Cremation laws in Florida

Who has the right to decide

• Priority order (F.S. 497.005(43)(a)): (1) the decedent, when the decedent left written directions signed while alive; (2) the person named on the decedent's Department of Defense Record of Emergency Data (DD Form 93), if the decedent died in military service; (3) the surviving spouse; (4) a son or daughter 18 or older; (5) a parent; (6) a brother or sister 18 or older; (7) a grandchild 18 or older; (8) a grandparent; (9) any person in the next degree of kinship.
• If no family member exists or is available, the legally authorized person may be the guardian, the personal representative, the attorney in fact or the health surrogate at the time of death, a public health officer, the medical examiner or county acting under Chapter 406, a nursing home or other health care institution in charge of disposition, or a friend or other person willing to take responsibility (497.005(43)(b)).
• Within a priority class (for example, several adult children), the funeral home may rely on any one of them who says they know of no objection from others in the same class or from anyone in a higher class (497.005(43)(b)).
• A person arrested for domestic violence against the deceased, or for any act that caused or contributed to the death, has no legally recognized interest (497.005(43)).
• At the arrangement, the legally authorized person must sign a declaration of intent saying what will happen to the ashes, and the cremation cannot be done until a legally authorized person gives written authorization (497.607(1)).
• Cremated remains are not property for estate division. Dividing the ashes needs the consent of the legally authorized person who approved the cremation, and a court settles disputes (497.607(2)).
• Any dispute about who has the right to authorize, or whether an authorization document is valid, is decided by a court (497.383(2)).
• Text read is the 2026 Florida Statutes on the Legislature's site.

Sources: F.S. 497.005(43)(a) (2026); F.S. 497.607(1) (2026); F.S. 497.383(2) (2026)

What must happen before a cremation

The Florida laws and rules we read set no minimum waiting period after death before cremation. What F.S. 497.607 actually says is that the cremation must be done within 48 hours after a time agreed in writing by the person who authorized it, so it is a deadline for the crematory, not a wait. Before cremation, the medical examiner must approve it, the death certificate must be filed (within 5 days of death) and a burial-transit permit obtained. A body held more than 24 hours must be refrigerated or embalmed.

Every Florida cremation needs the district medical examiner's approval, because F.S. 406.11 puts every body that is to be cremated under the medical examiner's review. Funeral homes request it through the state's Electronic Death Registration System, and the county sets the fee: for example $75 in Lee County and $35 in Sarasota and Manatee counties (DeSoto County charges none). A burial-transit permit from the local registrar is also required. Your funeral home or direct disposer normally handles both.

• F.S. 497.607(1): the cremation must be performed within 48 hours after a specified time agreed to in writing by the person authorizing it. We found no rule in F.S. Chapters 497, 406 or 382, or in rules 69K-21, 69K-22, 69K-31, 69K-33 or 11G-2, that bars cremation until a set number of hours after death. See the unverified list.
• The death certificate must be filed within 5 days after death and before final disposition (382.008(1)). For cremation, the cremation itself is the final disposition; scattering the ashes comes afterward (382.002(9)).
• The doctor or medical examiner must complete the cause of death within 72 hours after receiving the certificate from the funeral director (382.008(3)). If the certifier will not be available before the 5-day deadline, the local registrar may grant a 5-day extension.
• The funeral director who first takes custody must get a burial-transit permit before final disposition and within 5 days after death (382.006(1)).
• Every cremation needs the medical examiner's review first (406.11(1)(c); see approvals).
• A body held more than 24 hours after death must be refrigerated at 40 degrees Fahrenheit or below, or embalmed (497.386(2); see embalming and refrigeration).
• F.S. 406.11(1)(c): the district medical examiner must determine the cause of death when a body is to be cremated, dissected, or buried at sea.
• Lee County (District 21 Medical Examiner): funeral homes send cremation authorization requests electronically through the state Electronic Death Registration System (EDRS). The treating physician must give the funeral home the cause of death, and incomplete or improperly certified requests are rejected. The fee for cases not under the medical examiner's jurisdiction is $75.00 (Lee County Ordinance 15-07), invoiced to funeral homes monthly.
• Sarasota, Manatee and DeSoto counties (District 12 Medical Examiner): every death where the body is to be cremated must be investigated and an approval number given to the funeral home or crematory before cremation. The cremation fee is $35 for Sarasota and Manatee county deaths (county ordinances R-08-217 and 2008-083); DeSoto County has no cremation fee. No effective date was shown.
• Other counties set their own fees. See the unverified list.
• Burial-transit permit: issued by the Department of Health or the local registrar or subregistrar where the death occurred, and not until a complete certificate of death is filed unless the funeral director gives adequate assurance it will be (382.006(2)).
• The remains of a person whose identity is not known may not be cremated (406.50(4)).
• When there is information suggesting crime or violence, a licensee may not remove or embalm the body until the medical examiner or other official gives permission (497.387).
• Only one body may be placed in a cremation chamber at a time, unless a legally authorized person gives written permission for each body (497.606(9)(b)).
• Cremation in Florida is done at licensed cinerator facilities and arranged through a licensed funeral home that is also licensed as a cinerator facility, or through a licensed direct disposal establishment (Division FAQ).

