What Are the Burial and Cremation Laws in Florida?
See who controls final arrangements, cremation and burial rules, and permit requirements in Florida.
Frequently Asked Questions
Florida allows burial on private property. No specific state statute prohibits home burial on private property. Must comply with local county and municipal zoning ordinances and setback requirements. A burial-transit permit is still required per F.S. § 382.006. Some counties may have additional health department regulations.
Florida has a 48-hour minimum waiting period before cremation. A medical examiner or coroner must authorize the cremation before it proceeds. Cremation must be authorized by Written authorization from a legally authorized person per F.S. § 497.005(43); must include a signed declaration of intent regarding disposition of cremated remains (F.S. § 497.607).
No. Natural organic reduction (human composting) is not currently authorized in Florida.
No. Alkaline hydrolysis (water cremation) is not currently authorized in Florida.
Florida sets a statutory order for who controls the disposition of remains (F.S. § 497.005(43)): Decedent, via written inter vivos authorizations and directions, then Person designated on DD Form 93 (military service members), then Surviving spouse, and so on. You can also name your own agent to control your remains in a signed, written document before death. You can record those wishes alongside the rest of your estate plan when you create a revocable living trust.
No. Florida does not require embalming by law. No Florida statute or regulation mandates embalming. F.S. § 497.152(8)(d) prohibits embalming human remains without first obtaining written or oral permission from a legally authorized person. Refrigeration is an alternative to embalming for preservation. The FTC Funeral Rule also prohibits claiming embalming is required by law.
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Florida Estate Planning Resources
In-depth guides covering Florida probate laws, trust requirements, and estate planning strategies.
