Important Florida Burial, Cremation Laws that Could Affect Your Estate Plan

As you are planning your funeral wishes, including whether you want your body to be buried or cremated, it’s important to keep in mind that Florida state law could affect your options. The following are some key considerations:

• Casket necessity: There are no laws in Florida requiring you to be buried in a casket. However, each individual cemetery might have its own container requirements, which you should be prepared to follow. There are also no laws requiring caskets for cremation. Instead, federal law requires funeral homes and crematories to inform you that you can use alternative containers made from a variety of materials.
• Burial locations: No state laws in Florida prohibit burial on private property. According to information from the Division of Funeral, Cemetery & Consumer Services, the state allows families to establish their own cemeteries if they are less than two acres and do not offer burial spaces for sale. Be sure to check local zoning ordinances.
• Ash scattering: No state laws restrict where you can keep or scatter ashes. However, if you wish to scatter ashes on public land, you must check city and county regulations, and if you wish to scatter ashes on federal land, you will likely need permission. If you scatter ashes at sea, you must be at least three nautical miles away from land.
• Embalming: According to the Florida state statutes, if final disposition does not occur within 24 hours, the body must be either refrigerated or embalmed.
• Death certificates: Your death must be registered in state courts within five days of the death and before the body is to be cremated or buried.

For more information on specific burial and cremation rules and regulations, contact a knowledgeable Florida estate planning attorney with BaumannKangas Estate Law.