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.