Saturday, August 4, 2007

Florida's Service Animal Laws

Here's a couple of key provisions from Chapter 413, Florida Statutes, governing the rights of individuals with disabilities to use service animals in Florida:

Rights of an individual with a disability; use of a service animal; discrimination in public employment or housing accommodations; penalties.

Interference with or injury to a service animal; penalties; restitution

22 comments:

wuff said...

Well there are some issues I think that the public (and those that have businesses) need some help with. When these people access a place with a service animal what kind of paper work are they required to have? I have seen a lot of stuff that looked pretty fake to me. Do they need an ID card, paper work - both? (letter, document, etc.)? Does it have to have a doctor's signature, a stamp, a seal, an ID or registration number or water mark? Or maybe a combination of these things. Just because the animal has a vest or tag does not mean it's legitimate. What organization or agency can you call to verify that their paper work is real? I am always glad to help those in need but when you get dead beats and fakers that leech off the system it makes it hard for all.

Heather said...

Actually, per the ADA laws, ID card, paper work, doctor's signature, a stamp, a seal, an ID or registration number and water mark are NOT required. Nor are service vests and patches by law.

A LOT of disabilities are "invisible" ie: epililepsy, diabetes, severe migraines, etc and dogs are used for alerting their partners to impending episodes and provide services during an attack. I myself use a Migraine alert dog. He tells me an hour or so before the pain hits which completely incapacitates me for 6-12 hours (on a good day). I appear perfectly "normal" until these attacks hit in which case I experience dizziness, lack of coordination, light/sound/smell sensitivity, nausea and vomiting, etc. Not only does my service dog alert me that I have one coming, once one hits, he helps get me to a safe location to wait out the worst of my medication side effects (unfortunately can't take them until the pain hits) which can consist of mobility assistance (I am not capable of keeping my balance when one hits), retrieving anything I drop as lose my balance easily, helping me get back up when I do fall, and getting me to a quiet location/bathroom area. Before I had his assistance I restricted myself to being nowhere further than a 15 min drive from home when I was alone "just in case". Now I can go out on my own and actually live a semi-normal life.

An actual service dog is best identified by behaviour of both handler AND dog. Both will be well behaved in public whereas "pets" may not be. Service dogs are trained to be seen and not heard. Just because we don't all look disabled doesn't mean there's not more going on behind the scenes than you may be aware of.

Fiona said...

Is legislation pending requiring that a 'service' animal be identifiable? With so many people owning 'pocket dogs' and feeling that they should be able to take them everywhere, including grocery stores and restaurants, surely it is reasonable to identify an animal as one that serves a special need. Either a tag issued by the ADA or a jacket.

Blu said...

These laws in Florida are to liberal and narrow mined in regards to helping those over seeing things like health, safety and security. A friend of my brother’s lost his doorman job because of this loosely poorly written law. Not because he kept someone from coming into where he worked but because he let some people in saying they had service dogs. Which later was found out to be untrue when one made a mess in the lobby floor and another attacked a real service dog weeks later. They told him those very words of “don’t have to show you anything” bull. Other cases; I saw a guard at the mall one day observe a couple come into the place with what looked more like a mutt or bull type dog rather than what one would call a service dog. He asked them what kind of service dog do they have. The guy did not answer right away and then said they had the dog because they where “unemployed”. He gave the guard a business card stating that the dog was a service dog. The security guard kindly told him they do not issue service dogs to people that do not have jobs and only for medical or related handicaps. The man started to get hostile and threatened to sue and call the service animal foundation, yada, yada. After a few minutes of no success the guard called the police who arrived, concluded the guy was defrauding the public under a false pretense of the service animal’s law. What happened is this time the law favored the other person and the guy with the so called service animal went to jail. In a central food store in Florida a couple made fake papers and a harness with vest for their dog. They would come into the store show the papers and they (the owners) would see the vest and let them in. After some susipcious activity they watched the couple to later catch them stealing food by putting it in pouches fitted into the dogs vest. When the police arrived they found out the papers where fake and the dog of course not a service animal. This goes on a great deal in this country and is getting worse. So sorry these laws need to be better detailed and written to allow those who own, operate or control establishments the right to challenge those who state they have a service animal. The way these laws are now I could take my gerbil into a place and say it’s a service animal.

Scott L said...

Does a residential substance abuse center need to allow a patient with fibromyalgia a service dog in the facility?

Scott L said...

Does a residential substance abuse center need to allow a patient with fibromyalgia a service dog in the facility?

