Jacksonville Criminal Defense Lawyer Blog

In Florida, since 2012, there has been a statute that prevents discrimination against disabled persons who require the use of a “service animal”.  It can be found at Florida Statute 413.08.  This statute covers discrimination regarding public employment, public accommodations and housing accommodations. This statute was amended in 2020 to include a criminal penalty for persons who fraudulently claim the need for a service animal.  Contact your local Jacksonville criminal attorney to assist you if you have been charged with a misdemeanor for falsely representing you need a service animal.

Under Florida statute 413.08 it defines an individual with a disability as someone who has a physical or mental impairment that substantially limits one or more major life activities such as walking, seeing, hearing, speaking, breathing, learning and working.  A “housing accommodation” would be any real property or portion of the real property that is used or occupied as a home, residence or sleeping place of one or more persons in which the occupants rent or lease the premises. A “public accommodation” would be a common carrier, airplane, motor vehicle, railroad train, motor bus, streetcar, boat or other mode of public transportation; it also includes hotels, timeshares and other places to which the general public is invited.  A “service animal” under this statute is limited to a dog or miniature horse that is trained to do work or perform tasks for an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.  The work performed by the animal must be directly related to the person’s disability.  It specifically states that a service animal is not a pet.  If you think you are being discriminated against because of your “service animal”, contact your local Jacksonville family law attorney.

This is different from an “emotional support animal” who does not require training to do work, perform tasks, provide assistance, or provide therapeutic emotional support.  Emotional support animals may also be the disabled person’s pet.  There is a separate statute that prohibits discrimination in housing to persons with a disability or disability-related need for an “emotional support animal”.  That statute is Florida statute 760.27 and it deals with public housing.  Both statutes address the fact that the public accommodation or housing provider cannot impose a deposit or surcharge on the individual with a disability as a precondition to permitting the service animal or emotional support animal to accompany the individual with the disability.  Under both statutes, the individual with the disability is liable for any damages caused by the service animal or emotional support animal.  Under both statutes, the individual with the disability is responsible for the supervision of the animal and most provide for the care and maintenance of the animal.  Both statutes require the service animal or emotional support animal to be in compliance with vaccination requirements.  Contact your local Jacksonville family law attorney if you feel you are being discriminated against because of your “service animal” or “emotional support animal”.

When someone gets arrested it is one of the most stressful things that can happen to you. Especially if you are not familiar with the legal system and process. Many people think that their Miranda Rights must be read to them simply because they have been arrested. That is not what the Miranda rights provide. If the police are not questioning you beyond basic information such as what is your name, address, and phone number, they are not required to read your Miranda rights to you even if you are arrested. Miranda rights do not kick in until you are being interrogated by police and not permitted to leave. A suspect is being “interrogated” when police officers begin asking him or her questions that could implicate him or her in a crime. While Miranda warnings are extremely important, an officer’s failure to read them in and of itself does not result in a dismissal of criminal charges. Simply put, Miranda warnings themselves are not constitutional rights; rather, they are safeguards against the Fifth Amendment privilege against self-incrimination. If you have been arrested, consulting with an experienced Jacksonville criminal attorney is advised.

Miranda rights or Miranda warnings get their name from the 1966 United States Supreme Court case, Miranda v. Arizona. In that case, the Supreme Court held the United States Constitution’s Fifth Amendment prohibition against self-incrimination applies to an individual who is in police custody. In order to safeguard that right, the Court ruled that before questioning suspects in custody, law enforcement officials must inform suspects of the following rights:

1. They have the right to remain silent;