Florida Cremation Laws You Should Know: Paperwork + Tips

Planning cremation in Florida requires understanding state laws and regulations. Florida has specific rules about waiting periods, authorization, and what happens after cremation.

This guide covers everything you need to know about Florida cremation laws. You'll learn about death certificates, required waiting periods, who can authorize cremation, and where you can scatter or store remains.

Whether you're planning ahead or handling immediate arrangements, knowing these laws helps you make informed decisions.

Are you considering prepaid cremation and need to talk to someone? The team at After is here to guide you through your options with transparency, care, and zero pressure. You can call us 24/7 at 1-844-760-0427 or explore plans online.

‍

{{cta_blue}}

‍

Florida Cremation Laws: Key Requirements

Florida cremation laws protect families and ensure proper handling of remains. The state requires specific steps before cremation can happen.

Florida's main cremation requirements include:

• 48-hour waiting period after death
• Written authorization from a legally authorized person
• Medical examiner approval in certain cases
• Death certificate filed within five days
• Refrigeration or embalming when delays prevent cremation beyond 24 hours

These laws give families time to make decisions and ensure all legal requirements are met. Understanding these rules helps you plan properly.

Death Certificate Requirements in Florida

Florida requires a death certificate before cremation can occur. You must register the certificate with local or state vital records within five days of death.

The funeral home, cremation provider, or person handling the remains typically prepares and files the death certificate. This happens before the cremation takes place.

A physician or medical examiner completes the medical portion within 72 hours. This section lists the cause of death. Extensions can be granted for autopsies, toxicology reports, or identity investigations.

How to Get Death Certificates in Florida

You'll need multiple certified copies of the death certificate. You use these to claim life insurance, Social Security benefits, bank accounts, and veterans' benefits.

The easiest way to get copies is through the funeral home or cremation provider. Ask for at least 10 certified copies if you're handling the estate.

You can also order copies later through the Florida Department of Health. Options include online ordering, mail-in forms, or in-person visits.

Death certificate costs in Florida:

• Florida Bureau of Vital Statistics (state office): The first certified copy is $6 if you request them to send it to you with standard mail service.
  
  
• Rush/expedite service: If available, counties often charge an additional expedite/rush fee.
  

Who Can Order Death Certificates in Florida

Anyone can order a basic death certificate that doesn't show the cause of death. The first five digits of the Social Security number are removed on these copies.

Only certain people can order complete death certificates showing cause of death and full Social Security number. This applies unless the death occurred more than 50 years ago.

You can order a complete death certificate if you are:

• The spouse
• A parent, adult child, adult grandchild, or adult sibling
• A legal representative of the deceased or a family member
• Anyone with a document showing interest in the estate (like a will or court order)

At After, we provide death certificates as part of the cremation process. Tell our care specialists how many copies you need.

The 48-Hour Waiting Period Before Cremation

Florida law requires a 48-hour waiting period before cremation can begin. This countdown starts from the time of death, not when you file paperwork.

The waiting period gives families time to change their minds if needed. It also allows time for medical examiners to review the death and determine if they need any further investigations.

This law appears in Florida statute § 872.03. All cremation providers in Florida must follow this requirement.

Written Authorization Required for Cremation in Florida

Florida requires written consent from a legally authorized person before cremation. Verbal permission doesn't count under Florida law.

The authorization must be in writing and signed by someone with legal authority. This protects against unauthorized cremation.

Who Can Authorize Cremation in Florida

Florida statute § 497.005 lists who has legal authority to authorize cremation. The list follows a specific order of priority.

Authorization priority order:

1. The deceased (if they specified cremation in written plans before death)
2. Surviving spouse
3. Adult children
4. Parents
5. Siblings
6. Other next of kin

If no family members are available, a personal representative or legal guardian can provide authorization.

The person with the highest priority must give written consent. If that person isn't available or declines, authority moves to the next person on the list.

Medical Examiner Approval for Cremation

Florida law requires medical examiner approval before cremation in certain cases. This applies when death involves suspicious circumstances.

Medical examiner review is required for deaths involving:

• Accidents
• Violence or trauma
• Suicide
• Death during incarceration
• Unclear or suspicious circumstances

The medical examiner determines if an autopsy is needed. They review the death certificate information and can request additional investigation.

