Families are often told something is “required” when it is really a funeral home or cemetery policy. Here is what Florida and federal law actually require, and what is a choice.
What the law requires
| Requirement | Details | Source |
|---|---|---|
| Death certificate | Filed electronically by the funeral director who first takes custody, within 5 days after death and before final disposition. The physician or medical examiner certifies the cause of death within 72 hours of receiving it. | Fla. Stat. 382.008 |
| Burial-transit permit | Obtained by the funeral director within 5 days after death and before final disposition, and delivered to the cemetery or crematory. It travels with the body if it leaves Florida. | Fla. Stat. 382.006 |
| Refrigeration or embalming | A body held more than 24 hours after death or pending final disposition must be refrigerated at 40°F or below or embalmed. | Fla. Stat. 497.386 |
| Medical examiner | Investigates sudden, accidental, violent, unattended and other listed deaths, and must review any death before cremation or burial at sea. | Fla. Stat. 406.11 |
| Authority to make arrangements | Follows a priority list starting with the person’s own written directions, then the spouse, adult children, parents and so on. | Fla. Stat. 497.005 |
| Cremation | 48-hour wait, written authorization, declaration of intent. | Fla. Stat. 872.03, 497.607 |
What the law does not require
- Embalming is not required by Florida law when refrigeration is used. More on embalming.
- A casket for cremation. An alternative container is enough.
- Buying a casket or urn from the funeral home. You can buy one elsewhere. Buying your own casket.
- A vault or grave liner is not required by state law, though many cemeteries require one.
- A funeral service. Direct cremation and immediate burial are legal options.
Your federal pricing rights
The FTC Funeral Rule requires funeral homes to give price information over the phone, provide a written General Price List, let you choose only the items you want, accept merchandise bought elsewhere, and give you an itemized statement. If a funeral home says something is legally required, it must identify the specific law in writing. The GPL explained.
Where to complain
Florida funeral homes, cemeteries and crematories are licensed by the Department of Financial Services. Written complaints go to the Division of Funeral, Cemetery, and Consumer Services, which says investigations are typically completed within 60 days.
This is a general summary of Florida and federal law, not legal advice. Laws change; check the linked sources or speak with a Florida attorney about a specific situation.
Sources
- Florida Statutes 382.008, 382.006, 497.386, 406.11, 497.005, 872.03, 497.607
- Federal Trade Commission, The FTC Funeral Rule
- Florida Department of Financial Services, Consumer FAQ
This page is general information, not legal advice. Laws and fees change; confirm details with the agency or a licensed professional. Editorial standards