Scattering Ashes in Tampa Bay: Florida Laws You Should Know
Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years
In Florida, there is no state law that outright prohibits the scattering of cremated remains. However, scattering ashes in Tampa Bay waters requires special attention to federal environmental regulations.
Under Environmental Protection Agency (EPA) regulations, specifically 40 C.F.R. § 229.1, cremated remains may be scattered in ocean waters only if the scattering occurs at least three nautical miles from land. This requirement is intended to minimize environmental impact.
Because Tampa Bay is an estuary, not open ocean, the federal offshore scattering rule does not automatically apply, and additional state or local regulations may govern whether and how ashes may be scattered in these waters.
Before proceeding, it is strongly recommended that families:
- Consult with local authorities, and/or
- Contact the Florida Department of Environmental Protection
Doing so can help ensure the scattering is conducted respectfully, lawfully, and in full compliance with applicable environmental rules.
Honoring a loved one is deeply personal. Taking the time to understand the legal requirements can help avoid unintended complications during an already emotional time.