If the examiner suspects foul play, they may deny permission for cremation. Bodies can be exhumed for evidence after burial, but not following a cremation. This is why the review happens before cremation.

Even in natural deaths, a coroner may order an autopsy if the death certificate information raises questions.

Embalming Requirements in Florida

Florida doesn't require embalming for cremation. This is important because embalming adds much higher costs.

However, if final disposition doesn't happen within 24 hours, then embalming or refrigeration is necessary. Most cremation providers use refrigeration instead of embalming.

Direct cremation through After typically happens within a few days. Refrigeration is part of all packages, so embalming isn't mandatory.

Casket Requirements for Cremation in Florida

Florida doesn't require a casket for cremation. This saves families significant money.

Federal law requires funeral homes and cremation providers to offer alternative containers. These containers may be made of cardboard, fiberboard, pressed wood, or unfinished wood.

Alternative containers cost much less than caskets. The average casket costs $2,000 or more. Alternative containers typically cost much less.

You also have the right to purchase a casket from any source, including online retailers. Funeral homes must accept caskets you buy elsewhere. You can even build your own casket if you prefer.

Florida Burial Laws and Private Property Burial

Florida allows burial on private property. The state doesn't have laws prohibiting home burial.

You can establish a family cemetery on property of less than two acres. You cannot sell burial spaces or burial rights. The cemetery is only for your family.

Before Burying on Private Property

Check local county and city zoning ordinances before planning a private burial. Some areas don't permit home burials. Others require permits or the presence of a licensed funeral director.

Consider how a private burial affects future property sales. Some buyers may not want to purchase property that contains a cemetery.

Most families choose established cemeteries for burial. This avoids complications with property transfers and ensures perpetual care.

Laws on Scattering or Storing Remains in Florida

Florida has no state laws restricting where you keep or scatter cremated remains. This gives families flexibility in honoring their loved ones.

You can store remains in many places. Options include a crypt, niche, grave, or container at home. Many families keep remains in an urn at home.

If no one claims the cremated remains within 120 days of cremation, the cremation provider can dispose of them by any legal method. Contact your provider if you need more time to pick up remains.

Scattering Remains on Private Property

You can scatter remains on your own private property. If you want to scatter on someone else's private land, get permission from the landowner first.

Scattering Remains on Public Land

Check city and county regulations before scattering on local public land like parks. Many people use common sense and scatter discreetly away from public areas.

Scattering Remains on Federal Land

You should request permission before scattering on federal land. However, if you conduct the scattering quietly away from trails, roads, and facilities, you likely won't encounter problems.

Some national parks provide guidelines for scattering on their websites. Start your search at the National Park Service website.

Scattering Remains at Sea

Federal rules for scattering remains at sea come from the Marine Protection, Research and Sanctuaries Act (MPRSA). Under EPA’s general permit, cremated remains are only permissible for release from at least 3 nautical miles from land.

You cannot scatter at beaches or in wading pools by the sea. You must notify the EPA within 30 days of scattering at sea. For inland water burial in rivers or lakes, you may need a permit from the state agency managing the waterway.

Scattering Remains by Air

Federal aviation laws prohibit dropping objects that might cause harm to people or property. The U.S. government doesn't consider cremated remains hazardous.

Remove remains from their container before scattering by air. This ensures you comply with federal regulations.

Scattering Gardens at Cemeteries

Many Florida cemeteries provide gardens specifically for scattering. Ask the cemetery for information about their scattering garden options and costs.

If you’re still deciding between different types of cremations, Florida also allows an alternative to flame-based cremation that some families consider for environmental or personal reasons.

Water Cremation (Aquamation) in Florida

Water cremation, also called aquamation or alkaline hydrolysis, is legal in Florida. This process uses water and alkali instead of fire to reduce the body.

Florida was one of the first states, along with Ohio, to legalize water cremation. The state expanded its definition of "cremation" to include methods other than fire-based cremation.

The Mayo Clinic and University of Florida used this process for years. In 2011, Anderson-McQueen Funeral Home in St. Petersburg became the first U.S. funeral home to offer water cremation to families.

Water cremation is considered more environmentally friendly than traditional cremation. It uses less energy and doesn't release matter into the atmosphere.

