HB 833 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to animal cremation; creating s. 2
501.961, F.S.; providing a short title; defining 3
terms; requiring a provider of companion animal 4
cremation services to provide certain individuals and 5
entities with a written description of the services 6
that the provider offers; requiring the written 7
description to include a detailed explanation of each 8
service offered; providing that the written 9
description may not contain false or misleading 10
information; requiring certain persons or entities 11
that make referrals to providers or accept deceased 12
companion animals for cremation through a provider to 13
make the provider's written description of services 14
available to owners or their representatives; 15
providing construction; requiring certain providers to 16
include a certification with the returned animal's 17
cremation remains; providing requirements for the 18
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
HB 833 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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
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Section 1. Section 501.961, Florida Statutes, is created 34
to 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 companion animals" means the commingling 41
of remains such that specific cremation remains cannot be 42
attributed to a particular animal or the cremation remains 43
attributed to one companion animal contain more than 1 percent 44
by weight of cremation remains from one or more other companion 45
animals. The term does not include the presence, in the 46
cremation remains of a companion animal, of the rem ains of any 47
creature that was on or contained within the body of that animal 48
at the time of cremation, including parasites, insects, food, or 49
creatures eaten by that companion animal. 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(b) "Communal cremation" means a cremation process in 51
which 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 as hes, 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
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(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 90
shall provide, without cha rge, 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 behal f. 95
2. All veterinarians, pet shops, and other business 96
entities or persons known to the provider who refer animal 97
owners or bring deceased animals to the provider on a regular 98
basis. 99
3. The department. 100
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4. Any other person, upon request. 101
(b) The written description of services: 102
1. May be in the form of a brochure; 103
2. Must be provided in quantities sufficient to allow its 104
distribution to animal owners whose business is being referred 105
or brought to the provider; 106
3. Must include a detailed explanation of each service 107
offered for each type or level of cremation service offered. If 108
any part of the deceased companion animal will be removed, used, 109
or sold by the provider before or after the cremation, the 110
written description of services must disclose that fact; and 111
4. May not include false or misleading information. A 112
written description of services is misleading if it: 113
a. Fails to include a detailed explanation of the 114
cremation services offered or fails to include , for each type or 115
level of cremation service offered, any of the disclosures 116
required under this subsection; 117
b. Uses the terms "private" or "individual" with respect 118
to any communal cremation procedure or with respect to an 119
individually partitioned crem ation procedure that will cremate 120
more than one companion animal at the same time; 121
c. Uses the terms "individually partitioned" or "separate" 122
with respect to a communal cremation process; or 123
d. Includes any text, picture, illustration, or 124
combination thereof, or uses any layout, typography, or color 125
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scheme, which reasonably causes confusion about the nature of 126
the services to be provided or obstructs certain parts of the 127
written description of services. 128
(4) BUSINESS ENTITIES OR PERSONS REFERRING OR BR INGING 129
BUSINESS TO A PROVIDER. — 130
(a) A veterinarian, pet shop, or other business entity or 131
person referring owners of deceased animals, or persons making 132
arrangements on an owner's behalf, to a provider on a regular 133
basis shall, at the time of the referra l, make a copy of the 134
provider's written description of services available to such 135
person. 136
(b) A veterinarian, pet shop, or other business entity or 137
person accepting, on a regular basis, deceased companion animals 138
for cremation through services obtained from a provider shall 139
make a copy of the provider's written description of services 140
available to each animal owner, or person making arrangements on 141
the owner's behalf, from whom a deceased companion animal is 142
accepted. 143
(c) A copy of the written descript ion of services may be 144
given to the animal owner, or the person making arrangements on 145
the owner's behalf, at the time the services are offered. 146
(d) For purposes of this subsection, publishing or 147
otherwise disseminating advertising for a provider of comp anion 148
