Florida 2024 Regular Session

Florida House Bill H0301 Compare Versions

Only one version of the bill is available at this time.

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7	7	CODING: Words stricken are deletions; words underlined are additions.
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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to animal cremation; creating s. 2
16	16	501.961, F.S.; providing a short title; defining 3
17	17	terms; requiring a provider of companion animal 4
18	18	cremation services to provide certain individuals and 5
19	19	entities with a written description of the services 6
20	20	the provider offers; requiring the written description 7
21	21	to include a detailed explanation of each service 8
22	22	offered; providing that the written description may 9
23	23	not contain false or misleading information; requiring 10
24	24	certain persons or entities that make referrals to 11
25	25	providers or accept deceased companion animals for 12
26	26	cremation through a provider to make a copy of the 13
27	27	provider's written description of services available 14
28	28	to owners or their representatives; providing 15
29	29	construction; requiring certain providers to include a 16
30	30	certification with the returned animal's cremation 17
31	31	remains; specifying requirements for the 18
32	32	certification; providing that certain acts are 19
33	33	unlawful; providing civil penalties for initial and 20
34	34	subsequent offenses; providing circumstances under 21
35	35	which a person commits an unfair or deceptive act or 22
36	36	practice or engages in an unfair method of competition 23
37	37	in violation of certain provisions; providing for a 24
38	38	private right of action; providing powers of the 25
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47	47	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
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49	49
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51	51	Department of Agriculture and Consumer Services; 26
52	52	requiring that certain fines collected by the 27
53	53	department be paid into the General Inspection Trust 28
54	54	Fund; authorizing the department to adopt rules; 29
55	55	providing an effective date. 30
56	56	31
57	57	Be It Enacted by the Legislature of the State of Florida: 32
58	58	33
59	59	Section 1. Section 501.961, Florida Statutes, is created 34
60	60	to read: 35
61	61	501.961 Animal cremation. — 36
62	62	(1) SHORT TITLE.—This section may be cited as "Sevilla's 37
63	63	Law." 38
64	64	(2) DEFINITIONS.—As used in this section, the term: 39
65	65	(a) "Commingling of significant amounts of cremation 40
66	66	remains from different companion animals" means the commingling 41
67	67	of remains such that specific cremation remains cannot be 42
68	68	attributed to a particular animal or the cremation remains 43
69	69	attributed to one companion animal contain more than 1 percent 44
70	70	by weight of cremation remains from one or more other companion 45
71	71	animals. The term does not include the presence, in the 46
72	72	cremation remains of a companion animal, of the remains of any 47
73	73	creature that was on or contained within the body of that animal 48
74	74	at the time of cremation, i ncluding parasites, insects, food, or 49
75	75	creatures eaten by that companion animal. 50
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84	84	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
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88	88	(b) "Communal cremation" means a cremation process in 51
89	89	which companion animals are cremated together without effective 52
90	90	partitions or separation during the cremation process su ch that 53
91	91	the commingling of significant amounts of cremation remains from 54
92	92	different companion animals is likely or certain to occur. 55
93	93	(c) "Companion animal" or "animal" means a deceased animal 56
94	94	that had a companion relationship or a pet relationship with it s 57
95	95	owner at the time of the animal's death. 58
96	96	(d) "Cremation remains" means the material remaining after 59
97	97	the cremation of an animal, which may include ashes, skeletal 60
98	98	remains, and other residue resulting from the incineration 61
99	99	process, and which may be pulve rized or otherwise processed by 62
100	100	the provider of cremation services. 63
101	101	(e) "Department" means the Department of Agriculture and 64
102	102	Consumer Services. 65
103	103	(f) "Individually partitioned cremation" means a cremation 66
104	104	process in which the commingling of significant a mounts of 67
105	105	cremation remains from different companion animals is unlikely 68
106	106	to occur and: 69
107	107	1. Only one companion animal at a time is cremated in the 70
108	108	incinerator; or 71
109	109	2. More than one companion animal is cremated in the 72
110	110	incinerator at the same time, but each of the animals is 73
111	111	completely separated from the others by partitions during the 74
112	112	cremation process. 75
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121	121	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
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125	125	(g) "On a regular basis" means that the person or business 76
126	126	entity referring animal owners or bringing business to a 77
127	127	provider: 78
128	128	1. Has an ongoing contract ual or agency relationship with 79
129	129	the provider relating to the cremation of companion animals; 80
130	130	2. Regularly receives compensation or consideration from 81
