Florida Senate - 2026 SB 58 By Senator Harrell 31-00190-26 202658__ Page 1 of 9 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to animal cremation; creating s. 2 501.961, F.S.; providing a

short title; defining 3 terms; requiring a provider of companion animal 4 cremation services to provide certain individuals and 5 entities with a written description of the services 6 the provider offers; specifying requirements for such 7 written descriptions of services; requiring certain 8 persons or entities that make referrals to providers 9 or accept deceased companion animals for cremation 10 through a provider to make a copy of the provider’s 11 written description of services available to owners or 12 their representatives; providing construction; 13 requiring certain providers to include a certification 14 with the returned animal’s cremation remains; 15 specifying requirements for the certification; 16 providing that certain acts are unlawful; providing 17 civil penalties for initial and subsequent offenses; 18 providing circumstances under which a person commits 19 an unfair or deceptive act or practice or an unfair 20 method of competition in violation of certain 21 provisions; providing for a private right of action; 22 providing powers of the Department of Agriculture and 23 Consumer Services; requiring that certain fines 24 collected by the department be paid into the General 25 Inspection Trust Fund; authorizing the department to 26 adopt rules; providing an effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29

Florida Senate - 2026 SB 58 31-00190-26 202658__ Page 2 of 9 CODING: Words stricken are deletions; words underlined are additions. 30

Section

Section 501.961, Florida Statutes, is created to 31 read: 32 501.961 Animal cremation.— 33

(1) SHORT TITLE.—This

section may be cited as “Sevilla’s 34 Law.” 35

(2) DEFINITIONS.—As used in this section, the term: 36 (a) “Commingling of significant amounts of cremation 37 remains from different companion animals” means the commingling 38 of remains such that specific cremation remains cannot be 39 attributed to a particular animal or the cremation remains 40 attributed to one companion animal contain more than 1 percent 41 by weight of cremation remains from one or more other companion 42 animals.

The term does not include the presence of, in the 43 cremation remains of a companion animal, the remains of any 44 creature that was on or contained within the body of that animal 45 at the time of cremation, including parasites, insects, food, or 46 creatures eaten by that companion animal. 47 (b) “Communal cremation” means a cremation process in which 48 companion animals are cremated together without effective 49 partitions or separation during the cremation process such that 50 the commingling of significant amounts of cremation remains from 51 different companion animals is likely or certain to occur. 52 (c) “Companion animal” or “animal” means a deceased animal 53 that had a companion relationship or a pet relationship with its 54 owner at the time of the animal’s death. 55 (d) “Cremation remains” means the material remaining after 56 the cremation of an animal, which may include ashes, skeletal 57 remains, and other residue resulting from the incineration 58

Florida Senate - 2026 SB 58 31-00190-26 202658__ Page 3 of 9 CODING: Words stricken are deletions; words underlined are additions. process, and which may be pulverized or otherwise processed by 59 the provider of cremation services. 60 (e) “Department” means the Department of Agriculture and 61 Consumer Services. 62 (f) “Individually partitioned cremation” means a cremation 63 process in which the commingling of significant amounts of 64 cremation remains from different companion animals is unlikely 65 to occur and: 66 1. Only one companion animal at a time is cremated in the 67 incinerator; or 68 2.

More than one companion animal is cremated in the 69 incinerator at the same time, but each of the animals is 70 completely separated from the others by partitions during the 71 cremation process. 72 (g) “On a regular basis” means that the person or business 73 entity referring animal owners or bringing business to a 74 provider: 75 1. Has an ongoing contractual or agency relationship with 76 the provider relating to the cremation of companion animals; 77 2.

