Wednesday, November 16, 2011

What can I do when someone harasses me or my guide dog? In Florida, like many other states, there is a specific law to protect you and your dog. If a person or their dog interferes with the use of your service animal, they can be charged from a misdemeanor to a felony under Florida Statute 413.081. Any interference includes intentional obstructing, intimidating, or jeopardizing the safety of you or your guide. If someone or their dog is convicted of intentionally or with reckless disregard, injures or kills your service animal, they are required to pay restitution. This restitution must include but not be limited to medical expenses, the value of the guide, replacement and training costs for you and the animal, and any other expenses directly incurred by you. Review the law below and know your rights. If you have trouble, call 911, immediately!! Florida Statute 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.

2 comments:

majorshouse said...

I think that this is great information and like we have something similar here in SC, but always great to pass along.

Shirley Tracy said...

Responding to Major's House: Thank you for your comment. I'm curious, have you ever had any problems with the public interfering with your dog? Or how about other dogs running loose and causing problems? What did you do?