Funeral and Burial Laws in Florida
Funeral and Burial Laws in Florida
Florida law gives specific people the right to control funeral and burial decisions, requires a 48-hour waiting period before cremation with no exceptions, and protects consumers through itemized pricing rules. This guide covers every major rule you need to know if you are planning a funeral or handling arrangements after someone has died in Florida.
Here is what Florida law actually says.
Who Has Disposition Authority in Florida
Disposition authority means the legal right to decide what happens to someone's body after death. Florida defines this through a clear hierarchy under Section 497.005(43), Florida Statutes.
The Priority Order
| Priority | Person |
|---|---|
| 1 | Person named in a written inter vivos declaration (signed while alive) |
| 2 | Person designated on military DD Form 93 |
| 3 | Surviving spouse (unless legally separated by court order) |
| 4 | Adult son or daughter (18+) |
| 5 | Surviving parent(s) |
| 6 | A majority of surviving adult siblings |
| 7 | Surviving adult grandchildren |
| 8 | Surviving grandparents |
| 9 | Next of kin in order of relationship |
Who Gets Disqualified
A person otherwise eligible loses disposition authority if they have been arrested for domestic violence against the person who died, or for acts contributing to the person's death, regardless of whether a conviction followed. This protection exists under the same statute.
Practical tip: If you want a specific person to handle your arrangements, write and sign an inter vivos declaration. It overrides the entire family hierarchy. See our end-of-life planning checklist for how to set this up.
Burial Rules in Florida
Burial-Transit Permit
You cannot bury or otherwise dispose of a body in Florida without a burial-transit permit. The death certificate must be filed within 5 days of death.
Where You Can Bury
- Established cemeteries - required for most burials
- Home burial - not explicitly prohibited by state law, but local zoning ordinances may restrict or prevent it. Check your county and municipality rules before assuming this is an option.
- Green burial - legal in Florida. No state law requires a casket for burial, though individual cemeteries may have their own rules.
Embalming
Florida does not require embalming by default. The FTC Funeral Rule (16 CFR Part 453) prohibits funeral homes from telling you embalming is legally required when it is not. A funeral home may require refrigeration or embalming if the body will not be buried or cremated within a certain timeframe, but they must disclose this in writing.
Cremation Rules in Florida
Florida has some of the strictest cremation rules in the country.
The 48-Hour Waiting Period
Section 872.03, Florida Statutes, requires a mandatory 48-hour waiting period after death before cremation can begin. There are no exceptions to this rule - not for religious reasons, not for family hardship, not by court order. Violating this requirement is a second-degree misdemeanor.
Additional Cremation Requirements
| Requirement | Statute |
|---|---|
| Medical examiner approval | Section 406.11 |
| Written authorization from next of kin or legal authority | Section 497.607 |
| Cremation performed within 48 hours of the agreed-upon time | Section 497.607 |
Unclaimed Remains
If cremated remains go unclaimed for 120 days, the crematory or funeral home may dispose of them as provided under Section 497.607(3).
Scattering Ashes in Florida
Florida allows scattering of cremated remains in several locations:
- Private property - with the property owner's written permission
- At sea - at least 3 nautical miles from shore (EPA regulation under 40 CFR 229.1)
- State parks - may require a permit; check with the specific park
- No scattering on public beaches without permission from the local governing authority
Aquamation (Alkaline Hydrolysis)
Aquamation is legal in Florida as of 2026 under Section 497.005(22), Florida Statutes. Also called alkaline hydrolysis or water cremation, this process uses water and alkaline chemicals to reduce the body. It produces more remains than flame cremation and uses significantly less energy.
For cost details, see our Florida funeral cost guide.
Body Donation in Florida
The Anatomical Board of Florida oversees body donation under Sections 406.50 through 406.59, Florida Statutes. Key points:
- You can register as a donor before death
- The Board coordinates with medical schools across the state
- There is typically no cost to the family for transport within Florida
- The Board may decline a donation (infectious disease, autopsy, severe trauma, obesity beyond program limits)
- Remains are returned to the family after study, usually within 1-3 years
Consumer Rights at Florida Funeral Homes
The Florida Department of Business and Professional Regulation (DBPR) regulates funeral homes and cemeteries, not the federal government. However, the FTC Funeral Rule also applies nationwide.
