Do I Have to Embalm My Loved One in Florida?

Short answer: no. Florida law does not require embalming. It does require that a body held more than 24 hours after death, or pending final disposition, be either refrigerated at 40°F or below or embalmed (Fla. Stat. 497.386). The Florida Department of Financial Services’ consumer FAQ says the same: “Florida does not require embalming.”

When embalming is common

• Public viewing or open-casket visitation. Many funeral homes require embalming for a public viewing. This is a funeral home policy, not state law, and the funeral home must tell you so.
• Long delays before a service, or when a family wants a viewing several days after death.
• Transport by air or across state lines, where the carrier or the destination state may have requirements. Ask the funeral home.

When embalming is usually not needed

• Direct cremation
• Immediate (direct) burial
• A brief private family viewing shortly after death (ask whether the funeral home allows this without embalming)
• Green burial, where embalming is generally not permitted

What the FTC Funeral Rule says

Under the federal Funeral Rule, a funeral home may not charge for embalming without your permission, except in special cases such as when state law requires it. It must disclose on its General Price List that embalming is not required by law except in certain special cases, and if it requires embalming for a viewing, it must say so and offer alternatives such as direct cremation or immediate burial.

Questions to ask

• Do you require embalming for the type of viewing we want?
• Do you offer refrigeration instead, and is there a daily charge?
• Can we have a private family viewing without embalming?

Related: Florida funeral laws · The General Price List · Burial