Bill Summary – FastDemocracy

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           HB 301                                                                                                2024
                                       A bill to be entitled
             An act relating to animal cremation; creating s.
             501.961, F.S.; providing a short title; defining
             terms; requiring a provider of companion animal
             cremation services to provide certain individuals and
             entities with a written description of the services
             the provider offers; requiring the written description
             to include a detailed explanation of each service
             offered; providing that the written description may
                not contain false or misleading information; requiring
                certain persons or entities that make referrals to
                providers or accept deceased companion animals for
                cremation through a provider to make a copy of the
                provider's written description of services available
                to owners or their representatives; providing
                construction; requiring certain providers to include a
                certification with the returned animal's cremation
                remains; specifying requirements for the
                certification; providing that certain acts are
                unlawful; providing civil penalties for initial and
                subsequent offenses; providing 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; providing for a
                private right of action; providing powers of the
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        HB 301                                                                                                2024
             Department of Agriculture and Consumer Services;
             requiring that certain fines collected by the
             department be paid into the General Inspection Trust
             Fund; authorizing the department to adopt rules;
             providing an effective date.
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    Be It Enacted by the Legislature of the State of Florida:
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             Section 1.         Section 501.961, Florida Statutes, is created
    to read:
             501.961        Animal cremation.—
             (1)         SHORT TITLE.—This section may be cited as "Sevilla's
    Law."
             (2)         DEFINITIONS.—As used in this section, the term:
             (a)         "Commingling of significant amounts of cremation
    remains from different companion animals" means the commingling
    of remains such that specific cremation remains cannot be
    attributed to a particular animal or the cremation remains
    attributed to one companion animal contain more than 1 percent
    by weight of cremation remains from one or more other companion
    animals. The term does not include the presence, in the
    cremation remains of a companion animal, of the remains of any
    creature that was on or contained within the body of that animal
    at the time of cremation, including parasites, insects, food, or
    creatures eaten by that companion animal.
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        HB 301                                                                                                2024
             (b)         "Communal cremation" means a cremation process in
    which companion animals are cremated together without effective
    partitions or separation during the cremation process su ch that
    the commingling of significant amounts of cremation remains from
    different companion animals is likely or certain to occur.
             (c)         "Companion animal" or "animal" means a deceased animal
    that had a companion relationship or a pet relationship with it s
    owner at the time of the animal's death.
             (d)         "Cremation remains" means the material remaining after
    the cremation of an animal, which may include ashes, skeletal
    remains, and other residue resulting from the incineration
    process, and which may be pulverized or otherwise processed by
    the provider of cremation services.
             (e)         "Department" means the Department of Agriculture and
    Consumer Services.
             (f)         "Individually partitioned cremation" means a cremation
    process in which the commingling of significant amounts of
    cremation remains from different companion animals is unlikely
    to occur and:
             1.      Only one companion animal at a time is cremated in the
    incinerator; or
             2.      More than one companion animal is cremated in the
    incinerator at the same time, but each of the animals is
    completely separated from the others by partitions during the
    cremation process.
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         HB 301                                                                                                2024
             (g)         "On a regular basis" means that the person or business
    entity referring animal owners or bringing business to a
    provider:
             1.      Has an ongoing contractual or agency relationship with
    the provider relating to the cremation of companion animals;
             2.      Regularly receives compensation or consideration from
    the provider or animal owners relating to the cremation of
    companion animals by the provider; or
             3.      Refers or brings to the provider the business of more
    than five animal owners in an average month.
             (h)         "Provider" means a person, company, or other entity
    engaging in the business of cremating deceased companion animals
    in this state.
             (3)         WRITTEN DESCRIPTION OF SERVICES.—
             (a)         A provider of companion animal cremation services
    shall provide, without charge, to all of the following a written
    description of the services that the provider offers:
             1.      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.
             2.      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.
             3.      The department.
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         HB 301                                                                                                2024
             4.      Any other person, upon request.
             (b)         The written description of services:
             1.      May be in the form of a brochure;
             2.      Must be provided in quantities sufficient to allow its
    distribution to animal owners whose business is being referred
    or brought to the provider;
             3.      Must include a detailed explanation of each service
    offered for each type or level of cremation service offered. If
    any part of the deceased companion animal will be removed, used,
    or sold by the provider before or after the cremation, the
    written description of services must disclose that fact; and
             4.      May not include false or misleading information. A
    written description of services is misleading if it:
             a.      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 under this subsection;
             b.      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;
             c.      Uses the terms "individually partitioned" or "separate"
    with respect to a communal cremation process; or
             d.      Includes any text, picture, illustration, or
    combination thereof, or uses any layout, typography, or color
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         HB 301                                                                                                2024
    scheme, which reasonably causes confusion about the nature of
    the services to be provided or obstructs certain parts of the
    written description of services.