Your 9 Key Rights
- General Price List (GPL) - every funeral home must give you an itemized price list before discussing arrangements
- Itemized statement - you must receive a written statement of all goods and services selected, with individual prices
- Third-party caskets - funeral homes cannot refuse a casket you purchased elsewhere, and they cannot charge a handling fee for it
- No required purchases - you cannot be forced to buy items you do not want as a condition of getting the items you do want (known as "tying")
- Embalming disclosure - the funeral home must tell you that embalming is not required by law in most cases
- Cash advance disclosure - items the funeral home buys on your behalf (flowers, obituaries, clergy honoraria) must be listed separately
- Right to choose cremation or burial without purchasing a casket for cremation
- Right to file complaints with DBPR
- Right to receive the GPL over the phone if you call and ask
Filing a Complaint
Contact the Florida DBPR at 850-487-1395 if a funeral home violates your rights. You can also file online through the DBPR website.
Pre-Need Funeral Contracts in Florida
Pre-need contracts let you arrange and pay for funeral services before death. Florida regulates these under Chapter 497, Part IV, Florida Statutes.
Trust Requirements
When you pay into a pre-need contract, the funeral home must deposit funds into a trust within 30 days. The trust requirements differ by category:
| Category | Minimum Trust Percentage |
|---|---|
| Services (professional fees, facility use) | 70% of the price |
| Cash advance items (cemetery fees, flowers, etc.) | 100% of the price |
| Merchandise (caskets, urns, vaults) | 30% of the price OR 110% of wholesale cost, whichever is greater |
Insurance-Funded Pre-Need
Some pre-need contracts are funded through life insurance policies assigned to the funeral home. These follow different rules - the insurance company holds the funds rather than a trust. Make sure you understand which type of contract you are signing.
Cancellation
Florida law allows cancellation of pre-need contracts. The refund amount depends on the contract type and how long it has been in force.
Transporting a Body in Florida
- A burial-transit permit is required for any transport
- Out-of-state transport requires coordination between the originating and receiving states
- Air transport must comply with airline and TSA regulations
- International repatriation requires additional documentation from the consulate of the destination country
Frequently Asked Questions
Can I have a home funeral in Florida?
Florida does not explicitly prohibit families from caring for their own dead at home. However, you still need a death certificate filed within 5 days and a burial-transit permit. Local zoning laws may prevent home burial on your property. A funeral director is not legally required for most arrangements, but one must sign the death certificate if no physician or medical examiner does.
Does Florida require a casket for burial?
No. Florida law does not require a casket for burial. Individual cemeteries may have their own policies requiring a casket or burial vault, but that is a private business rule, not a state law.
Can I pre-arrange my cremation to avoid the 48-hour wait?
No. The 48-hour waiting period under Section 872.03 applies in all cases, regardless of pre-arrangement. Even with advance written authorization, the crematory must wait 48 hours after death.
What happens if no one claims a body in Florida?
If remains are unclaimed after cremation, the crematory may dispose of them after 120 days under Section 497.607(3). For uncremated remains, local authorities and medical examiner offices have separate procedures.
Is aquamation more expensive than cremation?
Aquamation typically costs around $3,000 in Florida, which is more than direct cremation ($1,000-$3,000) but less than a traditional burial. See our Florida funeral cost guide for detailed comparisons.
What to Do Next
Funeral planning involves legal, financial, and personal decisions that overlap.
Related Florida guides:
- Florida Funeral Cost Guide - detailed pricing and how to save
- End-of-Life Planning Checklist for Florida Residents - complete planning framework
- How to Close Bank Accounts After Death in Florida - handling financial accounts
Kaira organizes every step for your state — deadlines, forms, and next actions — so nothing gets missed. See how it works.
Disclaimer: This article provides general information about Florida funeral and burial laws as of April 2026. It is not legal advice. Laws change, and individual circumstances vary. Consult a licensed Florida attorney or funeral professional for advice specific to your situation.
Sources: Florida Statutes Sections 497.005, 497.607, 872.03, 406.11, 406.50-406.59; FTC Funeral Rule 16 CFR Part 453; Florida DBPR funeral regulation guidelines.