Funeral Legal Requirements in Florida (2026)

When a loved one passes in Florida, there are specific legal steps that must be completed before burial or cremation can take place. Your funeral home handles most of these filings on your behalf — but knowing your rights and the timeline involved helps you make informed decisions during a difficult time.

1. Death Certificate

A death certificate must be filed within 5 days of death and before any burial permit is issued. In Florida, death certificates are filed electronically through the Florida Electronic Vital Events Registrar (FEVER) system. Your funeral home coordinates this with the certifying physician or medical examiner.

Families typically need 5–10 certified copies of the death certificate for legal and financial purposes (estate, bank accounts, life insurance, Social Security, etc.). Additional certified copies cost approximately $10 each from Miami-Dade County Vital Records.

2. Burial Transit Permit (Disposition Permit)

Before a body can be transported for burial, cremation, or out-of-state transfer, a burial transit permit must be obtained from the county health department. In Miami-Dade County, this is issued by the Florida Department of Health in Miami-Dade. Your funeral home files for this permit — you do not need to do anything separately.

3. Embalming — Is It Required?

Florida law does not require embalming. Funeral homes may recommend it if:

• A public viewing is planned more than 24 hours after death
• The body is being transported by common carrier (airline) across state lines
• The family requests it for cultural or religious reasons

If you decline embalming, the funeral home must offer refrigeration as an alternative. Under federal law (FTC Funeral Rule), no funeral home can require embalming without your informed consent.

4. Cremation — The 48-Hour Waiting Period

Florida law imposes a mandatory 48-hour waiting period from the time of death before cremation can proceed. This window allows the medical examiner to review the death if needed. Additionally, a cremation permit must be obtained before cremation begins.

If you pre-authorized cremation before death (through a pre-need funeral contract), the funeral home still must observe the 48-hour period and obtain the cremation permit.

5. Home Burial — Is It Legal in Florida?

Florida does not allow home burial (burial on private property) in Miami-Dade County. All burials must take place in a licensed cemetery. Some rural Florida counties have different rules, but this does not apply within Miami-Dade.

6. Your Consumer Rights Under the FTC Funeral Rule

The Federal Trade Commission's Funeral Rule gives consumers specific rights when arranging a funeral in Florida:

• Right to a General Price List (GPL) — Any funeral home must provide a written itemized price list when you visit in person.
• Right to phone pricing — Funeral homes must disclose prices over the phone if asked.
• Right to select only what you need — You cannot be required to purchase a bundled package. You may choose individual services à la carte.
• Right to use outside products — You may purchase a casket or urn from a third party (such as Costco or an online retailer). The funeral home cannot charge a "handling fee" for receiving a third-party casket.
• Right to an itemized statement — Before you sign any contract, you must receive a written itemization of all selected services and goods with their prices.

7. Pre-Need Funeral Contracts in Florida

Florida has strict regulations governing pre-need funeral contracts (arrangements made before death). Key protections include:

• Funeral homes must deposit 70% of pre-need funds into a trust account regulated by the Florida Department of Financial Services.
• Pre-need contracts are transferable — if you move or change your mind, you can transfer to another licensed funeral home.
• Pre-need contracts are cancellable within certain conditions; your refund rights depend on the contract terms.

8. Licensing in Florida

All funeral homes operating in Florida must be licensed by the Florida Board of Funeral, Cemetery, and Consumer Services, part of the Florida Department of Financial Services. You can verify a funeral home's license at the department's public licensee search. All funeral home directors must hold an active Florida Funeral Director license.

Frequently Asked Questions

How quickly must a body be buried or cremated in Florida?

Florida requires that a body be buried, cremated, or placed in a temporary holding facility within a reasonable period. There is no fixed state deadline for disposition, but most funeral homes recommend completing arrangements within 3–5 days. The 48-hour cremation waiting period and death certificate filing timeline are the primary scheduling constraints.

Can a family member transport a body in Florida?

Yes, under Florida Statute 497.386, a family member can transport a deceased relative without using a licensed funeral home, provided they obtain the required permits from the county health department. However, this is rarely practical and most families use a licensed funeral home for transport.

Who is the legal next-of-kin for funeral decisions in Florida?

Florida Statute 497.386 establishes a priority order: (1) person named in a written directive or pre-need contract, (2) spouse, (3) adult children, (4) parents, (5) adult siblings, (6) other adult relatives in order of kinship. Disputes between family members can be resolved through Florida probate court.