Florida Senate - 2021                                     SB 526
       
       
        
       By Senator Harrell
       
       
       
       
       
       25-00485-21                                            2021526__
    1                        A bill to be entitled                      
    2         An act relating to animal cremation; creating s.
    3         501.961, F.S.; providing a short title; defining
    4         terms; requiring a provider of companion animal
    5         cremation services to provide certain individuals and
    6         entities with a written description of the services
    7         that the provider offers; requiring the written
    8         description to include a detailed explanation of each
    9         service offered; providing that the written
   10         description may not contain false or misleading
   11         information; requiring certain entities that make
   12         referrals to providers or accept deceased companion
   13         animals for cremation through a provider to make the
   14         provider’s written description of services available
   15         to owners or their representatives; requiring certain
   16         providers to include a certification with the returned
   17         animal’s cremation remains; providing requirements for
   18         the certification; providing that certain acts are
   19         unlawful; providing civil penalties for initial and
   20         subsequent offenses; providing circumstances under
   21         which a person commits an unfair or deceptive act or
   22         practice or engages in an unfair method of competition
   23         in violation of certain provisions; providing for a
   24         private right of action; providing powers of the
   25         Department of Agriculture and Consumer Services;
   26         requiring that certain fines collected by the
   27         department be paid into the General Inspection Trust
   28         Fund; authorizing the department to adopt rules;
   29         providing an effective date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Section 501.961, Florida Statutes, is created to
   34  read:
   35         501.961 Animal cremation.—
   36         (1)SHORT TITLE.—This section may be cited as “Sevilla’s
   37  Law.”
   38         (2)DEFINITIONS.—As used in this section, the term:
   39         (a)“Commingling of significant amounts of cremation
   40  remains from different animals” means the commingling of remains
   41  such that specific cremation remains cannot be attributed to a
   42  particular animal or the cremation remains attributed to one
   43  companion animal contain more than 1 percent by weight of
   44  cremation remains from one or more other companion animals. The
   45  term does not include the presence, in the cremation remains of
   46  a companion animal, of the remains of any creature that was on
   47  or contained within the body of that animal at the time of
   48  cremation, including parasites, insects, food, or creatures
   49  eaten by that companion animal.
   50         (b)“Communal cremation” means a cremation process in which
   51  companion animals are cremated together without effective
   52  partitions or separation during the cremation process such that
   53  the commingling of significant amounts of cremation remains from
   54  different companion animals is likely or certain to occur.
   55         (c)“Companion animal” or “animal” means a deceased animal
   56  that had a companion relationship or a pet relationship with its
   57  owner at the time of the animal’s death.
   58         (d)“Cremation remains” means the material remaining after
   59  the cremation of an animal, which may include ashes, skeletal
   60  remains, and other residue resulting from the incineration
   61  process, and which may be pulverized or otherwise processed by
   62  the provider of cremation services.
   63         (e)“Department” means the Department of Agriculture and
   64  Consumer Services.
   65         (f)“Individually partitioned cremation” means a cremation
   66  process in which the commingling of significant amounts of
   67  cremation remains from different companion animals is unlikely
   68  to occur and:
   69         1.Only one companion animal at a time is cremated in the
   70  incinerator; or
   71         2.More than one companion animal is cremated in the
   72  incinerator at the same time, but each of the animals is
   73  completely separated from the others by partitions during the
   74  cremation process.
   75         (g)“On a regular basis” means that the person or business
   76  entity referring animal owners or bringing business to a
   77  provider:
   78         1.Has an ongoing contractual or agency relationship with
   79  the provider relating to the cremation of companion animals;
   80         2.Regularly receives compensation or consideration from
   81  the provider or animal owners relating to the cremation of
   82  companion animals by the provider; or
   83         3.Refers or brings to the provider the business of more
   84  than five animal owners in an average month.
   85         (h)“Provider” means a person, company, or other entity
   86  engaging in the business of cremating deceased companion animals
   87  in this state.
   88         (3)WRITTEN DESCRIPTION OF SERVICES.—
   89         (a)A provider of companion animal cremation services shall
   90  provide, without charge, to all of the following a written
   91  description of the services that the provider offers:
   92         1.The owner of each deceased animal for whom the provider
   93  agrees to provide cremation services, or the person making
   94  cremation arrangements on the owner’s behalf.
   95         2.All veterinarians, pet shops, and other persons or
   96  entities known to the provider who refer animal owners or bring
   97  deceased animals to the provider on a regular basis.
   98         3.The department.
   99         4.Any other person, upon request.
  100         (b)The written description of services:
  101         1.May be in the form of a brochure;
  102         2.Must be provided in quantities sufficient to allow its
  103  distribution to animal owners whose business is being referred
  104  or brought to the provider;
  105         3.Must include a detailed explanation of each service
  106  offered for each type or level of cremation service offered. If
  107  any part of the deceased companion animal will be removed, used,
  108  or sold by the provider before or after the cremation, the
  109  written description of services must disclose that fact; and
  110         4.May not include false or misleading information. A
  111  written description of services is misleading if it:
  112         a.Fails to include a detailed explanation of the cremation
  113  services offered or fails to include, for each type or level of
  114  cremation service offered, any of the disclosures required under
  115  this subsection;
  116         b.Uses the terms “private” or “individual” with respect to
  117  any communal cremation procedure or with respect to an