131	131	the provider or animal owners relating to the cremation of 82
132	132	companion animals by the provider; or 83
133	133	3. Refers or brings to the provider the business of more 84
134	134	than five animal owners in an average month. 85
135	135	(h) "Provider" means a person, company, or other entity 86
136	136	engaging in the business of cremating deceased companion animals 87
137	137	in this state. 88
138	138	(3) WRITTEN DESCRIP TION OF SERVICES.— 89
139	139	(a) A provider of companion animal cremation services 90
140	140	shall provide, without charge, to all of the following a written 91
141	141	description of the services that the provider offers: 92
142	142	1. The owner of each deceased animal for whom the provider 93
143	143	agrees to provide cremation services, or the person making 94
144	144	cremation arrangements on the owner's behalf. 95
145	145	2. All veterinarians, pet shops, and other business 96
146	146	entities or persons known to the provider who refer animal 97
147	147	owners or bring deceased animals to the provider on a regular 98
148	148	basis. 99
149	149	3. The department. 100
150	150
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158	158	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
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162	162	4. Any other person, upon request. 101
163	163	(b) The written description of services: 102
164	164	1. May be in the form of a brochure; 103
165	165	2. Must be provided in quantities sufficient to allow its 104
166	166	distribution to animal own ers whose business is being referred 105
167	167	or brought to the provider; 106
168	168	3. Must include a detailed explanation of each service 107
169	169	offered for each type or level of cremation service offered. If 108
170	170	any part of the deceased companion animal will be removed, used, 109
171	171	or sold by the provider before or after the cremation, the 110
172	172	written description of services must disclose that fact; and 111
173	173	4. May not include false or misleading information. A 112
174	174	written description of services is misleading if it: 113
175	175	a. Fails to include a detail ed explanation of the 114
176	176	cremation services offered or fails to include, for each type or 115
177	177	level of cremation service offered, any of the disclosures 116
178	178	required under this subsection; 117
179	179	b. Uses the terms "private" or "individual" with respect 118
180	180	to any communal cremation procedure or with respect to an 119
181	181	individually partitioned cremation procedure that will cremate 120
182	182	more than one companion animal at the same time; 121
183	183	c. Uses the terms "individually partitioned" or "separate" 122
184	184	with respect to a communal cremation process ; or 123
185	185	d. Includes any text, picture, illustration, or 124
186	186	combination thereof, or uses any layout, typography, or color 125
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195	195	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
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199	199	scheme, which reasonably causes confusion about the nature of 126
200	200	the services to be provided or obstructs certain parts of the 127
201	201	written description of services. 128
202	202	(4) BUSINESS ENTITIES OR PERSONS REFERRING OR BRINGING 129
203	203	BUSINESS TO A PROVIDER. — 130
204	204	(a) A veterinarian, pet shop, or other business entity or 131
205	205	person referring owners of deceased animals, or persons making 132
206	206	arrangements on an owner's behalf , to a provider on a regular 133
207	207	basis shall, at the time of the referral, make a copy of the 134
208	208	provider's written description of services available to such 135
209	209	person. 136
210	210	(b) A veterinarian, pet shop, or other business entity or 137
211	211	person accepting, on a regular basis, deceased companion animals 138
212	212	for cremation through services obtained from a provider shall 139
213	213	make a copy of the provider's written description of services 140
214	214	available to each animal owner, or person making arrangements on 141
215	215	the owner's behalf, from whom a decease d companion animal is 142
216	216	accepted. 143
217	217	(c) A copy of the written description of services may be 144
218	218	given to the animal owner, or the person making arrangements on 145
219	219	the owner's behalf, at the time the services are offered. 146
220	220	(d) For purposes of this subsection, publ ishing or 147
221	221	otherwise disseminating advertising for a provider of companion 148
222	222	animal cremation services does not, in and of itself, constitute 149
223	223	referring or bringing business to that provider. 150
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232	232	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
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236	236	(5) CERTIFICATION; PENALTY FOR FALSE CERTIFICATION. —If a 151
237	237	provider's services include the return of the cremation remains 152
238	238	of the animal, the provider must include a certification along 153
239	239	with the returned cremation remains. The certification must 154
240	240	declare, to the best of the provider's knowledge and belief, 155
241	241	that, except as otherwise specifically indicated on the 156
242	242	certificate, the cremation and any other services specified were 157
243	243	provided in accordance with the representations of the provider 158
244	244	in the applicable portions of the provider's written description 159
