Service Pony

[JoeBas]

Florida has already made attempting to pass off a pet as a trained service animal a felony, but I don't know whether any cases have been brought.

Technically it's a second degree misdemeanor rather than a felony, but sixty days in jail is likely to screw up your life plenty.

It's an easy one to avoid, though... not much chance of being "Accidentally" caught up in this dragnet.

 

[Devil's Advocate]

Florida has already made attempting to pass off a pet as a trained service animal a felony, but I don't know whether any cases have been brought.

Technically it's a second degree misdemeanor rather than a felony, but sixty days in jail is likely to screw up your life plenty.

It's an easy one to avoid, though... not much chance of being "Accidentally" caught up in this dragnet.

I guess I'm just crazy for expecting the punishment to fit the crime. In my view sixty days in jail and a permanent conviction and incarceration record should involve some sort of violence or at least a credible threat of violence. I see none of that here. If anything this irrational eye-for-an-eyelash response looks like yet another giveaway to Florida's for-profit prison system.

 

[JoeBas]

Is this a mandatory minimum sentence? It seems to me that a first offense type of punishment would be something along the lines of a fine or community service, with this sentence "on the books" for habitual offenders.

 

[MikefromCrete]

I would think 60 days in jail is a maximum sentence. I would imagine a fine and probation would be the usual punishment for such a violation.

 

[I always rode the Southern]

Florida has already made attempting to pass off a pet as a trained service animal a felony, but I don't know whether any cases have been brought.

I'm all for curtailing ADA abuse but this has to be the most irrationally punitive solution I've ever heard of. What is it that drives a supposedly reasonable culture to turn even minor infractions into severe life altering punishments? It's like the patients are in charge of the asylum. Technically it's a second degree misdemeanor rather than a felony, but sixty days in jail is likely to screw up your life plenty.

Florida legislature+scott =reasonable culture does not compute

 

[fairviewroad]

If anything this irrational eye-for-an-eyelash response looks like yet another giveaway to Florida's for-profit prison system.

I'm not disagreeing with your opinion that a 60-day sentence is inappropriate. But to spend time in prison in Florida (like in most states) you have to be convicted of a felony and/or be sentenced to more than a year behind bars. Thus, someone convicted of a misdemeanor who spends 60 days would spend that time in a county jail, which are not operated by private contractors.

 

[FormerOBS]

I agree something ought to be done to address the abuse. But maybe it's excessive to call it a felony and sentence someone to a year in prison. I wonder whether they considered a chain gang.....or the guillotine.....or drawing and quartering...or something prescribed by Sharia Law......or maybe just wearing a big scarlet "ABSA" (for Able-Bodied, Self-Absorbed) sign.

Tom

 

[Devil's Advocate]

Is this a mandatory minimum sentence? It seems to me that a first offense type of punishment would be something along the lines of a fine or community service, with this sentence "on the books" for habitual offenders.

It is not a mandatory minimum sentence. However if it's on the books it's technically fair game even for a first offense.

I would think 60 days in jail is a maximum sentence. I would imagine a fine and probation would be the usual punishment for such a violation.

It is indeed the maximum sentence. The actual punishment depends largely on the position of the prosecutor and judge.

Florida legislature+scott =reasonable culture does not compute

Good point. If I remember correctly Rick Scott never showed much interest in running for public office until his healthcare company was penalized as part of the largest medical fraud case ever prosecuted for actions during Scott's tenure. If I recall correctly he got away scott free by claiming clueless ignorance as CEO and Florida's staunchly anti-tax voters didn't seem to notice or care that he had overseen one of the largest taxpayer frauds in history and happily elected (and reelected) him as their governor.

I'm not disagreeing with your opinion that a 60-day sentence is inappropriate. But to spend time in prison in Florida (like in most states) you have to be convicted of a felony and/or be sentenced to more than a year behind bars. Thus, someone convicted of a misdemeanor who spends 60 days would spend that time in a county jail, which are not operated by private contractors.

Point taken and thanks for the clarification.

 

[HenryK]

I think the maximum sentence should be neutering. Of the owner, not the animal. (Haw haw haw guffaw gasp wheeze.)

Boy, Bobinyec's original post about the miniature horse sure has covered a lot of turf. I'm guilty there, too.

 

[HenryK]

For what it's worth, here's VIA's policy on service animals. I think it makes good sense.

Travelling with a guide dog or service animal

Your guide dog or service animal* always travels free. And to make sure both you and your animal are comfortable, we will provide you with a second seat free of charge in Economy class or Business class. On certain departures you may also occupy a double bedroom at a reduced fare. Your guide dog or service animal must wear a harness or leash.

Please note that this policy only applies to guide dogs and service animals and not to pets that must travel in a baggage car. We also ask that you tell us in advance if you wish to travel with a guide dog or service animal.

* Guide dog and service animals are certified working animals that were trained in order to help you. A certificate from a recognized institution may be requested.

 

[Devil's Advocate]

For what it's worth, here's VIA's policy on service animals. I think it makes good sense.

Your suggestion of forced neutering as a punishment for a crime that doesn't involve sexual violence would seem to indicate that sensibility isn't something you fully comprehend let alone aspire to. That being said, I find it rather interesting that you apparently prefer a combination of extremely lax enforcement combined with extremely severe penalties. I couldn't think of a better example of low effort reasoning if I tried.

 

[HenryK]

DA, I am sorry you do not appreciate High Irony. (No pun intended.)