Florida Statutes

Fla. Stat. § 497.384 (2025)

Disinterment; transportation; authorization and notification.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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497.384 Disinterment; transportation; authorization and notification.—

(1) The disinterment and reinterment of human remains shall require the physical presence of a licensed funeral director, unless the reinterment is to be made in the same cemetery.

(2) In order to ensure that any disinterment or transportation of a dead human body is conducted in a manner that properly protects the public health, safety, and welfare, the licensing authority may adopt rules to regulate the disinterment and transportation of human remains.

(3) The funeral director shall obtain written authorization from a legally authorized person or a court of competent jurisdiction prior to the disinterment and reinterment of a dead human body.

(4) Notification must be provided licensing authority as provided in s. 497.382.

(5) The removal of human remains from a designated temporary storage area to a place of permanent burial within a cemetery shall not be considered a disinterment or reinterment.

History.—s. 75, ch. 94-119; s. 89, ch. 2004-301.

Note.—Former s. 470.0295.

Notes of Decisions

Cited in 1 case, 2012–2012 · leading case: Mellette v. Trinity Mem'l Cemetery, Inc., 95 So. 3d 1043 (Fla. 2d DCA 2012).

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Mellette v. Trinity Mem'l Cemetery, Inc., 95 So. 3d 1043 (Fla. 2d DCA 2012). · cites it 2× “” When Trinity disinterred Adam’s body in January 2008, “legally authorized person” was in pertinent part defined as follows: “Legally authorized person” means, in the priority listed, the decedent, when written inter vivos authorizations and directions are provided by the…”

— 497.384(3) — 1 case

Mellette v. Trinity Mem'l Cemetery, Inc., 95 So. 3d 1043 (Fla. 2d DCA 2012). “” When Trinity disinterred Adam’s body in January 2008, “legally authorized person” was in pertinent part defined as follows: “Legally authorized person” means, in the priority listed, the decedent, when written inter vivos authorizations and directions are provided by the…”

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