  118  individually partitioned cremation procedure that will cremate
  119  more than one companion animal at the same time;
  120         c.Uses the terms “individually partitioned” or “separate”
  121  with respect to a communal cremation process; or
  122         d.Includes any text, picture, illustration, or combination
  123  thereof, or uses any layout, typography, or color scheme, which
  124  reasonably causes confusion about the nature of the services to
  125  be provided or obstructs certain parts of the written
  126  description of services.
  127         (4)PERSONS REFERRING OR BRINGING BUSINESS TO A PROVIDER.—
  128         (a)A veterinarian, pet shop, or other person who refers
  129  owners of deceased animals, or persons making arrangements on an
  130  owner’s behalf, to a provider on a regular basis shall, at the
  131  time of the referral, make a copy of the provider’s written
  132  description of services available to such person.
  133         (b)A veterinarian, pet shop, or other person or business
  134  entity that accepts, on a regular basis, deceased companion
  135  animals for cremation through services obtained from a provider
  136  shall make a copy of the provider’s written description of
  137  services available to each animal owner, or person making
  138  arrangements on the owner’s behalf, from whom a deceased
  139  companion animal is accepted.
  140         (c)A copy of the written description of services may be
  141  given to the animal owner, or the person making arrangements on
  142  the owner’s behalf, at the time the services are offered.
  143         (d)For purposes of this subsection, publishing or
  144  otherwise disseminating advertising for a provider of companion
  145  animal cremation services does not, in and of itself, constitute
  146  referring or bringing business to that provider.
  147         (5)CERTIFICATION; PENALTY FOR FALSE CERTIFICATION.—If a
  148  provider’s services include the return of the cremation remains
  149  of the cremated animal, the provider must include a
  150  certification along with the returned cremation remains. The
  151  certification must declare, to the best of the provider’s
  152  knowledge and belief, that, except as otherwise specifically
  153  indicated on the certificate, the cremation and any other
  154  services specified were provided in accordance with the
  155  representations of the provider in the applicable portions of
  156  the provider’s written description of services.
  157         (6)UNLAWFUL ACTS.—It is unlawful:
  158         (a)For a provider to prepare or distribute a written
  159  description of services which the provider knows or should know
  160  to be false or misleading. A first offense is punishable by a
  161  fine of at least $1,001 but not more than $1,500, and each
  162  subsequent offense is punishable by a fine of at least $2,000
  163  but not more than $2,500.
  164         (b)To intentionally fail to prepare or distribute a
  165  written description of services as required by this section. A
  166  first offense is punishable by a fine of at least $1,001 but not
  167  more than $1,500, and each subsequent offense is punishable by a
  168  fine of at least $2,000 but not more than $2,500.
  169         (c)To knowingly make a false certification under
  170  subsection (4). A first offense is punishable by a fine of at
  171  least $1,001 but not more than $1,500, and each subsequent
  172  offense is punishable by a fine of at least $2,000 but not more
  173  than $2,500.
  174         (7)VIOLATION AS A DECEPTIVE ACT OR PRACTICE OR UNFAIR
  175  TRADE PRACTICE.—A person who commits an act or a practice
  176  declared to be unlawful under subsection (6) or who violates
  177  this section commits an unfair or deceptive act or practice or
  178  unfair method of competition in violation of part II of chapter
  179  501 and is subject to the penalties and remedies provided
  180  therein.
  181         (8)PRIVATE RIGHT OF ACTION.—In addition to any other
  182  penalties or remedies provided by law, a person who is injured
  183  by a violation of this act may bring a civil action to recover
  184  damages or punitive damages, including costs, court costs, and
  185  attorney fees. This act may not be construed to limit any right
  186  or remedy provided under law.
  187         (9)POWERS OF THE DEPARTMENT.—
  188         (a)The department may conduct an investigation of any
  189  person or provider if there is an appearance, either upon
  190  complaint or otherwise, that a violation of this section or of
  191  any rule adopted or order issued pursuant to this section has
  192  been committed or is about to be committed.
  193         (b)The department may issue and serve subpoenas and
  194  subpoenas duces tecum to compel the attendance of witnesses and
  195  the production of all books, accounts, records, and other
  196  documents and materials relevant to an examination or
  197  investigation. The department, or its duly authorized
  198  representative, may administer oaths and affirmations to any
  199  person.
  200         (c)The department may enter an order imposing one or more
  201  of the penalties set forth in subsection (6) if the department
  202  finds that a provider or a person or business entity that
  203  regularly refers animal owners to a provider, or an agent, a
  204  servant, or an employee thereof, has:
  205         1.Violated or is operating in violation of this section or
  206  department rule or order;
  207         2.Refused or failed, or any of its principal officers has
  208  refused or failed, after notice, to produce any records of such
  209  organization or to disclose any information required to be
  210  disclosed under this section or department rules; or
  211         3.Made a material false statement in response to any
  212  department request or investigation.
  213         (d)Upon a finding as set forth in paragraph (c), the
  214  department may enter an order that does one or more of the
  215  following:
  216         1.Issues a notice of noncompliance pursuant to s. 120.695.
  217         2.Issues a cease and desist order that directs that the
  218  person cease and desist specified activities.
  219         3.Imposes an administrative fine in the Class II category
  220  pursuant to s. 570.971 for each act or omission.
  221         4.Imposes an administrative fine in the Class III category
  222  pursuant to s. 570.971 for each act or omission that involves
  223  fraud or deception.
  224         (e)Except as otherwise provided in this section, the
  225  administrative proceedings that could result in the entry of an
  226  order imposing any of the penalties specified in paragraph (d)
  227  are governed by chapter 120.
  228         (f)All fines collected by the department under paragraph
  229  (d) must be paid into the General Inspection Trust Fund.
  230         (10)RULEMAKING AUTHORITY.—The department may adopt rules
  231  pursuant to ss. 120.536(1) and 120.54 to implement this section.
  232         Section 2. This act shall take effect July 1, 2021.