Regularly receives compensation or consideration from 78 the provider or animal owners relating to the cremation of 79 companion animals by the provider; or 80 3. Refers or brings to the provider the business of more 81 than five animal owners in an average month. 82 (h) “Provider” means a person, company, or other entity 83 engaging in the business of cremating deceased companion animals 84 in this state. 85

(3) WRITTEN DESCRIPTION OF SERVICES.— 86 (

a) A provider of companion animal cremation services 87

Florida Senate - 2026 SB 58 31-00190-26 202658__ Page 4 of 9 CODING: Words stricken are deletions; words underlined are additions. shall, without charge, provide to all of the following a written 88 description of the services the provider offers: 89 1. The owner of each deceased animal for whom the provider 90 agrees to provide cremation services, or the person making 91 cremation arrangements on the owner’s behalf. 92 2. All veterinarians, pet shops, and other business 93 entities or persons known to the provider who refer animal 94 owners or bring deceased animals to the provider on a regular 95 basis. 96 3. The department. 97 4. Any other person, upon request. 98 (

b) The written description of services: 99 1. May be in the form of a brochure; 100 2. Must be provided in quantities sufficient to allow its 101 distribution to animal owners whose business is being referred 102 or brought to the provider; 103 3. Must include a detailed explanation of each service 104 provided for each type or level of cremation service offered. If 105 any part of the deceased companion animal will be removed, used, 106 or sold by the provider before or after the cremation, the 107 written description of services must disclose that fact; and 108 4.

May not include false or misleading information. A 109 written description of services is misleading if it: 110 a. Fails to include a detailed explanation of the cremation 111 services offered or fails to include, for each type or level of 112 cremation service offered, any of the disclosures required under 113 this subsection; 114 b. Uses the terms “private” or “individual” with respect to 115 any communal cremation procedure or with respect to an 116

Florida Senate - 2026 SB 58 31-00190-26 202658__ Page 5 of 9 CODING: Words stricken are deletions; words underlined are additions. individually partitioned cremation procedure that will cremate 117 more than one companion animal at the same time; 118 c. Uses the terms “individually partitioned” or “separate” 119 with respect to a communal cremation process; or 120 d. Includes any text, picture, illustration, or combination 121 thereof, or uses any layout, typography, or color scheme, which 122 reasonably causes confusion about the nature of the services to 123 be provided or obstructs certain parts of the written 124 description of services. 125

(4) BUSINESS ENTITIES OR PERSONS REFERRING OR BRINGING 126 BUSINESS TO A PROVIDER.— 127 (

a) A veterinarian, pet shop, or other business entity or 128 person referring owners of deceased animals, or persons making 129 arrangements on an owner’s behalf, to a provider on a regular 130 basis shall, at the time of the referral, make a copy of the 131 provider’s written description of services available to such 132 person. 133 (

b) A veterinarian, pet shop, or other business entity or 134 person accepting, on a regular basis, deceased companion animals 135 for cremation through services obtained from a provider shall 136 make a copy of the provider’s written description of services 137 available to each animal owner, or person making arrangements on 138 the owner’s behalf, from whom a deceased companion animal is 139 accepted. 140 (

c) A copy of the written description of services may be 141 given to the animal owner, or the person making arrangements on 142 the owner’s behalf, at the time the services are offered. 143 (

d) For purposes of this subsection, publishing or 144 otherwise disseminating advertising for a provider of companion 145

Florida Senate - 2026 SB 58 31-00190-26 202658__ Page 6 of 9 CODING: Words stricken are deletions; words underlined are additions. animal cremation services does not, in and of itself, constitute 146 referring or bringing business to that provider. 147

(5) CERTIFICATION; PENALTY FOR FALSE CERTIFICATION.—If a 148 provider’s services include the return of the cremation remains 149 of the animal, the provider must include a certification along 150 with the returned cremation remains. The certification must 151 declare that, to the best of the provider’s knowledge and 152 belief, except as otherwise specifically indicated on the 153 certificate, the cremation and any other services specified were 154 provided in accordance with the representations of the provider 155 in the applicable portions of the provider’s written description 156 of services. 157

