Rules About Scattering Ashes in Florida

As part of your estate plan, you may choose to leave instructions as to how and where you wish your ashes to be scattered. In Florida, unlike some other states, there are not any state laws that restrict where you can scatter or keep ashes. Of course, you should still make sure you use common sense when scattering ashes, and do not trespass on to private property to do so.

Here are some issues to consider when leaving behind wishes about scattering of your ashes:

• Private land: You can scatter ashes on your own private property, but if you wish to scatter on someone else’s property you will need their permission to do so.
• Public land: It is advisable to check city and county regulations, including potential zoning issues, before you scatter ashes on public land, such as a park. But you generally will not run into many issues with being allowed to proceed.
• Federal land: You will likely not experience any resistance when scattering ashes on federal land, so long as you do so quietly and away from trails, roads, waterways and facilities. Some National Parks websites will have information about guidelines for scattering ashes. Technically, though, you should request permission before you go ahead with scattering ashes on federal land.
• At sea: Some people wish to have their ashes scattered at sea. This is legal, so long as the scattering is performed at least three nautical miles away from the land. If the container chosen will not easily decompose, it may need to be disposed of separately. You are not allowed to scatter ashes at beaches or wading pools, and the EPA must receive 30 days of notice before you scatter ashes at sea.

For more information about scattering ashes in Florida, contact an experienced Tampa estate planning attorney at BaumannKangas Estate Law.