Sources: F.S. 497.607(1) (2026); F.S. 382.008(1) (2026); F.S. 382.002(9) (2026); F.S. 382.006(1) (2026); F.S. 406.11(1)(c) (2026); District 21 Medical Examiner (Lee County), Cremation Authorizations; District 12 Medical Examiner, Funeral Homes; Cremation; F.S. 406.50(4) (2026); FL DFS Division of Funeral, Cemetery, and Consumer Services, Consumer FAQ

Embalming and refrigeration

Florida does not require embalming. A body held more than 24 hours after death must be kept refrigerated at 40 degrees Fahrenheit or below, or be embalmed. A funeral home needs permission from the legally authorized person before embalming.

• F.S. 497.386(2): no body may be held anywhere, or be in transit, more than 24 hours after death unless it is refrigerated at 40 degrees Fahrenheit or below or embalmed or otherwise preserved in an approved way. Breaking this rule is a third degree felony (497.386(8)).
• Board rule 69K-33.001(2)(a) (amended September 9, 2026): all remains held by a Chapter 497 licensee must be refrigerated at 40 degrees Fahrenheit or below starting 24 hours after death unless embalmed. Once refrigerated, unembalmed remains stay refrigerated except for final disposition, transport, identification, viewing or similar service.
• Handling remains with dignity and respect does not depend on whether the family has paid (rule 69K-33.001(2)(j)).
• Embalming without first getting written or oral permission from a legally authorized person is grounds for discipline. Washing and basic public health steps are allowed while waiting, and oral permission must be followed by written permission (497.152(8)(d)).
• If there is information suggesting crime or violence, the body may not be removed or embalmed without the medical examiner's permission (497.387).
• Crematories (cinerator facilities) must keep refrigeration that meets Department of Health standards if unembalmed bodies are kept on site (497.606(9)(j)).
• The federal Funeral Rule also applies (see federal section).

Sources: F.S. 497.386(2) (2026); Fla. Admin. Code R. 69K-33.001(2)(a); FL DFS Division of Funeral, Cemetery, and Consumer Services, Consumer FAQ; F.S. 497.152(8)(d) (2026)

Caskets and containers

Florida law says a funeral home cannot require you to buy a casket for cremation or claim that one is needed. The body goes into the cremation chamber in an alternative container, cremation container or casket that fully covers it, resists leaks, is rigid enough to handle and burns readily. The ashes can come back in a temporary container, and you do not have to buy an urn.