TIGER said...

People need to have a reality check when they dont know what they are talking about, Service Dogs do not need any certification or ids, the person that has a service dog needs to be disabled, any disability, from migraines to lack of sight, hearing, or balance, the list goes on, Federal Law is the Higharchy and prevails over all State Laws, and the Disability Act of 1990 protects all people with disabilities from the people that are prejudicial and scared of reality. So you dont need fancy certificates showing id of dog, just that the person whom uses the service dog must have a disability period. And a reality check is that person and dog may go into anyplace in the United States or Abroad and use that establishment anytime. So google before your talk and you may be surprised at what you find. And yes there are stupid ignorant people out there that try to abuse the system and they should be put in jail but remember the rest of the disabled people are not faking there disabilities. Thank you for reading and have a great day. Tiger

jack said...

I want to start with the fact that I am disabled. I am appalled at the fact that many people are abusing the service animal laws. I would happily carry a card/ID that identified my animal as a service animal. I carry a drivers license to drive, a retired military ID to access military establishments, credit cards to purchase things, a library card, etc. What is the issue with people not wanting to carry an ID for a service animal. I want an ID system in place. I have seen many people abuse this law for their own self-centered personal I'm better than you and I get to do what ever I want because you can't do anything. I want to see them punished. This was set up to help those who are disabled not provide for those hackers. I have seen so many people use these laws and other like them. The kids take grandma's car and use her disabled placard because they want to park closer to the door. Meanwhile someone who is actually disable has to wait or park farther out because there are no disabled spaces open. Yes this happens a lot. The ID system would also raise awareness of service animals. Anyone with a disablity could easily get a doctors note for registering their service animal. Watching the animal until it does something that a service dog should not do like bite someone like a little child. Yes, this happened where I work. Is a little late for that child who needed 5 stitches. How about a little common sense. 'This note is especially for TIGER.' Some of us know and have googled the issue we are asking for a change to the system. There is no prejudice or fear of reality in this. It appears that you have suffered from some of that but a desire for registration for service animals is not about those things. It is about making sure those of us with disablities continue to have the access we need for life.

jx8870 said...

I am training a service dog.I have read the service animals do not id or vest. I have a vest for my dog, but one day, not feeling well, forgot the vest was not in my car. After shopping at a store the dog and I shop often, the store manager approched me(at least 12ft away) to announce animals are not permitted in the store, I told him the dog was a service animal. The manager then loudly (in a not so nice tone) announced the dog is supposed to wear ID or a vest. I informed him I has forgetten the vest and would not happen again. Should I have told him animals in service are not required id or vest?

2DogMom said...

I have TWO Service Animals, as one does things that the other dogs cannot due to their small stature. One dog is 5 lbs and the other is 8 lbs -however, they BOTH do work for me, each differently. I carry them with vests with patches, have their cards laminated and hanging from me or them at ALL times, etc and STILL get harassed non-stop. My main gripe is someone telling me that my dogs must be on a leash at ALL times while we are a beach, park, etc. That defeats the purpose of me having metal rods in my back and not being able to bend over to unleash them when I need them to retrieve something and jump up and bring it to me. I battle this non-stop. Nowhere in the laws does it state that a service animal MUST be harnassed, leashed, etc - merely under control and mine are at all times. Anyone else having such a time? I live in Vegas, however, spend months at a time in FL with my elderly Father and have a TOUGH, TOUGH time here with my dogs. I also carry wallet cards, with their photos, Certification Numbers, etc and STILL get hassled. They are in their carriers from which they can jump safely 95% of the time, but there are locations where they are better used "free" for me to retrieve items and therefore not on a leash or in their carriers. Public education is necessary in the State of Florida, any suggestions. I spend at least 1 hour a day when I am out educating people who want to stop and PET my dogs because they are small and "cute" and am truly so tired of telling people that they are "working" despite their patches telling people that they are working and NOT TO PET! Yikes. Their carriers are covered with patches, IDs, statements such as DO NOT PET, I'M WORKING yet it just doesn't sink into people. No, they are not shepherds and I am not blind; open your minds people - service animals do MANY, MANY other jobs for people such as detect cancer, seizure dogs, etc. Public education is critical, but should the disabled handler have to do it non-stop?

Captain Pat said...

I just purchased a Condo. In the listing it said the Association must approve Pet. My real estate agent told the association I had a Service Dog it is not a pet. They wanted to know how much does it weight he said 67 lbs. The Association said NO WAY. That if I bring her he will contact his attorney. I am still buying the condo With my Service Dog. I Just Don't Want Any Troble. WHAT SHOULD I DO?