(6) UNLAWFUL ACTS.—It is unlawful for a provider: 158 (

a) To prepare or distribute a written description of 159 services which the provider knows or should know to be false or 160 misleading. A first offense is punishable by a fine of at least 161 $1,000 but not more than $1,500, and each subsequent offense is 162 punishable by a fine of at least $2,000 but not more than 163 $2,500. 164 (

b) To intentionally fail to prepare or distribute a 165 written description of services as required by this section. A 166 first offense is punishable by a fine of at least $1,000 but not 167 more than $1,500, and each subsequent offense is punishable by a 168 fine of at least $2,000 but not more than $2,500. 169 (

c) To knowingly make a false certification under 170 subsection (5). A first offense is punishable by a fine of at 171 least $1,000 but not more than $1,500, and each subsequent 172 offense is punishable by a fine of at least $2,000 but not more 173 than $2,500. 174

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(7) VIOLATION AS A DECEPTIVE ACT OR PRACTICE OR UNFAIR 175 TRADE PRACTICE.—In addition to any fine imposed under subsection 176 (6), a person who commits

an act or a practice declared to be 177 unlawful under subsection (6) or who violates this

section 178 commits an unfair method of competition or an unfair or 179 deceptive act or practice in violation of

part II of this 180

chapter and is subject to the penalties and remedies provided 181 for such violations. 182

(8) PRIVATE RIGHT OF ACTION.—In addition to any other 183 penalties or remedies provided by law, a person injured by a 184 violation of this

section may bring a civil action to recover 185 damages or punitive damages, including costs, court costs, and 186 attorney fees. This subsection may not be construed to limit any 187 right or remedy provided under law. 188

(9) POWERS OF THE DEPARTMENT.— 189 (

a) The department may conduct an investigation of any 190 person or provider if there is an appearance that, either upon 191 complaint or otherwise, a violation of this

section or of any 192 rule adopted or order issued pursuant to this

section has been 193 committed or is about to be committed. 194 (

b) The department may issue and serve subpoenas and 195 subpoenas duces tecum to compel the attendance of witnesses and 196 the production of all books, accounts, records, and other 197 documents and materials relevant to an examination or 198 investigation. The department, or its duly authorized 199 representative, may administer oaths and affirmations to any 200 person. 201 (

c) The department may enter an order imposing one or more 202 of the penalties set forth in subsection (6) if the department 203

Florida Senate - 2026 SB 58 31-00190-26 202658__ Page 8 of 9 CODING: Words stricken are deletions; words underlined are additions. finds that a provider or a person or business entity that refers 204 animal owners to a provider, or an agent, a servant, or an 205 employee thereof on a regular basis: 206 1. Violated or is operating in violation of this

section or 207 department rule or order; 208 2. Refused or failed, or any of its principal officers 209 refused or failed, after notice, to produce any record of such 210 provider, person, or business entity or to disclose any 211 information required to be disclosed under this

section or 212 department rules; or 213 3. Made a materially false statement in response to any 214 department request or investigation. 215 (

d) Upon a finding as set forth in paragraph (c), the 216 department may enter an order doing one or more of the 217 following: 218 1. Issuing a notice of noncompliance pursuant to s. 219 120.695. 220 2. Issuing a cease and desist order that directs the 221 provider, person, or business entity to cease and desist 222 specified activities. 223 3. Imposing an administrative fine in the Class II category 224 pursuant to s. 570.971 for each act or omission. 225 4. Imposing an administrative fine in the Class III 226 category pursuant to s. 570.971 for each act or omission that 227 involves fraud or deception. 228 (

e) Except as otherwise provided in this section, the 229 administrative proceedings that could result in the entry of an 230 order imposing any of the penalties specified in paragraph (d) 231 are governed by

chapter 120. 232

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f) All fines collected by the department under paragraph 233 (

d) must be paid into the General Inspection Trust Fund. 234

(10) RULEMAKING AUTHORITY.—The department may adopt rules 235 pursuant to ss. 120.536(1) and 120.54 to implement this section. 236

Section 2. This act shall take effect July 1, 2026. 237