245	245	of services. 160
246	246	(6) UNLAWFUL ACTS.—It is unlawful: 161
247	247	(a) For a provider to prepare or distribute a written 162
248	248	description of services which the provider knows or should know 163
249	249	to be false or misleading. A first offense is punishable by a 164
250	250	fine of at least $1,001 but not more than $1,500, and each 165
251	251	subsequent offense is punishable by a fine of at least $2,000 166
252	252	but not more than $2,500. 167
253	253	(b) To intentionally fail to prepare or distribute a 168
254	254	written description of services as required by this section. A 169
255	255	first offense is punishable by a fine of at least $1,001 but not 170
256	256	more than $1,500, and each subsequent offense is punishable by a 171
257	257	fine of at least $2,000 but not more than $2,500. 172
258	258	(c) To knowingly make a false certification under 173
259	259	subsection (5). A first offense is punishable by a fine o f at 174
260	260	least $1,001 but not more than $1,500, and each subsequent 175
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269	269	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
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273	273	offense is punishable by a fine of at least $2,000 but not more 176
274	274	than $2,500. 177
275	275	(7) VIOLATION AS A DECEPTIVE ACT OR PRACTICE OR UNFAIR 178
276	276	TRADE PRACTICE.—In addition to any fine imposed under subs ection 179
277	277	(6), a person who commits an act or a practice declared to be 180
278	278	unlawful under subsection (6) or who violates this section 181
279	279	commits an unfair method of competition or an unfair or 182
280	280	deceptive act or practice in violation of part II of chapter 501 183
281	281	and is subject to the penalties and remedies provided for such 184
282	282	violations. 185
283	283	(8) PRIVATE RIGHT OF ACTION. —In addition to any other 186
284	284	penalties or remedies provided by law, a person injured by a 187
285	285	violation of this act may bring a civil action to recover 188
286	286	damages or punitive damages, including costs, court costs, and 189
287	287	attorney fees. This act may not be construed to limit any right 190
288	288	or remedy provided under law. 191
289	289	(9) POWERS OF THE DEPARTMENT. — 192
290	290	(a) The department may conduct an investigation of any 193
291	291	person or provider if there is an appearance, either upon 194
292	292	complaint or otherwise, that a violation of this section or of 195
293	293	any rule adopted or order issued pursuant to this section has 196
294	294	been committed or is about to be committed. 197
295	295	(b) The department may issue and serve subpoenas and 198
296	296	subpoenas duces tecum to compel the attendance of witnesses and 199
297	297	the production of all books, accounts, records, and other 200
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306	306	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
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310	310	documents and materials relevant to an examination or 201
311	311	investigation. The department, or its duly authorized 202
312	312	representative, may ad minister oaths and affirmations to any 203
313	313	person. 204
314	314	(c) The department may enter an order imposing one or more 205
315	315	of the penalties set forth in subsection (6) if the department 206
316	316	finds that a provider or a person or business entity that 207
317	317	regularly refers animal own ers to a provider, or an agent, a 208
318	318	servant, or an employee thereof: 209
319	319	1. Violated or is operating in violation of this section 210
320	320	or department rule or order; 211
321	321	2. Refused or failed, or any of its principal officers 212
322	322	refused or failed, after notice, to produce any records of such 213
323	323	provider, person, or business entity or to disclose any 214
324	324	information required to be disclosed under this section or 215
325	325	department rules; or 216
326	326	3. Made a material false statement in response to any 217
327	327	department request or investigation. 218
328	328	(d) Upon a finding as set forth in paragraph (c), the 219
329	329	department may enter an order that does one or more of the 220
330	330	following: 221
331	331	1. Issues a notice of noncompliance pursuant to s. 222
332	332	120.695. 223
333	333	2. Issues a cease and desist order that directs the 224
334	334	provider, person, or business entity to cease and desist 225
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343	343	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
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347	347	specified activities. 226
348	348	3. Imposes an administrative fine in the Class II category 227
349	349	pursuant to s. 570.971 for each act or omission. 228
350	350	4. Imposes an administrative fine in the Class III 229
351	351	category pursuant to s. 570.971 for each act or omission that 230
352	352	involves fraud or deception. 231
353	353	(e) Except as otherwise provided in this section, the 232
354	354	administrative proceedings that could result in the entry of an 233
355	355	order imposing any of the penalties specified in paragraph (d) 234
356	356	are governed by chapter 120. 235
357	357	(f) All fines collected by the department under paragraph 236
358	358	(d) must be paid into the General Inspection Trust Fund. 237
359	359	(10) RULEMAKING AUTHORITY. —The department may adopt rules 238
360	360	to administer this section. 239
361	361	Section 2. This act shall take eff ect July 1, 2024. 240