• F.S. 497.606(9)(g): remains may not be placed in a cremation chamber unless they are in an alternative container, cremation container or casket; nothing requires buying a casket for cremation.
• 497.606(9)(h): containers must have no unauthorized chlorinated plastics, be readily combustible, close to cover the remains completely, resist leakage or spillage, and be rigid enough to handle with ease.
• An alternative container is an unfinished wood box or other nonmetal enclosure without ornamentation or fixed lining, made of fiberboard, pressed wood, composition materials or similar (497.005(1)). Board rule 69K-22.004(5) adds cardboard.
• Requiring a casket for cremation, or saying one is required, is grounds for discipline (497.152(11)(e)).
• The body is cremated in the container or casket in which it arrived unless the legally authorized person gives written instructions otherwise, and personal effects may not be removed without written consent (rule 69K-22.004(4)).
• After cremation, the ashes are processed and placed in a heavy plastic bag inside a temporary container or urn. If they do not fit, a second container is fastened to the first and both are labeled (for example 1 of 2, 2 of 2) (rule 69K-22.007(4)).
• Shipped ashes go by registered mail, return receipt requested, or another lawful and traceable method, with the name of the deceased on the outside of the box (rule 69K-22.007(4)(e)).
• Urn: the Division's FAQ says you do not have to buy one.
• The federal Funeral Rule also guarantees the right to an alternative container (see federal section).

Sources: F.S. 497.606(9)(g) (2026); F.S. 497.152(11)(e) (2026); Fla. Admin. Code R. 69K-22.004(5); Fla. Admin. Code R. 69K-22.007(4)(a); FL DFS Division of Funeral, Cemetery, and Consumer Services, Consumer FAQ

Scattering or keeping the ashes

The Florida Department of Financial Services says ashes can be scattered on any Florida land but not in any Florida fresh water, and suggests checking with the Department of Environmental Protection, your landlord or condo association, and local zoning. Florida law treats the cremation itself, not the scattering, as the final disposition, and we found no separate state permit for scattering. If ashes are not claimed, the funeral home may dispose of them after 90 days.

Ashes may be placed in the ocean only at least 3 nautical miles from land. The person who does it must report it to the EPA within 30 days. Lakes and rivers are not covered by this federal rule; state rules apply there.

• Division FAQ: ashes can be spread on any Florida lands but not in Florida fresh water. It adds that spreading ashes on private property could possibly be treated as establishing a cemetery, so check deed restrictions and local rules.
• Cremation is the final disposition, and dispersing the ashes happens after it (F.S. 382.002(9)). The burial-transit permit covers the final disposition.
• Licensed cemeteries may have scattering gardens, an area set aside where ashes removed from their container are spread (497.005(73)).
• Unclaimed ashes: after 90 days from cremation, the funeral or direct disposal establishment may dispose of them, for example at sea, in a licensed cemetery scattering garden or pond, or in a church columbarium (497.607(3)(a), 2026 text). The 2025 statute said 120 days; the change came from ch. 2026-50. Board rule 69K-31.001, amended September 9, 2026, still says 120 days and also allows scattering where no prohibition exists, if the ashes are not distinguishable to the public.
• Before disposing of unclaimed ashes, the establishment must make a reasonable effort to find out whether the person was a veteran (or a spouse or dependent child of one) eligible for a national cemetery, and if so arrange interment there (497.607(3)(b), (c)).
• Dividing ashes among family members needs the consent of the legally authorized person who approved the cremation (497.607(2)).
• Scattering at sea: the Division's FAQ says the U.S. Coast Guard issues permits for burial at sea within the three mile limit. Burial at sea is governed by the federal EPA general permit (see the shared federal entry), so this FAQ line is listed as unverified.
• Ocean: see the shared federal EPA entry (3 nautical miles, report within 30 days).
• Federal general permit under the Marine Protection, Research and Sanctuaries Act (MPRSA).
• Cremated remains may go into ocean water of any depth, if at least three nautical miles from land.
• Report within 30 days using the EPA Burial at Sea Reporting Tool. No death certificate needs to be sent to the EPA.
• Only readily decomposable flowers and wreaths may be placed with the remains.
• Scattering in lakes, rivers and other inland waters is not regulated by the MPRSA. The EPA says to check with the state.

