Chapter 872 — Graves & Dead Bodies

Florida Statute 872.01

“Dealing in dead bodies”

What it means

Section 872.01 makes it a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, to buy or sell the dead body of any human being, or to have one in one's possession for the purpose of buying, selling or trafficking in it.

The section does not prohibit obtaining, dissecting, using and disposing of dead bodies for teaching or other appropriate university research by a medical school, dental school, school of nursing, or other university research or teaching unit that is part of a regularly established or chartered institution of higher learning under the laws of the state.

— What it says

Buying, selling, or possessing a dead human body to buy, sell or traffic in it is a first-degree misdemeanor (§ 872.01).
Exception: obtaining, dissecting, using and disposing of bodies for teaching or other appropriate university research (§ 872.01).
The exception covers medical, dental and nursing schools and other university research or teaching units of a regularly established or chartered institution of higher learning (§ 872.01).
Buying or selling human organs or tissue is covered separately, as a second-degree felony (§ 873.01(1), (4)).

Text of the statute (2026)

§ 872.01

Whoever buys, sells, or has in his or her possession for the purpose of buying or selling or trafficking in the dead body of any human being shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083; provided, however, that nothing contained in this section shall be construed to prohibit the obtaining, dissecting, using, and disposing of dead bodies for the purpose of teaching or other appropriate university research by any medical school, dental school, school of nursing, or other university research or teaching unit which is a part of a regularly established or chartered institution of higher learning under the laws of the state.

Excerpts are the subsections the summary relies on. Read the full official text of § 872.01.

History. s. 26, ch. 1637, 1868; RS 2625; GS 3545; RGS 5446; CGL 7589; s. 1, ch. 22057, 1943; s. 1, ch. 26724, 1951; s. 1133, ch. 71-136; s. 1407, ch. 97-102.

— In a Florida probate

How it applies

Section 872.01 concerns trading in dead bodies. Its text does not mention funeral services or the right to direct disposition, which § 497.005(43) assigns to the legally authorized person. The university exception is limited to the named teaching and research units. Sale or transfer of human organs and tissue for valuable consideration is governed separately by § 873.01, and abuse of a dead human body by § 872.06.

Where this shows up

Pages on this site where § 872.01 does real work:

Eva Perón

Related sections

§ 872.02Injuring or removing tomb or monument; disturbing contents of grave or tomb; penalties § 872.06Abuse of a dead human body; penalty § 873.01Purchase or sale of human organs and tissue prohibited § 406.61Selling, buying, or conveying human remains outside state prohibited; exceptions; penalty

Questions people ask

Is it illegal to sell a dead body in Florida?

Yes. Section 872.01 makes buying, selling, or possessing the dead body of any human being for the purpose of buying, selling or trafficking in it a first-degree misdemeanor, with an exception for teaching and research by university units.

Sources

Fla. Stat. § 872.01 (“Whoever buys, sells, or has in his or her possession for the purpose of buying or selling or trafficking in the dead body of any human being shall be guilty of a misdemeanor of the first degree.”)
Fla. Stat. § 873.01 (Purchase or sale of human organs and tissue is a second-degree felony.)

Last checked: October 17, 2026

The official text

This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.

Read § 872.01

Published by the Probate.Help editorial team.How these pages are written and checked.