
Some people like to bury their departed pets in their yard. What about burying a human loved one at your house? Or scattering ashes in a favorite spot?
Here’s a look at what Florida law says about the issues:
Is burying a human in a home yard legal in Florida?
There’s no state law that prohibits burying a loved one on your property, according to Florida’s Division of Funeral, Cemetery and Consumer Services. Florida statute lets families establish cemeteries of less than two acres that do not sell burial spaces or burial merchandise, according to Florida statute.
Before you start plotting the yard space and inviting the family to gather, take note: Cities may have local restrictions.
“Local ordinances and rules should be consulted to determine if this type of burial is permitted,” Florida’s Division of Funeral, Cemetery and Consumer Services says. “Before burying a body on private land or establishing a family cemetery, be sure to check local zoning rules,” adds Nolo.Com.
Check your homeowner association rules, too. After all, some communities don’t even allow pickup trucks in the driveway after 6 p.m., nevermind dead bodies pushing up the daisies.
In addition, a licensed funeral director may be required to be present at the burial, the state’s division of funeral services says. And a burial-transit permit may also be required in accordance with Florida Statutes 382.006. “A funeral director who first assumes custody of a dead body or fetus must obtain a burial-transit permit before final disposition and within five days after death,” according to the statute.
Two things to keep in mind:
Your home destination should “provide adequate access to allow for family members to visit the burial spaces,” according to the Florida division, but especially, “the future sale of the property should also be considered as purchasers may be leery of buying property where human remains have been buried.”
Can you bury your pet in your backyard?
How you bury a deceased animal is regulated by the state. The Florida statutes says: “Any owner, custodian, or person in charge of domestic animals, upon the death of such animals due to disease, shall dispose of the carcasses of such animals by burning or burying at least 2 feet below the surface of the ground.”
Nothing in the statute prohibits turning over the animal’s body to “rendering companies licensed to do business” in Florida.
Also, according to the state, “it is unlawful to dispose of the carcass of any domestic animal by dumping such carcass on any public road or right-of-way, or in any place where such carcass can be devoured by beast or bird.”
The Florida Department of Environmental Protection has a guidance document detailing how to properly “dispose” of your pet. Among the details: In addition to the burial at least two feet below the ground’s surface, the body should be above the water table.
The Broward Bark blog adds that you should wrap the animal’s body in plastic or a blanket but suggests you ought to turn to professionals like a veterinary or animal hospital service for the burial chore.
“It is not recommended to bury your dog in your backyard in Broward County, or any other location,” Broward Bark writes. “In most places, it is illegal to bury dogs in residential areas, and it can also pose a health risk to other animals and humans. Instead of burying your dog in your backyard, you can have them cremated or buried at a pet cemetery.”
Can you scatter ashes of your loved ones anywhere in Florida?
State laws don’t regulate where you can store or scatter cremains, according to funeral homes including Florida Family Cremations. According to legal site Nolo.com, no Florida laws restrict where you may keep or scatter ashes.
The only Florida statute dealing with cremation focuses on the cremation process and what may happen if ashes are not claimed within 120 days from the time of cremation. The funeral home or disposal establishment may dispose of the ashes.
Private property:You can scatter ashes on your own private property. If you want to scatter ashes on someone else’s private land, it’s best to ask permission. If your mom or dad loved the Dolphins or shopping at Publix, scattering their ashes on the goal line at Hard Rock Stadium or in the Pub Sub line may not be granted.
Public property:Although Florida doesn’t have laws against scattering ashes, you may want to check with your county or city should you wish to scatter ashes at a South Florida park.
Federal land:You can scatter ashes in federal parks including the Everglades or Biscayne National Park. But there are some protocols to follow. You need a permit that you can obtain on the National Park Service site.
“The scattering should be a small private affair, held away from high visitor use areas,” the park site says. “Because cremains cannot be placed or dispersed within 100 yards of a body of water, road or trail, or within developed areas, this activity is not permitted at Convoy Point.”
The ashes must be fully refined with no detectable remains that let passerby note these are human remains (teeth, bones, you get the idea). The ashes should also be completely dispersed and not piled in one location or buried.
And while you’re scattering, don’t disturb any of the park’s natural resources.
You can’t leave a monument, memorial, plaque, structure, urn, photo or any other commemorative item inside the park to mark the spot — and that includes potted plants, dried flower arrangements or any plant with seeds because doing so could introduce non-native or invasive species.
The park service won’t treat the area as sacred or as a burial ground or cemetery. So once you have scattered the ashes, park uses resume without regard to the presence of the cremains.
Scattering from the air:Florida doesn’t prohibit the scattering of ashes by air, but the Federal Aviation Administration has guidelines prohibiting the dropping of anything from a plane that could injure people below. Ashes are fine but not the hard objects that may contain them. So the licensed pilot who takes on the task can’t drop the urn, for instance. Just the ashes.
Scattering at sea: Scattering ashes at sea is the first image that comes to mind for many. But know this: The federal Clean Water Act, which also governs scattering ashes in inland waters like rivers and lakes, requires that cremated remains be scattered at least three nautical miles from land.
The Environmental Protection Agency doesn’t offer permits for scattering ashes at beaches or shorelines — although that hasn’t stopped some people.
You can go out to sea by yourself if you have access to a boat. Or funeral homes may offer scattering at sea services during which their team spreads the ashes for you in the Atlantic off Miami’s coast. Officials there can help plan a private charter, too. The funeral home also files the EPA paperwork for you.
For more information on scattering ashes at sea, including the contact information for the EPA representative in Florida, see the EPA’s Burial at Sea page.
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