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Where Can You Legally Scatter Ashes in Florida?

Losing a loved one is undoubtedly one of life’s most difficult experiences, and deciding how to handle their remains adds yet another layer of complexity to a challenging and emotional time. Family members and friends often consider scattering ashes a meaningful way to honor the dearly departed. Before embarking on this final farewell, it’s essential to understand the legalities associated with the locations being considered for releasing ashes in the Sunshine State.

Laws on Scattering Ashes in Florida

The State of Florida does not regulate the storage or scattering of cremains. If keeping your loved one’s ashes in an urn doesn’t seem like a suitable end-of-life memorial, you may consider scattering them. The only guideline concerning the disposal of ashes in the Sunshine State is Florida Statutes § 497.607, regarding ashes left unclaimed at a funeral home.

However, before scattering someone’s ashes, consult the governing entity, such as the city, county, federal agency or private property owner. Local authorities may have their restrictions or laws regarding cremain dispersal.

Legal Ash Scattering Locations

Let’s explore several places that you may want to consider for an ash scattering ceremony in Florida:

Spreading Ashes at Sea is Allowed

Florida’s long coastline provides endless locations to release cremains offshore. Federal law governs the ocean waters, and the State of Florida adheres to these guidelines established by the Environmental Protection Agency (EPA). According to the general permit under the Marine Protection, Research and Sanctuaries Act (MPRSA), sea burials are permitted as long as ashes are dispersed at least three nautical miles from shore, biodegradable materials are used, and the ceremony is reported to the EPA within 30 days. Many local charter companies, such as Sandhill Charters, offer attended and unattended burial at sea services, providing families with beautiful and memorable farewells.

Private Property

Scattering ashes on private property in Florida is legally allowed, provided you obtain permission from the landowner unless you are the owner. This option enables families and friends to choose a location that the departed once loved and holds personal significance. Before proceeding, it’s vital to secure explicit permission from the property owner or administrator to avoid trespassing issues. Additionally, it’s wise to consider any local ordinances or environmental regulations that may apply.

State Parks and Natural Areas

Many of Florida’s state parks and natural areas permit the scattering of ashes with prior authorization. These scenic locations offer serene environments with lush greenery, tranquil lakes, and diverse wildlife. However, families must obtain permission from park authorities before scattering ashes on public lands. Each park may have specific guidelines and designated areas for such ceremonies, ensuring minimal disruption to the ecosystem and other visitors.

Rules and permits for ash scattering in Florida National Parks are available online or by contacting park management.

Inland Waterways and Rivers

Florida is an extensive network of serene rivers, lakes, and inland waterways, providing a peaceful and reflective tribute for loved ones to release cremains. Although Florida has no laws regarding the dispersion of ashes within inland waterways, families must adhere to environmental regulations and obtain necessary permits from governing agencies such as water management districts or the Division of Water Resource Management. It’s advisable to consult with local authorities or environmental agencies to ensure compliance with local or federal laws and guidelines.

Cemetery Scattering Garden

Some Florida cemeteries and churches feature dedicated gardens or memorial areas where families can scatter their loved one’s ashes in a tranquil and respectful location. These unique spaces often provide a sense of permanence and offer families a place to visit for reflection and remembrance, much like a cemetery plot. Families interested in this memorial option should inquire with the cemetery or church staff to ensure they adhere to their guidelines.

Aerial Ash Release

Although it’s not a popular option, some families opt to disperse their loved one’s cremains by air. Florida doesn’t prohibit ash scattering by plane, but the Federal Aviation Administration (FAA) has laws prohibiting dropping anything from an aircraft that could harm people below. Ashes are safe to release, but the containers or urns that store them are not. To ensure everyone’s safety, you’ll want to find a provider experienced in cremated remains release and holding a safe and respectful ceremony.

Tips for Scattering Your Loved Ones Ashes

Scattering a loved one’s ashes is a profoundly personal and emotional experience. Here are some tips to ensure a meaningful and respectful ceremony:

According to the EPA, there are several ash scattering regulations you must follow:

  • Observe Local Regulations – Research and comply with local regulations or restrictions regarding ash scattering in your chosen location.

  • Choose a Meaningful Location – Choose a location that is significant to your loved one and your family, such as a serene beach, a tranquil forest, or a cherished park.

  • Consider Environmental Impact – Opt for biodegradable urns and quick decomposing materials, and avoid scattering ashes in ecologically sensitive areas.

  • Personalize the Ceremony – Incorporate meaningful rituals, readings, or music to honor your loved one’s memory.

  • Invite Close Family and Friends – Surround yourself with supportive loved ones to provide comfort and share in the tribute.

There is no right or wrong way to honor your loved one. Allow yourself the time and space to grieve and celebrate the life of your loved one in a way that feels authentic and meaningful to you. Remember, if you cannot be present, you can still opt for services like an unattended burial at sea by a reputable boat charter like Sandhill Charters and ask that they provide a keepsake video to treasure long after the ceremony.

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