Florida Cremation Laws: Everything You Need to Know (2023)

There are pages of statutes and regulations concerning Florida cremation laws. Please allow us to distill them, so you can learn the information that is important to you – as the family member of the deceased. We know you have many questions, including “do I need to buy a casket for my loved one’s cremation?” and “what can I do with my loved one’s cremated remains?” 

Here’s what Florida law says regarding cremation if you wish to learn more. 

Authorization for Cremation

A death certificate is required to perform the cremation process.

In addition, the legally authorized person must give written authorization for the cremation. In addition to the approval, this person must also designate their intentions regarding the final resting place of the deceased’s cremated remains. 

Here is the list of people who can authorize the final disposition of a dead human body:

1. A decedent who pre-planned burial or cremation services
2. The person designated on the US Department of Defense Record of Emergency Data, DD Form 93
3. Surviving spouse
4. Child 
5. Parent
6. Sibling
7. Grandchild
8. Grandparent

Purchase of Casket for Cremation

No Florida law requires a traditional casket for cremation. Instead, federal law requires a funeral home or crematory to inform the family that they may use an alternative container, such as one made from heavy-duty cardboard or pressed wood. 

Scattering Laws

Cremated remains may look like ashes. However, it’s important to remember that they are bone fragments and, thus, human remains. Although most sources say cremated remains are sterile, care should be taken when handling them.

With that said, there are no state laws in Florida that restrict where you may keep or scatter ashes. Most sources encourage using common sense when scattering and refraining from completing the process where it would be evident to others. 

Here are a few considerations if you plan to scatter ashes.

Scattering garden

You may pay to scatter the cremated remains in a licensed cemetery scattering garden. 

Private land

You’re allowed to scatter ashes on your private property. However, if the family wants to scatter ashes on someone else’s land, it’s wise to get permission from the landowner.

Public land

Check county and city zoning ordinances before scattering cremated remains on local public land. 

Federal land

There are several National Parks in Florida. Each one has its own regulations regarding scattering ashes, although most allow it if you complete the process from the view of other visitors.

Scattering ashes at sea

Florida has miles of coastline. The Federal Clean Water Act requires that cremation ashes be scattered at least three nautical miles from land. Families must also notify the EPA within 30 days of scattering ashes in the ocean. 

Do not scatter your loved one’s ashes on the beach or in a Florida river or lake without permission. You may be legally required to obtain a permit from the appropriate Florida agency for inland water burial.

Laws Regarding the Death Certificate

Typically your funeral director will prepare and file the Florida death certificate. This process must be done within five days of the death.

By Florida law, anyone may order a death certificate that does not list the cause of death. However, only the next of kin or legal personal representative may request a death certificate that contains the cause of death. 

For Low-Cost Cremation Services in Florida, Contact Smart Cremation

For simple, direct cremation services in Florida, contact Smart Cremation. Smart Cremation offers prepaid or at-need direct cremation services, which allow you to save up to 75% on funeral fees. Plus, our caring, compassionate staff will fill out the required forms for death certificates and help you follow all Florida cremation laws. 

Key Takeaways About Florida Cremation Laws 

• Authorization and a death certificate are required before the cremation process can occur. The person authorizing the final disposition must also record their plans for the decedent’s cremated remains.

• You are not required to purchase a traditional casket for cremation in Florida.

• There are few state-level laws regarding scattering ashes in Florida. However, you must follow local and federal laws when scattering cremated remains.

• A death certificate must be filed within five days of the death.