Florida Statutes

Fla. Stat. § 704.08 (2025)

Cemeteries; right of ingress and egress for visiting or maintenance.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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704.08 Cemeteries; right of ingress and egress for visiting or maintenance.—The relatives and descendants of any person buried in a cemetery shall have an easement for ingress and egress for the purpose of visiting the cemetery at reasonable times and in a reasonable manner. The owner of the land may designate the easement. If the cemetery is abandoned or otherwise not being maintained, such relatives and descendants may request the owner to provide for reasonable maintenance of the cemetery, and, if the owner refuses or fails to maintain the cemetery, the relatives and descendants shall have the right to maintain the cemetery.

History.—s. 36, ch. 80-238.

Notes of Decisions

Cited in 3 cases, 1990–2013 · leading case: Mallock v. S. Mem'l Park, Inc., 561 So. 2d 330 (Fla. 3d DCA 1990).

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Mallock v. S. Mem'l Park, Inc., 561 So. 2d 330 (Fla. 3d DCA 1990). · cites it 7× “, alleging intentional infliction of emotional distress, and breach of the statutory right of access pursuant to section 704.08, Florida Statutes (1987). The Mallocks alleged that their son was buried in Southern Memorial Park, and that three times per year, for the past seven…”

H & F Land v. Panama City-Bay Co. Airport, 736 So. 2d 1167 (Fla. 1999). · cites it 2× “[11] We recognize that section 704.08, Florida Statutes (1995), allows an easement for ingress and egress for the relatives and descendants of persons buried in a cemetery to visit the cemetery at reasonable times and in a reasonable manner.”

Vill. Carver Phase 1, LLC v. Fid. Nat'l Title Ins. Co., 128 So. 3d 107 (Fla. 3d DCA 2013). · cites it 9× “” See § 704.08, Fla. Stat. (2008). 1 We disagree.”

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