Florida Senate - 2026 SB 58
By Senator Harrell
31-00190-26 202658__
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 the provider offers; specifying requirements for such
8 written descriptions of services; requiring certain
9 persons or entities that make referrals to providers
10 or accept deceased companion animals for cremation
11 through a provider to make a copy of the provider’s
12 written description of services available to owners or
13 their representatives; providing construction;
14 requiring certain providers to include a certification
15 with the returned animal’s cremation remains;
16 specifying requirements for the certification;
17 providing that certain acts are unlawful; providing
18 civil penalties for initial and subsequent offenses;
19 providing circumstances under which a person commits
20 an unfair or deceptive act or practice or an unfair
21 method of competition in violation of certain
22 provisions; providing for a private right of action;
23 providing powers of the Department of Agriculture and
24 Consumer Services; requiring that certain fines
25 collected by the department be paid into the General
26 Inspection Trust Fund; authorizing the department to
27 adopt rules; providing an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Section 501.961, Florida Statutes, is created to
32 read:
33 501.961 Animal cremation.—
34 (1) SHORT TITLE.—This section may be cited as “Sevilla’s
35 Law.”
36 (2) DEFINITIONS.—As used in this section, the term:
37 (a) “Commingling of significant amounts of cremation
38 remains from different companion animals” means the commingling
39 of remains such that specific cremation remains cannot be
40 attributed to a particular animal or the cremation remains
41 attributed to one companion animal contain more than 1 percent
42 by weight of cremation remains from one or more other companion
43 animals. The term does not include the presence of, in the
44 cremation remains of a companion animal, the remains of any
45 creature that was on or contained within the body of that animal
46 at the time of cremation, including parasites, insects, food, or
47 creatures eaten by that companion animal.
48 (b) “Communal cremation” means a cremation process in which
49 companion animals are cremated together without effective
50 partitions or separation during the cremation process such that
51 the commingling of significant amounts of cremation remains from
52 different companion animals is likely or certain to occur.
53 (c) “Companion animal” or “animal” means a deceased animal
54 that had a companion relationship or a pet relationship with its
55 owner at the time of the animal’s death.
56 (d) “Cremation remains” means the material remaining after
57 the cremation of an animal, which may include ashes, skeletal
58 remains, and other residue resulting from the incineration
59 process, and which may be pulverized or otherwise processed by
60 the provider of cremation services.
61 (e) “Department” means the Department of Agriculture and
62 Consumer Services.
63 (f) “Individually partitioned cremation” means a cremation
64 process in which the commingling of significant amounts of
65 cremation remains from different companion animals is unlikely
66 to occur and:
67 1. Only one companion animal at a time is cremated in the
68 incinerator; or
69 2. More than one companion animal is cremated in the
70 incinerator at the same time, but each of the animals is
71 completely separated from the others by partitions during the
72 cremation process.
73 (g) “On a regular basis” means that the person or business
74 entity referring animal owners or bringing business to a
75 provider:
76 1. Has an ongoing contractual or agency relationship with
77 the provider relating to the cremation of companion animals;
78 2. Regularly receives compensation or consideration from
79 the provider or animal owners relating to the cremation of
80 companion animals by the provider; or
81 3. Refers or brings to the provider the business of more
82 than five animal owners in an average month.
83 (h) “Provider” means a person, company, or other entity
84 engaging in the business of cremating deceased companion animals
85 in this state.
86 (3) WRITTEN DESCRIPTION OF SERVICES.—
87 (a) A provider of companion animal cremation services
88 shall, without charge, provide to all of the following a written
89 description of the services the provider offers:
90 1. The owner of each deceased animal for whom the provider
91 agrees to provide cremation services, or the person making
92 cremation arrangements on the owner’s behalf.
93 2. All veterinarians, pet shops, and other business
94 entities or persons known to the provider who refer animal
95 owners or bring deceased animals to the provider on a regular
96 basis.
97 3. The department.
98 4. Any other person, upon request.
99 (b) The written description of services:
100 1. May be in the form of a brochure;
101 2. Must be provided in quantities sufficient to allow its
102 distribution to animal owners whose business is being referred
103 or brought to the provider;
104 3. Must include a detailed explanation of each service
105 provided for each type or level of cremation service offered. If
106 any part of the deceased companion animal will be removed, used,
107 or sold by the provider before or after the cremation, the
108 written description of services must disclose that fact; and
109 4. May not include false or misleading information. A
110 written description of services is misleading if it:
111 a. Fails to include a detailed explanation of the cremation
112 services offered or fails to include, for each type or level of
113 cremation service offered, any of the disclosures required under
114 this subsection;
115 b. Uses the terms “private” or “individual” with respect to
116 any communal cremation procedure or with respect to an
117 individually partitioned cremation procedure that will cremate
118 more than one companion animal at the same time;
119 c. Uses the terms “individually partitioned” or “separate”
120 with respect to a communal cremation process; or
121 d. Includes any text, picture, illustration, or combination
122 thereof, or uses any layout, typography, or color scheme, which
123 reasonably causes confusion about the nature of the services to
124 be provided or obstructs certain parts of the written
125 description of services.
