Florida 2025 2025 Regular Session

Florida Senate Bill S0210 Analysis / Analysis

Filed 02/19/2025

                    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: Feburary 17, 2025 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Becker Becker AG Pre-meeting 
2.     JU  
3.     FP  
 
I. Summary: 
SB 60 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: 
Pets are important to a family and they want their pet to be treated in a compassionate, dignified 
manner after its passing. Not only are pet owners faced with the loss of a treasured friend, but 
they are also faced with the disposition of the pet after their passing. 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
 
 
“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,” the details of which have not been explained to the owners.
2
 
 
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 January 20, 2023).  
2
 https://sevillaslaw.com/sevilla%E2%80%99s-story (Last visited January 20, 2023). 
REVISED:   BILL: SB 210   	Page 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 
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.  BILL: SB 210   	Page 3 
 
• 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, 2023. 
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. 
B. Private Sector Impact: 
There could be a burden on providers to create and share detailed list of services offered.  BILL: SB 210   	Page 4 
 
C. Government Sector Impact: 
The Florida Department of Agriculture and Consumer Services estimates the bill will 
have an impact on the department of $138,000 in fiscal year 2023-2024 and $138, 000 in 
fiscal year 2024-2025. 
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.