Sources: FL DFS Division of Funeral, Cemetery, and Consumer Services, Consumer FAQ; F.S. 497.607(3)(a) (2026); Fla. Admin. Code R. 69K-31.001(1)(f); F.S. 382.002(9) (2026); EPA, Burial at Sea

Prices you are entitled to see

Florida's own law adds price rules on top of the federal Funeral Rule. A funeral home must give you a printed price list before any discussion of choices, give accurate prices by phone, mark the price on every casket, show its cheapest adult casket the same way as the others, and give you a written agreement listing each item and price. It cannot require a casket for cremation, charge fees it did not disclose, or misstate what it paid for cash advance items such as death certificates.

The federal Funeral Rule lets you buy only what you want, get prices over the phone, and keep a written General Price List. Funeral homes that offer cremation must offer a simple alternative container instead of a casket.

• F.S. 497.152(12)(b): anyone who asks in person must get, before any discussion of selection, a printed list of the range of retail prices, showing at least the highest and lowest priced product and service regularly offered, and statements that you may choose only the items you want and will be charged only for those.
• 497.152(12)(c): accurate retail price information must be given by telephone on request.
• 497.152(12)(a) and (e): prices of alternatives such as direct disposition must be disclosed on request, and all services and merchandise and their prices must be disclosed before a casket is selected.
• 497.152(12)(f): the price of every casket offered must be clearly marked, including in catalogs and brochures.
• 497.152(11)(a): each buyer must get a written agreement listing the items and services bought with their prices, the licensee's contact details, both signatures and the date.
• 497.152(11)(e), (f) and (g): no requiring a casket for cremation, the least expensive adult casket must be displayed in the same way as others, and no fees or costs that were not disclosed.
• 497.152(10)(e): misrepresenting the amount advanced for cash advance items (for example crematory services, obituary notices and death certificates) is prohibited. The Division's FAQ says a funeral home must disclose if it collects a fee for providing cash advance items.
• Online price posting: no Florida requirement was found in Chapter 497 or the 69K rules read. See the unverified list.
• The federal Funeral Rule also applies in Florida (see federal section).
• General Price List: the funeral home must give you a GPL to keep when you ask in person.
• Buy only what you want: you do not have to accept a package.
• Phone prices: funeral homes must give prices by phone, and you do not have to give your name first.
• Alternative container: no state or local law requires a casket for cremation; a funeral home that offers cremation must offer alternative containers.
• You may provide a casket or urn bought elsewhere without a handling fee.
• Embalming is not required by any state law for every death.
• Online posting is not required by the federal rule; the FTC says some funeral homes post prices online voluntarily.
• The rule does not apply to third-party sellers or cemeteries without an on-site funeral home.
• Codified at 16 CFR Part 453.

Sources: F.S. 497.152(12)(b) (2026); FL DFS Division of Funeral, Cemetery, and Consumer Services, Consumer FAQ; FTC, The FTC Funeral Rule; FTC, Funeral Industry Practices Rule (16 CFR 453)

Help paying for a cremation

In Florida, indigent burial and cremation is handled by the city or county, and each sets its own rules. State law lets county commissions adopt policies for burying or cremating the unclaimed remains of indigent people (family income at or below 100% of the federal poverty guidelines). For deaths caused by a crime, the state's victim compensation program can pay up to $7,500 for funeral or burial costs, including cremation.

