Burial & Cremation Laws in Florida

• How do I get a death certificate in Florida?
• Who can order a death certificate in Florida?
• Is embalming required in Florida?
• In Florida, is a casket necessary for burial or cremation?
• In Florida, do I have to buy a casket from the funeral home?
• Is alkaline hydrolysis available in Florida?
• Where can bodies be buried in Florida?
• Where can we store or scatter ashes after cremation in Florida?
• Learn more.

How do I get a death certificate in Florida?

In Florida, a death must be registered with the local or state vital records office within five days and before the body is buried or cremated. (Florida Code § 382.008.) Typically, the funeral home, mortuary, cremation organization, or other person in charge of the deceased person’s remains will prepare and file the death certificate.

The deceased person's primary or attending physician or the medical examiner completes the medical certification of the death certificate within 72 hours of receiving the death certificate from the funeral director. This person lists the cause of death on the certificate.

An extension beyond the 72 hours can be granted for special circumstances, such as an autopsy is pending, toxicology reports are necessary, further investigations into the deceased person's identity are necessary, or the primary physician is not available within the 72-hour window.

You may need to obtain copies of a death certificate for a number of reasons. You might simply want a copy for your personal records or, if you are in charge of wrapping up the deceased person’s affairs, you may require multiple, official copies to carry out your job. You will need to submit a certified copy of the death certificate each time you claim property or benefits that belonged to the deceased person, including life insurance proceeds, Social Security benefits, payable on death accounts, veterans benefits, and many others.

The easiest way to get copies of a death certificate is to ask the person or organization that files the certificate to order them for you at the time of the death. If you are the executor of the estate, you should ask for at least ten certified copies.

If you need to order copies of a death certificate after the time of death has passed, visit the website of the Florida Department of Health. From the DOH website, you can download a mail-in order form or order death certificates online.

If you would like the cause of death to be included on the certificate, you must provide a copy of a valid photo ID at the time of your order. The first certified copy of a Florida death certificate costs $5. Additional copies cost $4 each.

Who can order a death certificate in Florida?

In Florida, anyone may order a death certificate that does not include the cause of death. Unless the death occurred more than 50 years ago, only the following people may order a death certificate showing the cause of death:

• the deceased person’s spouse
• the deceased person’s parent, adult child, adult grandchild, or adult sibling
• a legal representative of one of the deceased person or of any person named above, or
• any person who provides a document, such as a will or court order, that demonstrates an interest in the deceased person’s estate.

(Florida Statutes § 382.025.)

Is embalming required in Florida?

Embalming is a process in which blood is drained from the body and replaced with fluids that delay disintegration. Though it is still a common procedure, embalming is rarely necessary; refrigeration serves the same purpose.

In Florida, if final disposition will not occur within 24 hours, a body must be embalmed or refrigerated. (Florida Statutes § 497.386)

In Florida, is a casket necessary for burial or cremation?

A casket is often the single greatest expense incurred after a death. The cost of a casket can range from a simple $500 box to $20,000 or more for an elaborate design. Some people prefer to forgo a casket altogether.

Burial. No law requires a casket for burial. However, you should check with the cemetery; it may have rules requiring a certain type of container.

Cremation. No law requires a casket for cremation. On the contrary, federal law requires a funeral home or crematory to inform you that you may use an alternative container, and to make such containers available to you. An alternative container may be made of unfinished wood, pressed wood, fiberboard, or cardboard.

In Florida, do I have to buy a casket from the funeral home?

No. Federal law requires funeral homes to accept caskets that consumers have purchased from another source, such as an online retailer. You may also build your own casket, if you prefer.

Is alkaline hydrolysis available in Florida?

Alkaline hydrolysis is a chemical process that reduces a body to components of liquid and bone. It is considered a greener alternative to cremation because it uses less energy than cremation and does not release matter into the atmosphere.

