Burial laws in Florida

The 2-acre family cemetery exemption

Florida Statutes §497.260 exempts family cemeteries of less than 2 acres that don't sell burial spaces or merchandise from Chapter 497's cemetery licensing. Religious cemeteries under 5 acres and nonprofit community cemeteries are also exempt. No state statute requires recording the cemetery with the county — but local zoning, deed restrictions, and HOA covenants decide whether a grave can actually be sited, so check with the county before committing.

Permits and burial requirements

A burial-transit permit under §382.006 must be issued before final disposition and accompanies the body; the statute places that duty on the funeral director who first assumes custody. The state regulator's guidance requires a minimum of 12 inches of soil or sod over the grave; Florida law imposes no vault or liner requirement — vaults are cemetery policy, not statute.

Visitation rights that survive a land sale

Florida Statutes §704.08 gives relatives and descendants of anyone buried in a cemetery an easement of ingress and egress to visit at reasonable times. The landowner may designate a reasonable route, but the right binds future owners — a family grave on private land stays visitable even after the property is sold.

Moving a grave later

Disinterment under §497.384 requires written authorization from a legally authorized person (or a court) and the physical presence of a licensed funeral director, unless the remains are being reinterred within the same cemetery.

Common questions about burial laws in Florida

Can you be buried on private property in Florida?

Florida permits family cemeteries: burial grounds under 2 acres that don't sell plots or merchandise are exempt from state cemetery licensing (Florida Statutes §497.260), with local zoning and deed restrictions governing where a grave can go. Relatives of anyone buried in a Florida cemetery hold a legal easement to visit the grave (Florida Statutes §704.08), which binds future owners of the land.

Do you need a permit to bury someone in Florida?

A burial-transit permit is required before final disposition (Florida Statutes §382.006), issued by the Bureau of Vital Statistics or the local registrar within five days of the death.

Do you need a funeral director in Florida?

Florida's permit statute puts the duty on the funeral director who first takes custody, and the state regulator says a director may be required to be present at the burial — ask the local registrar before planning a burial with no director involved.