Scattering Ashes in Florida: Rules and Options

Scattering is a meaningful choice for many Space Coast families, especially those with ties to the ocean or the Indian River Lagoon. Florida is relatively permissive, but a few rules apply.

Can ashes be scattered in Florida?

Yes. The Florida Department of Financial Services advises that ashes can be spread on any Florida land, but not in any Florida fresh water. It also recommends checking with your landlord or condominium association if applicable, and checking local zoning laws and deed restrictions.

At sea

Federal rules from the U.S. Environmental Protection Agency govern burial at sea. Cremated remains may be scattered or placed in ocean waters of any depth at least three nautical miles from land. Any container used must not contain plastic and must not float or become marine debris. The person who conducts the burial must report it to the EPA within 30 days, which can be done online through the EPA’s Burial at Sea Reporting Tool. Some local charter captains offer scattering trips and handle the report.

On private land

Scattering on your own property is generally allowed. On someone else’s property, get the owner’s permission. Remember that if the property is sold later, you may lose access to the site.

Parks, beaches and public land

Rules vary by agency. National parks and national wildlife refuges often require a permit or written permission, and state parks, county parks and city beaches may have their own policies. Ask the managing agency before scattering, and be considerate of other visitors.

The Indian River Lagoon and inland waters

The state’s guidance says ashes should not be scattered in Florida fresh water. The Indian River Lagoon is an estuary, not fresh water, but ocean scattering under the EPA rules is the clearly permitted option. If you are unsure about a specific location, ask the Division of Funeral, Cemetery, and Consumer Services.

Cemetery scattering gardens

Some cemeteries have designated scattering gardens, sometimes with a memorial wall for names. This gives family a permanent place to visit.

Practical tips

• Scatter downwind and close to the ground or water.
• Consider a biodegradable scattering container or tube.
• You do not have to scatter all the remains; many families keep a portion in a keepsake urn.
• Plan a few words, a reading or music. A scattering can be the family’s memorial service.