Florida Statute 497.384 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 497
FUNERAL, CEMETERY, AND CONSUMER SERVICES

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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.

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Amendments to 497.384

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Cases Citing Statute 497.384

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Mellette v. Trinity Mem'l Cemetery, Inc., 95 So. 3d 1043 (Fla. 2d DCA 2012).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 2012 WL 3705265, 2012 Fla. App. LEXIS 14477

...In this case, the facts surrounding the disinterment are not seriously disputed. The issue is whether those facts cannot support Priscilla’s causes of action as a matter of law, thereby warranting summary judgment in Trinity’s favor. *1046 There is no question that the disinterment in this case violated Florida law. Section 497.384(3), Florida Statutes (2007), provides that a disinterment must be authorized in writing by “a legally authorized person or a court of competent jurisdiction.” When Trinity disinterred Adam’s body in January 2008, “legally auth...

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