             (4)         BUSINESS ENTITIES OR PERSONS REFERRING OR BRINGING
    BUSINESS TO A PROVIDER.—
             (a)         A veterinarian, pet shop, or other business entity or
    person referring owners of deceased animals, or persons making
    arrangements on an owner's behalf, to a provider on a regular
    basis shall, at the time of the referral, make a copy of the
    provider's written description of services available to such
    person.
             (b)         A veterinarian, pet shop, or other business entity or
    person accepting, on a regular basis, deceased companion animals
    for cremation through services obtained from a provider shall
    make a copy of the provider's written description of services
    available to each animal owner, or person making arrangements on
    the owner's behalf, from whom a deceased companion animal is
    accepted.
             (c)         A copy of the written description of services may be
    given to the animal owner, or the person making arrangements on
    the owner's behalf, at the time the services are offered.
             (d)         For purposes of this subsection, publishing or
    otherwise disseminating advertising for a provider of companion
    animal cremation services does not, in and of itself, constitute
    referring or bringing business to that provider.
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         HB 301                                                                                                2024
             (5)         CERTIFICATION; PENALTY FOR FALSE CERTIFICATION.—If a
    provider's services include the return of the cremation remains
    of the animal, the provider must include a certification along
    with the returned cremation remains. The certification must
    declare, to the best of the provider's knowledge and belief,
    that, except as otherwise specifically indicated on the
    certificate, the cremation and any other services specified were
    provided in accordance with the representations of the provider
    in the applicable portions of the provider's written description
    of services.
             (6)         UNLAWFUL ACTS.—It is unlawful:
             (a)         For a provider to prepare or distribute a written
    description of services which the provider knows or should know
    to be false or misleading. A first offense is punishable by a
    fine of at least $1,001 but not more than $1,500, and each
    subsequent offense is punishable by a fine of at least $2,000
    but not more than $2,500.
             (b)         To intentionally fail to prepare or distribute a
    written description of services as required by this section. A
    first offense is punishable by a fine of at least $1,001 but not
    more than $1,500, and each subsequent offense is punishable by a
    fine of at least $2,000 but not more than $2,500.
             (c)         To knowingly make a false certification under
    subsection (5). A first offense is punishable by a fine of at
    least $1,001 but not more than $1,500, and each subsequent
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         HB 301                                                                                                2024
    offense is punishable by a fine of at least $2,000 but not more
    than $2,500.
             (7)         VIOLATION AS A DECEPTIVE ACT OR PRACTICE OR UNFAIR
    TRADE PRACTICE.—In addition to any fine imposed under subsection
    (6), a person who commits an act or a practice declared to be
    unlawful under subsection (6) or who violates this section
    commits an unfair method of competition or an unfair or
    deceptive act or practice in violation of part II of chapter 501
    and is subject to the penalties and remedies provided for such
    violations.
             (8)         PRIVATE RIGHT OF ACTION.—In addition to any other
    penalties or remedies provided by law, a person 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. This act may not be construed to limit any right
    or remedy provided under law.
             (9)         POWERS OF THE DEPARTMENT.—
             (a)         The department may conduct an investigation of any
    person or provider if there is an appearance, either upon
    complaint or otherwise, that a violation of this section or of
    any rule adopted or order issued pursuant to this section has
    been committed or is about to be committed.
             (b)         The department may issue and serve subpoenas and
    subpoenas duces tecum to compel the attendance of witnesses and
    the production of all books, accounts, records, and other
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         HB 301                                                                                                2024
    documents and materials relevant to an examination or
    investigation. The department, or its duly authorized
    representative, may administer oaths and affirmations to any
    person.
             (c)         The department may enter an order imposing one or more
    of the penalties set forth in subsection (6) if the department
    finds that a provider or a person or business entity that
    regularly refers animal owners to a provider, or an agent, a
    servant, or an employee thereof:
             1.      Violated or is operating in violation of this section
    or department rule or order;
             2.      Refused or failed, or any of its principal officers
    refused or failed, after notice, to produce any records of such
    provider, person, or business entity or to disclose any
    information required to be disclosed under this section or
    department rules; or
             3.      Made a material false statement in response to any