The state of Florida authorized alkaline hydrolysis by slowly expanding its definition of "cremation" to include methods other than incineration. The current legal definition of cremation in Florida is:

Any mechanical or thermal process whereby a dead human body is reduced to ashes and bone fragments. Cremation also includes any other mechanical or thermal process whereby human remains are pulverized, burned, recremated, or otherwise further reduced in size or quantity.

(Florida Statutes § 497.005.)

Alkaline hydrolysis had some of its first roots in Florida. It was one of the first states to legalize this practice. The Mayo Clinic and the University of Florida used this process for years to dispose of human cadavers. The University of Florida was the first establishment in the United States to install a system for this purpose. In 2011, the Anderson-McQueen Funeral Home in St. Petersberg, Florida became the first organization in the U.S. to offer alkaline hydrolysis -- they call it "flameless cremation" -- to funeral consumers. Eden Funeral Services also discusses alkaline hydrolysis under its services tab on its website.

Where can bodies be buried in Florida?

Most bodies are buried in established cemeteries, but there are no state laws in Florida that prohibit burial on private property. According to the Florida Division of Funeral, Cemetery & Consumer Services, Florida allows families to establish cemeteries if they are less than two acres and burial spaces or burial rights are not offered for sale. Before burying a body on private land or establishing a family cemetery, you should check county and city zoning ordinances.

Where can we store or scatter ashes after cremation in Florida?

In Florida, there are no state laws that restrict where you may keep or scatter ashes. Cremation ashes may be stored in a crypt, niche, grave, or container at home. If you wish to scatter ashes, you have many options. Cremation renders ashes harmless, so there is no public health risk involved in scattering ashes. Use common sense and refrain from scattering ashes in places where they would be obvious to others.

If a body is cremated and the ashes are not claimed within 120 days of cremation, the company in charge of the ashes can dispose of the ashes by any way permitted by law, including those methods discussed below. (Florida Statutes § 497.607)

Scattering ashes in an established scattering garden. Many cemeteries provide gardens for scattering ashes. If you’re interested, ask the cemetery for more information.

Scattering ashes on private land. You are allowed to scatter ashes on your own private property. If you want to scatter ashes on someone else’s private land, it’s wise to get permission from the landowner.

Scattering ashes on public land. You may wish to check both city and county regulations and zoning rules before scattering ashes on local public land, such as in a city park. However, many people simply proceed as they wish, letting their best judgment be their guide.

Scattering ashes on federal land. Officially, you should request permission before scattering ashes on federal land. As with local or state land, however, you will probably encounter no resistance if you conduct the scattering ceremony quietly and keep the ashes well away from trails, roads, facilities, and waterways. You can find guidelines for scattering ashes on the websites for some national parks. For more information, begin your search at the website of the National Park Service.

Scattering ashes at sea. The federal Clean Water Act requires that cremated remains be scattered at least three nautical miles from land. If the container will not easily decompose, you must dispose of it separately. The EPA does not permit scattering at beaches or in wading pools by the sea. Finally, you must notify the EPA within 30 days of scattering ashes at sea.

The Clean Water Act also governs scattering in inland waters such as rivers or lakes. For inland water burial, you may be legally required to obtain a permit from the state agency that manages the waterway.

For more information, including the contact information for the EPA representative in Florida, see Burial of Human Remains at Sea on the EPA website.

Scattering ashes by air. While there are no state laws on the matter, federal aviation laws do prohibit dropping any objects that might cause harm to people or property. The U.S. government does not consider cremains to be hazardous material; all should be well so long as you remove the ashes from their container before scattering.

Learn more

To learn about the federal Funeral Rule, which protects consumers in all states, visit the website of the Federal Trade Commission.

For more information about funeral laws in Florida, see Making Funeral Arrangements in Florida.

To find out more about funerals and other final arrangements, see the Getting Your Affairs in Order section of Nolo.com.

Get It Together, by Melanie Cullen (Nolo) helps you gather and organize the essential details of your life for yourself and your family.