Read the full stored bill text
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.
T
he 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 rem
aining 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 bring
ing
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.
R
egularly r
eceives 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 crem
ation services,
or
the person making
92
cremation arrangements on the owner’s behalf
.
93
2.
A
ll 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.
A
ny other person
,
upon request.
99
(
b
)
The
written
description of services:
100
1.
M
ay
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.
M
ust include a detailed explanation of each service
105
provided f
or 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.
M
ay not include false or misleading information. A
110
written
description
of services is misleading if
it
:
111
a
.
F
ails 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
.
U
ses the term
s
“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
.
U
ses the term
s
“individually partitioned” or “separate”
120
with respect to a communal cremation process; or
121
d
.
I
ncludes 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
descriptio
n 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, p
ublishing 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
declar
e that,
to the best of the provider’s knowledge and
153
belief, except as otherwise specifically indicated
o
n 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)
T
o 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
$1,00
0
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)
T
o intentionally fail to prepare or distribute a
166
written
description
of services as required by this
s
ection
. A
167
first offense is
punishable by a fine of at least $1,00
0
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)
T
o knowingly make a false certification under
171
subsection
(
5
)
. A first offense is punishable by
a fine of at
172
least $1,00
0
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 DECEPTI
VE 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
sec
t
ion
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 c
osts, and
187
attorney
fees.
T
his
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 material
ly
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.
Issu
ing
a notice of noncompliance pursuant to s.
220
120.695
.
221
2.
Issu
ing
a cease and desist order that directs the
222
provider,
person
, or business entity
to
cease and desist
223
specified activities
.
224
3.
Impos
ing
an administrative fine in the Class II category
225
pursuant to s. 570.971 for each act or omission
.
226
4.
Impos
ing
an administrative fine in the Class III
227
category pursuant to s. 570.971 for each act o
r
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.