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The Florida Senate

2004 Florida Statutes

SECTION 081
Interference with or injury to guide dog or service animal; penalties; restitution.
Section 413.081, Florida Statutes 2004

413.081  Interference with or injury to guide dog or service animal; penalties; restitution.--

(1)  Any person who, with reckless disregard, interferes, or permits a dog that he or she owns or is in the immediate control of to interfere, with the use of a guide dog or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the animal or its user is guilty of 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)  Any 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 guide dog or service animal is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083

(3)  Any 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 guide dog or service animal is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083

(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 guide dog or service animal's user.

(b)  Restitution includes the value of the animal; replacement and training or retraining expenses for the animal and the user; veterinary and other medical and boarding expenses for the 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 such an animal.

(5)  As used in this section, the term:

(a)  "Guide dog" means a dog that is trained for the purpose of guiding blind persons or a dog trained for the purpose of assisting hearing impaired persons.

(b)  "Service animal" means an animal that is trained for the purposes of assisting or accommodating a disabled person's sensory, mental, or physical disability.

History.--s. 2, ch. 2002-176.