126 (4) BUSINESS ENTITIES OR PERSONS REFERRING OR BRINGING
127 BUSINESS TO A PROVIDER.—
128 (a) A veterinarian, pet shop, or other business entity or
129 person referring owners of deceased animals, or persons making
130 arrangements on an owner’s behalf, to a provider on a regular
131 basis shall, at the time of the referral, make a copy of the
132 provider’s written description of services available to such
133 person.
134 (b) A veterinarian, pet shop, or other business entity or
135 person accepting, on a regular basis, deceased companion animals
136 for cremation through services obtained from a provider shall
137 make a copy of the provider’s written description of services
138 available to each animal owner, or person making arrangements on
139 the owner’s behalf, from whom a deceased companion animal is
140 accepted.
141 (c) A copy of the written description of services may be
142 given to the animal owner, or the person making arrangements on
143 the owner’s behalf, at the time the services are offered.
144 (d) For purposes of this subsection, publishing or
145 otherwise disseminating advertising for a provider of companion
146 animal cremation services does not, in and of itself, constitute
147 referring or bringing business to that provider.
148 (5) CERTIFICATION; PENALTY FOR FALSE CERTIFICATION.—If a
149 provider’s services include the return of the cremation remains
150 of the animal, the provider must include a certification along
151 with the returned cremation remains. The certification must
152 declare that, to the best of the provider’s knowledge and
153 belief, except as otherwise specifically indicated on the
154 certificate, the cremation and any other services specified were
155 provided in accordance with the representations of the provider
156 in the applicable portions of the provider’s written description
157 of services.
158 (6) UNLAWFUL ACTS.—It is unlawful for a provider:
159 (a) To prepare or distribute a written description of
160 services which the provider knows or should know to be false or
161 misleading. A first offense is punishable by a fine of at least
162 $1,000 but not more than $1,500, and each subsequent offense is
163 punishable by a fine of at least $2,000 but not more than
164 $2,500.
165 (b) To intentionally fail to prepare or distribute a
166 written description of services as required by this section. A
167 first offense is punishable by a fine of at least $1,000 but not
168 more than $1,500, and each subsequent offense is punishable by a
169 fine of at least $2,000 but not more than $2,500.
170 (c) To knowingly make a false certification under
171 subsection (5). A first offense is punishable by a fine of at
172 least $1,000 but not more than $1,500, and each subsequent
173 offense is punishable by a fine of at least $2,000 but not more
174 than $2,500.
175 (7) VIOLATION AS A DECEPTIVE ACT OR PRACTICE OR UNFAIR
176 TRADE PRACTICE.—In addition to any fine imposed under subsection
177 (6), a person who commits an act or a practice declared to be
178 unlawful under subsection (6) or who violates this section
179 commits an unfair method of competition or an unfair or
180 deceptive act or practice in violation of part II of this
181 chapter and is subject to the penalties and remedies provided
182 for such violations.
183 (8) PRIVATE RIGHT OF ACTION.—In addition to any other
184 penalties or remedies provided by law, a person injured by a
185 violation of this section may bring a civil action to recover
186 damages or punitive damages, including costs, court costs, and
187 attorney fees. This subsection may not be construed to limit any
188 right or remedy provided under law.
189 (9) POWERS OF THE DEPARTMENT.—
190 (a) The department may conduct an investigation of any
191 person or provider if there is an appearance that, either upon
192 complaint or otherwise, a violation of this section or of any
193 rule adopted or order issued pursuant to this section has been
194 committed or is about to be committed.
195 (b) The department may issue and serve subpoenas and
196 subpoenas duces tecum to compel the attendance of witnesses and
197 the production of all books, accounts, records, and other
198 documents and materials relevant to an examination or
199 investigation. The department, or its duly authorized
200 representative, may administer oaths and affirmations to any
201 person.
202 (c) The department may enter an order imposing one or more
203 of the penalties set forth in subsection (6) if the department
204 finds that a provider or a person or business entity that refers
205 animal owners to a provider, or an agent, a servant, or an
206 employee thereof on a regular basis:
207 1. Violated or is operating in violation of this section or
208 department rule or order;
209 2. Refused or failed, or any of its principal officers
210 refused or failed, after notice, to produce any record of such
211 provider, person, or business entity or to disclose any
212 information required to be disclosed under this section or
213 department rules; or
214 3. Made a materially false statement in response to any
215 department request or investigation.
216 (d) Upon a finding as set forth in paragraph (c), the
217 department may enter an order doing one or more of the
218 following:
219 1. Issuing a notice of noncompliance pursuant to s.
220 120.695.
221 2. Issuing a cease and desist order that directs the
222 provider, person, or business entity to cease and desist
223 specified activities.
224 3. Imposing an administrative fine in the Class II category
225 pursuant to s. 570.971 for each act or omission.
226 4. Imposing an administrative fine in the Class III
227 category pursuant to s. 570.971 for each act or omission that
228 involves fraud or deception.
229 (e) Except as otherwise provided in this section, the
230 administrative proceedings that could result in the entry of an
231 order imposing any of the penalties specified in paragraph (d)
232 are governed by chapter 120.
233 (f) All fines collected by the department under paragraph
234 (d) must be paid into the General Inspection Trust Fund.
235 (10) RULEMAKING AUTHORITY.—The department may adopt rules
236 pursuant to ss. 120.536(1) and 120.54 to implement this section.
237 Section 2. This act shall take effect July 1, 2026.