Jordan said...

For Captain Pat...
I am the in the same boat, I happen to have a pitbull that is being certified as a service dog and before he was certified he was not allowed to live here simply because he is a pitbull. Can they say no to me if he is certified now??? please help! I dont want to lose my service dog. and If they cannot say now and they still do what do i do?

Ray said...

I am a 100% disable veteran that needs to have a service dog . And I use her like you would use your legs witch mine do not work. And if I saw a someone with a pitbull I just could not take a chance to be near that dog We are trained to forsee what lays ahead of us and that is a bombshell. I know people love their dogs But no where will a scholl take in a pitbull for a service dog.

Ray said...

I can go on the computer and order all kinds of stuff saying I have a service dog. I wish we that have a true service animal has to have something more then just a vest. To those that are are disable and try to break the law I would like to see a stiff fine and the lose of there animal. The world is full of low lifes that like to break the law. I see it every day at diable parking and like to see more of us calling in when we see the low likes breaking the law.

Ray said...

I can go on the computer and order all kinds of stuff saying I have a service dog. I wish we that have a true service animal has to have something more then just a vest. To those that are are disable and try to break the law I would like to see a stiff fine and the lose of there animal. The world is full of low lifes that like to break the law. I see it every day at diable parking and like to see more of us calling in when we see the low likes breaking the law.

left blank said...

Captain Pat & Jordan just move in
thier is nothing they can do otherthen pay a heafty penalty to ADA and HIPPA (The Health Insurance Portability and Accountability Act) Privacy Rule
and of corse you....
the breed or the species is not relevant.

Pits make fantastic service animals
and the bonus is the dog is safer from attack from crewel peoples actions and always leaves plenty of elbow room to-boote from people unfounded fears.

I have a boxer that is aways question, due to him not being a lab, golden or a shepard, His unusual tall size and boxer strain of german decent mistakes him for a pit or mix of some sort.

We always stand our ground on where we live, where i shop, etc

L said...

Hi, I have a great dane that I have trained as my service animal he is the only dog large enough to handle my body weight... I am a Vet who is now being medically retired for having Chronic Pain Syndrome and a truck load of other pain and mobility issues. I have followed all of the state and Fed guidelines for training and testing my dogs temperment and 'manners', so can anyone tell me what the stigma or issue is with my service animal not being purchased from a facility?

Richard said...

We have a non-pet section in our community and residents are going out and purchasing pets that live in this area and they are not handicapped nor are the animals considered service animals under the current definition. Is a service animal allowed by law for companionship or must you be classified as handicapped or mentality challenged.

Richard said...

We have a non-pet section in our community and residents are going out and purchasing pets that live in this area and they are not handicapped nor are the animals considered service animals under the current definition. Is a service animal allowed by law for companionship or must you be classified as handicapped or mentality challenged.

Richard said...

We have a non-pet section in our community and residents are going out and purchasing pets that live in this area and they are not handicapped nor are the animals considered service animals under the current definition. Is a service animal allowed by law for companionship or must you be classified as handicapped or mentality challenged.

2DogMom said...

You MUST be handicapped and have a NEED for a SERVICE ANIMAL; they cannot be pets. If not, everyone in the world would qualify their pet as a service animal and the stores and restaurants would be full of animals. YOU must have a DISABILITY and your animal must be stringent requirements and perform tasks that better your life, etc. I have two service animals and had them tested, they are also registered with SARA and have a Service Animal Registry Number and any place of business can call and VERIFY that in fact MY dogs are LEGIT. However, paperwork is NOT required by the law. If you just googled "Service Animals Federal Laws" you should be able to answer ALL of your questions or send them additional questions.

2DogMom said...

For wuff: You can get ID tags and register your dog with SARA at SARA.org (service animal registry of america) and you send them a completed form as to what your service dog does for you, your disability, photo, etc and they send you wallet cards and you can purchase patches, etc for your carrier to make your life easier. It is NOT required by law, at all; however, it sure does help and I do believe that there should be some type of regulation over the system so that we can stop the fraud. If the govt is not going to do it, then we are going to have to do it ourselves and therefore make our lives easier when walking into public restaurants, etc. I just show them the 4x6 laminated card that is attached to the carrier and no one bothers me again. Now, if I could just get everyone to understand NOT to pet them when they are working - EDUCATION!