Florida has specific legal steps that must happen before a cremation. Funeral homes handle them, but knowing the rules helps families understand the timeline and who needs to sign what.
At a glance
| Requirement | What it means | Source |
|---|---|---|
| 48-hour wait | No cremation until 48 hours after death | Fla. Stat. 872.03 |
| Medical examiner review | The district medical examiner must determine the cause of death when a body is to be cremated | Fla. Stat. 406.11 |
| Written authorization | A legally authorized person must authorize the cremation in writing | Fla. Stat. 497.607 |
| Declaration of intent | The person arranging cremation states in writing what will happen to the cremated remains | Fla. Stat. 497.607 |
| Death certificate | Filed within 5 days of death and before final disposition | Fla. Stat. 382.008 |
| Refrigeration or embalming | Required if the body is held more than 24 hours | Fla. Stat. 497.386 |
Who can authorize cremation?
Florida defines the “legally authorized person” in a priority order (Fla. Stat. 497.005): the person who died, if they left written authorization; for someone who died in military service, the person named on their DD Form 93; the surviving spouse; adult children; parents; adult siblings; adult grandchildren; grandparents; then the next degree of kinship. When several people share the same level, such as three adult children, the funeral home may rely on any one of them who states they know of no objection from others in that class or a higher one. Disputes may need to be resolved by a court. More on authority.
Medical examiner approval
Because cremation is irreversible, Florida requires the medical examiner to review the death and approve cremation even when the death was expected. The funeral home submits the request; the review can add some time, and any fee is usually passed on to the family as a cash advance item. In Brevard County this is the District 18 Medical Examiner.
The declaration of intent
When arranging the cremation, the authorizing person signs a declaration saying what will happen to the remains: returned to the family, placed in a niche, buried, scattered, and so on. Dividing cremated remains among family requires the consent of the person who authorized the cremation, and Florida law says cremated remains are not property to be divided in probate (Fla. Stat. 497.607).
If remains are not claimed
If cremated remains are not claimed within 120 days after cremation, the funeral or direct disposal establishment may dispose of them, for example by scattering at sea or placing them in a scattering garden or columbarium. Before doing so, it must make a reasonable effort to find out whether the person was a veteran eligible for burial in a national cemetery (Fla. Stat. 497.607). How long funeral homes keep ashes.
Scattering and burial at sea
The Florida Department of Financial Services advises that ashes can be spread on Florida land but not in Florida fresh water, subject to landowner permission and local rules. Federal EPA rules require burial of cremated remains at sea to take place at least three nautical miles from land, with a report to the EPA within 30 days. Scattering ashes in Florida.
This page summarizes Florida law for general information. It is not legal advice. For a dispute over authority or remains, speak with a Florida attorney.
Questions about cremation in Melbourne?
Buggs Funeral Home operates its own crematory on site and can explain cremation options and prices from its General Price List.
Buggs Funeral Home & Crematory · 2701 S Harbor City Blvd, Melbourne, FL 32901 · Featured funeral home partner
Sources
- Florida Statutes 872.03, 406.11, 497.607, 497.005, 382.008, 497.386
- Florida Department of Financial Services, Consumer FAQ
- U.S. Environmental Protection Agency, Burial at sea
This page is general information, not legal advice. Laws and fees change; confirm details with the agency or a licensed professional. Editorial standards