animal cremation services does not, in and of itself, constitute 149
referring or bringing business to that provider. 150
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(5) CERTIFICATION; PENALTY FOR FALSE CERTIFICATION. —If a 151
provider's services include the return of the cremation remains 152
of the animal, the provider must include a certification along 153
with the returned cremation remains. The certification must 154
declare, to the best of the provider's knowledge and belief, 155
that, except as otherwise specifically indicated on the 156
certificate, the cremation an d any other services specified were 157
provided in accordance with the representations of the provider 158
in the applicable portions of the provider's written description 159
of services. 160
(6) UNLAWFUL ACTS.—It is unlawful: 161
(a) For a provider to prepare or distribute a written 162
description of services which the provider knows or should know 163
to be false or misleading. A first offense is punishable by a 164
fine of at least $1,001 but not more than $1,500, and each 165
subsequent offense is punishable by a fine of at least $2,000 166
but not more than $2,500. 167
(b) To intentionally fail to prepare or distribute a 168
written description of services as required by this section. A 169
first offense is punishable by a fine of at least $1,001 but not 170
more than $1,500, and each subsequent offense is punishable by a 171
fine of at least $2,000 but not more than $2,500. 172
(c) To knowingly make a false certification under 173
subsection (5). A first offense is punishable by a fine of at 174
least $1,001 but not more th an $1,500, and each subsequent 175
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offense is punishable by a fine of at least $2,000 but not more 176
than $2,500. 177
(7) VIOLATION AS A DECEPTIVE ACT OR PRACTICE OR UNFAIR 178
TRADE PRACTICE.—In addition to any fine imposed under subsection 179
(6), a person who commits an act or a practice declared to be 180
unlawful under subsection (6) or who violates this section 181
commits an unfair method of competition or an unfair or 182
deceptive act or practice in violation of part II of chapter 501 183
and is subject to the penalties and reme dies provided for such 184
violations. 185
(8) PRIVATE RIGHT OF ACTION. —In addition to any other 186
penalties or remedies provided by law, a person injured by a 187
violation of this act may bring a civil action to recover 188
damages or punitive damages, including costs, court costs, and 189
attorney fees. This act may not be construed to limit any right 190
or remedy provided under law. 191
(9) POWERS OF THE DEPARTMENT. — 192
(a) The department may conduct an investigation of any 193
person or provider if there is an appearance, either up on 194
complaint or otherwise, that a violation of this section or of 195
any rule adopted or order issued pursuant to this section has 196
been committed or is about to be committed. 197
(b) The department may issue and serve subpoenas and 198
subpoenas duces tecum to comp el the attendance of witnesses and 199
the production of all books, accounts, records, and other 200
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documents and materials relevant to an examination or 201
investigation. The department, or its duly authorized 202
representative, may administer oaths and affirmations t o any 203
person. 204
(c) The department may enter an order imposing one or more 205
of the penalties set forth in subsection (6) if the department 206
finds that a provider or a person or business entity that 207
regularly refers animal owners to a provider, or an agent, a 208
servant, or an employee thereof: 209
1. Violated or is operating in violation of this section 210
or department rule or order; 211
2. Refused or failed, or any of its principal officers 212
refused or failed, after notice, to produce any records of such 213
provider, person, or business entity or to disclose any 214
information required to be disclosed under this section or 215
department rules; or 216
3. Made a material false statement in response to any 217
department request or investigation. 218
(d) Upon a finding as set forth in par agraph (c), the 219
department may enter an order that does one or more of the 220
following: 221
1. Issues a notice of noncompliance pursuant to s. 222
120.695. 223
2. Issues a cease and desist order that directs that the 224
provider, person, or business entity cease and de sist specified 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
activities. 226
3. Imposes an administrative fine in the Class II category 227
pursuant to s. 570.971 for each act or omission. 228
4. Imposes an administrative fine in the Class III 229
category pursuant to s. 570.971 for each act or omission that 230
involves fraud or deception. 231
(e) Except as otherwise provided in this section, the 232
administrative proceedings that could result in the entry of an 233
order imposing any of the penalties specified in paragraph (d) 234
are governed by chapter 120. 235
(f) All fines collected by the department under paragraph 236
(d) must be paid into the General Inspection Trust Fund. 237
(10) RULEMAKING AUTHORITY. —The department may adopt rules 238
pursuant to ss. 120.536(1) and 120.54 to implement this section. 239
Section 2. This act shall take effect July 1, 2022. 240