• The Division's FAQ says indigent burials or cremations are handled by the city or county where the burial is to take place, and qualifications vary. Contact your city or county government.
• An indigent person means one whose family income does not exceed 100% of the federal poverty guidelines (F.S. 406.49(5)). A county commission may adopt policies for the burial or cremation of the unclaimed remains of an indigent person who died, or was found, in the county (406.52(3)(a)).
• Unclaimed remains: whoever has them must make a reasonable effort to identify the person, contact relatives and check eligibility for a national veterans cemetery, and generally notify the state anatomical board. If the board does not accept the remains, the county may arrange burial or cremation (406.50).
• Example, Broward County: the Indigent Cremation Program of the Office of Medical Examiner and Trauma Services covers deaths in Broward County (residency not required) when the household income is at or below 100% of the federal poverty guidelines and the deceased had no life insurance and is not eligible for victim compensation. If the family takes the ashes, the fee is $150 ($100 cremation plus a $50 county administrative fee). There is no viewing, embalming or memorial service, certified death certificates are not provided, and cases can take 8 weeks or more. Phone (954) 357-5243, email indigentcremation@broward.org. The 2026 application packet shows the 2024 poverty guidelines.
• Crime victims: the Bureau of Victim Compensation pays funeral or burial expenses up to $7,500 (rule 2A-2.2003, Schedule of Benefits, effective January 9, 2022). Covered costs include the funeral, transporting the remains, burial, entombment, cremation, and a wake or memorial ceremony; food, drinks and travel generally are not. The applicant must be named on the funeral contract as the person who paid or is responsible for the bill (rule 2A-2.2002).
• Crime victim rules in statute: the crime must have been reported within 5 days (crimes on or after October 1, 2019) unless the delay is excused, awards are paid only after insurance and other sources, and all awards are capped at $25,000 in total (F.S. 960.13). A claim must be filed within 3 years (960.07(2)(b)).
• Federal help: Social Security's $255 lump-sum payment and VA burial benefits (see federal section).

Sources: FL DFS Division of Funeral, Cemetery, and Consumer Services, Consumer FAQ; F.S. 406.49(5) (2026); F.S. 406.52(3)(a) (2026); Broward County Medical Examiner and Trauma Services, Indigent Cremation Program application (2026); Fla. Admin. Code R. 2A-2.2003, Schedule of Benefits; Fla. Admin. Code R. 2A-2.2002; F.S. 960.07(2)(b) (2026)

Who licenses crematories, and how to complain

Florida funeral homes, crematories (cinerator facilities), direct disposers and most larger cemeteries are licensed by the Department of Financial Services, Division of Funeral, Cemetery, and Consumer Services, which works with the Board of Funeral, Cemetery, and Consumer Services. Complaints must be in writing on the Division's complaint form, sent by mail or fax. Call (850) 413-3039, or toll free in Florida (800) 323-2627.

• Address: Division of Funeral, Cemetery, and Consumer Services, 200 East Gaines Street, Tallahassee, FL 32399-0361. Phone (850) 413-3039; toll free in Florida (800) 323-2627. Florida Relay: 711.
• Complaints: download the complaint form from the Division's Consumer Help page and mail it to the address above, or fax it to the complaint staff at (850) 413-4958. Complaints cannot be made by phone.
• You get an acknowledgement letter with a case number and the investigator's contact details. Investigations are typically completed within 60 days. The licensee receives a copy of the complaint.
• You may complain anonymously, but you will not get updates. Complaint files stay confidential until the case is resolved, then become public records, and are kept for two years.
• The Division investigates alleged violations of Chapter 497 and rule chapter 69K, and also unlicensed activity. It inspects licensed establishments and facilities every year.
• Many cemeteries are exempt from licensing (for example county and municipal cemeteries and small religious cemeteries), and the Division has very limited authority over them.
• Prepaid funerals: if a preneed seller goes out of business or becomes insolvent, a claim may be filed with the Preneed Funeral Contract Consumer Protection Trust Fund (F.S. 497.456).
• Licenses must be displayed at each establishment; the Division also offers a Licensee Search tool.

Sources: FL DFS Division of Funeral, Cemetery, and Consumer Services, Consumer Help; FL DFS Division of Funeral, Cemetery, and Consumer Services, Consumer FAQ; FL DFS Division of Funeral, Cemetery, and Consumer Services, Contact Us; FL DFS Division of Funeral, Cemetery, and Consumer Services