Florida 2025 2025 Regular Session

Florida Senate Bill S0210 Analysis / Analysis

Filed 02/17/2025

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Committee on Agriculture  
 
BILL: SB 210 
INTRODUCER:  Senator Harrell 
SUBJECT:  Animal Cremation 
DATE: February 17, 2025 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Becker Becker AG  
2.     JU  
3.     FP  
 
I. Summary: 
SB 210 designates this act as “Sevilla’s Law.” It requires a provider of companion animal 
cremation to provide a written description of their services to the owner of the deceased animal, 
the person making cremation arrangements for the owner, veterinarians, pet shops, the 
Department of Agriculture and Consumer Services (department), and any person, upon request. 
It prohibits written descriptions of services to contain false or misleading information. The 
provider must include a certification along with the returned cremation remains. The bill 
provides criteria for the certification. The bill provides civil penalties for unlawful acts by the 
provider. It also provides that certain fines collected by the department be paid into the General 
Inspection Trust Fund. 
II. Present Situation: 
There are currently no regulations relating to pet cremation in the state. 
 
According to a 2013 study by the Pet Loss Professionals Alliance, 99 percent of pets are 
cremated, of which 7 percent were partitioned cremations, where a physical separation is 
employed to keep comingling of ashes to a minimum; 63 percent were group cremations, where 
several pets are cremated at once using no physical means of physical separation; and 30 percent 
were private cremations, where one pet is cremated at a time.
1
 
 
According to her family, “Sevilla” was cremated before her owners could say their final 
farewells or attend the private cremation that they had ordered. The owners were told by the 
crematorium that there had been a “catastrophic failure of process,” which led Sevilla’s family to 
request a DNA analysis from the University of Florida. The analysis indicated that they were 
 
1
 Connecting Directors. Pet Loss Professionals Alliance Releases Findings of Inaugural Professional Survey. December 9, 
2014. Pet Loss Professionals Alliance Releases Findings Of Inaugural Professional Survey (Last visited February 14, 2025).  
REVISED:   BILL: SB 210   	Page 2 
 
unable to determine the cremains were those of a cat, but they identified glass, metal, and human 
DNA.
2
 
III. Effect of Proposed Changes: 
Section 1 creates s. 501.961, F.S., to create the act cited as “Sevilla’s Law.” It provides 
definitions for the terms “commingling of significant amounts of cremation remains from 
different companion animals,” “communal cremation,” “companion animal or animal,” 
“cremation remains,” “department,” “individually partitioned cremation,” “on a regular basis,” 
and “provider.” 
 
The bill requires a provider of companion animal cremation services (provider) to provide, 
without charge, to all of the following a written description of the services that the provider 
offers: 
• The owner of each deceased animal for whom the provider agrees to provide cremation 
services, or the person making cremation arrangements on the owner’s behalf; 
• All veterinarians, pet shops, and other business entities or persons known to the provider who 
refer animal owners or bring deceased animals to the provider on a regular basis; 
• The Florida Department of Agriculture and Consumer Services (department); and 
• Any other person, upon request. 
 
The required written description of services: 
• May be in the form of a brochure; 
• Must be provided in quantities sufficient to allow its distribution to animal owners whose 
business is being referred or brought to the provider; 
• Must include a detailed explanation of each service offered for each type or level of 
cremation service offered; and 
• May not include false or misleading information. 
 
A written description is misleading if it: 
• Fails to include a detailed explanation of the cremation services offered or fails to include, 
for each type or level of cremation service offered, any of the disclosures required; 
• Uses the terms “private” or “individual” with respect to any communal cremation procedure 
or with respect to an individually partitioned cremation procedure that will cremate more 
than one companion animal at the same time; 
• Uses the terms “individually partitioned” or “separate” with respect to a communal cremation 
process; or 
• Includes any text, picture, illustration, or combination thereof, or uses any layout, 
typography, or color scheme, which reasonably causes confusion about the nature of the 
services to be provided or obstructs certain parts of the written description of services. 
 
The bill requires entities that make referrals to providers or accepts deceased companion animals 
for cremation through a provider to make the provider’s written description of services available 
to owners or their representatives. It requires providers to include a certification with the 
 
2
 https://sevillaslaw.com/sevilla%E2%80%99s-story (Last visited February 14, 2025).  BILL: SB 210   	Page 3 
 
returned animal’s remains and provides requirements for such certification. It provides that the 
following acts are unlawful and come with civil penalties: 
• For a provider to prepare or distribute a written description of services that the provider 
knows or should know to be false or misleading. 
• To intentionally fail to prepare or distribute a written description of services as required by 
this section. 
• To knowingly make a false certification concerning persons referring or bringing business to 
a provider. 
 
The bill provides circumstances under which a person commits an unfair or deceptive act or 
practice or engages in an unfair method of competition in violation of certain provisions. It 
provides that a person who is injured by a violation of this act may bring a civil action to recover 
damages or punitive damages, including costs, court costs, and attorney fees. The bill provides 
for the powers of the department and authorizes the department to adopt rules to implement the 
act. 
 
Section 2 provides that this act shall take effect July 1, 2025. 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
None. 
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
None. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None.  BILL: SB 210   	Page 4 
 
B. Private Sector Impact: 
There could be a burden on providers to create and share a detailed list of services 
offered. The bill provides fines of up to $2,500 for unlawful acts by providers.  
C. Government Sector Impact: 
The Florida Department of Agriculture and Consumer Services estimates the bill will 
have an impact on the department of $258,714 in fiscal year 2025-2026 and $177,852 in 
fiscal years 2026-2027 and 2027-2028. 
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
None. 
VIII. Statutes Affected: 
This bill creates section 501.961 of the Florida Statutes:   
IX. Additional Information: 
A. Committee Substitute – Statement of Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
None. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.