Florida law regulates the handling, storage, transportation, cremation and disposition of human remains. For most families, a licensed funeral director takes care of the legal steps. This overview explains what those steps are, so you know what to expect.
Licensing
Funeral establishments, funeral directors, embalmers, crematories and cemeteries in Florida are licensed and regulated under Chapter 497, Florida Statutes, by the Department of Financial Services, Division of Funeral, Cemetery, and Consumer Services. You can check a license online through the division.
Who may make decisions
Florida law sets an order of priority for the legally authorized person who may direct the funeral and final disposition, usually starting with the deceased’s own written directions, then the surviving spouse, then adult children. See who can make funeral arrangements in Florida.
Death certificate
A death certificate must be filed with the state within a time limit set by law (section 382.008, Florida Statutes) and before final disposition. The funeral director normally files it; the physician or medical examiner certifies the cause of death. See Florida death certificates.
Medical examiner
Certain deaths must be reported to the district medical examiner, for example deaths from accident or violence, or sudden deaths of people in apparent good health. In Florida the medical examiner must also approve every cremation. See unexpected death in Florida.
Cremation
- Written authorization by the legally authorized person
- Medical examiner approval
- A waiting period of generally at least 48 hours after death
See what information is needed for cremation.
Embalming
Embalming is generally not required by Florida law. Remains that are not buried or cremated promptly must be refrigerated or embalmed, and embalming may be required for some transport or for certain services. See do I have to embalm my loved one?
Burial
Cemeteries set their own rules, for example requiring an outer burial container. Burial outside an established cemetery raises zoning, deed and health questions; speak with the county and an attorney before considering it.
Scattering cremated remains
Florida law allows scattering in several settings with conditions, and federal rules apply at sea. See scattering ashes in Florida.
Consumer protections
The federal FTC Funeral Rule requires itemized pricing and lets you choose only what you want. Florida also regulates pre-need contracts to protect money paid in advance. See your rights when planning a funeral.
Official sources
- Chapter 497, Florida Statutes (Funeral, Cemetery, and Consumer Services)
- Chapter 382, Florida Statutes (Vital Statistics)
- Chapter 406, Florida Statutes (Medical Examiners)
This article is general information about Florida funeral practices, not legal advice. Florida law regulates the handling, transportation, cremation and disposition of human remains, and requirements can depend on the circumstances. For advice about a specific situation, speak with a licensed Florida funeral director or an attorney. Editorial policy.