Water cremation typically costs about $1,000 more than traditional cremation. Not all providers offer this option yet.

Planning Ahead: Prepaid Cremation in Florida

Many Florida residents plan cremation in advance. This is especially common among retirees and snowbirds who want arrangements in place.

Prepaid cremation lets you choose your provider, lock in current prices, and reduce stress for your family. You make all decisions yourself instead of leaving them to family members during grief.

Plans can be personalized to your preferences. You can choose simple cremation or add memorial elements.

After offers prepaid cremation arrangements with transparent pricing and flexible options. Planning ahead gives you peace of mind that everything is handled.

Your Consumer Rights Under Federal Law

The FTC's Funeral Rule protects consumers in all states, including Florida. This federal law gives you important rights when arranging cremation.

Your rights under the Funeral Rule include:

• The right to see itemized price lists before discussing arrangements
• The right to buy only the goods and services you want
• The right to use a casket or urn purchased from any source
• Protection against misrepresentation of legal requirements
• The right to a written statement of goods and services selected

Funeral homes and cremation providers must give you a General Price List showing all prices. You cannot be required to buy packages you don't want.

After provides transparent pricing online. You see exactly what each package includes before making decisions. No hidden fees. No required purchases that you don't need.

How After Helps You Navigate Florida Cremation Laws

Planning cremation involves understanding Florida cremation laws and making many decisions during a difficult time. After simplifies this process with transparent pricing and compassionate guidance.

Our care specialists understand Florida's legal requirements. We handle all paperwork, including death certificates and cremation authorization. We work with medical examiners when needed and ensure the 48-hour waiting period is properly observed.

After’s pricing varies by location. You can check your exact price online in minutes, and every plan is built to meet Florida’s legal requirements (including authorization, required waiting periods, and coordination with the medical examiner when needed).

We use appropriate containers that meet Florida requirements. We guide families through authorization and help obtain the death certificates you need.

For those planning ahead, After offers prepaid cremation options that lock in today's prices. This protects against future cost increases and ensures your wishes are honored exactly as planned.

Do you have questions about prepaid cremation and need to talk to someone? The team at After is here to guide you through your options with transparency, care, and zero pressure. You can call us 24/7 at 1-844-760-0427 or explore plans online.

‍

{{cta_blue}}

‍

Frequently Asked Questions

What Are the Main Florida Cremation Laws?

The main Florida cremation laws require a 48-hour waiting period after death, written authorization from a legally authorized person, and medical examiner approval in certain cases.

Death certificates must be filed within five days. 

Laws require refrigeration of the decedent or embalming if cremation doesn't happen within 24 hours.

How Long Do You Have to Wait Before Cremation in Florida?

You have to wait at least 48 hours from the time of death before cremation in Florida. This waiting period gives families time to make decisions and allows medical examiners to review the death if needed.

Who Can Authorize Cremation in Florida?

The deceased can authorize their own cremation in written plans according to Florida law. If no written plans exist, authorization follows this order: surviving spouse, adult children, parents, siblings, and other next of kin. Written authorization is required under Florida law.

Do You Need a Casket for Cremation in Florida?

No, you don’t need a casket for cremation in Florida. Cremation providers must offer alternative containers made of cardboard, fiberboard, or unfinished wood. These containers cost much less than caskets.

Is Embalming Required for Cremation in Florida?

Embalming isn't a requirement for cremation in Florida. However, if final disposition doesn't happen within 24 hours, the body must be embalmed or refrigerated. Most cremation providers use refrigeration.

Where Can You Scatter Remains in Florida?

Florida has no state restrictions on where you can scatter remains. You can scatter on private property with permission, on public land following local rules, on federal land with discretion, or at sea at least three nautical miles from shore. Many cemeteries also offer scattering gardens.

Can You Bury Someone on Your Property in Florida?

Yes, Florida allows you to bury someone on your property. You can establish a family cemetery under two acres as long as you don't sell burial spaces. Check local county and city zoning ordinances before planning a private burial.

How Long Do You Have to Pick Up Remains in Florida?

Families have 120 days to pick up cremated remains in Florida. After 120 days, providers can legally dispose of unclaimed remains. Contact your provider if you need more time.