Chapter 872 — Graves & Dead Bodies

Florida Statute 872.05

“Unmarked human burials”

What it means

Section 872.05 opens with a stated legislative intent: all human burials and human skeletal remains are to be accorded equal treatment and respect based upon common human dignity, without reference to ethnic origin, cultural background, or religious affiliation.

The procedure binds anyone who encounters one — on a construction site, a farm, or family land. Disturbing activity ceases immediately and local law enforcement is notified. The district medical examiner takes jurisdiction where a criminal investigation is involved or the person has been dead less than 75 years, deciding within 30 days; older remains pass to the State Archaeologist, with a skeletal analyst reporting in 15 days. Native American remains require consultation with two members of current Florida tribes.

— What it says

Legislative intent: equal treatment and respect for all human burials, regardless of ethnic origin, cultural background, or religious affiliation.
On discovery: stop all disturbing activity and notify local law enforcement immediately.
The district medical examiner has 30 days to determine jurisdiction; remains of persons dead 75 years or more go to the State Archaeologist.
A human skeletal analyst reports within 15 days when the State Archaeologist takes over.
Native American remains require consultation with two members of current state tribes on proper disposition.
Willfully disturbing, destroying, or removing an unmarked burial: third-degree felony; knowingly failing to report a disturbance: second-degree misdemeanor.

— In a real probate

How it plays out

This statute reaches estates through land. Florida property that has been in a family for generations — groves, ranchland, rural acreage — sometimes carries burials no deed mentions, and the discovery usually happens when an heir clears or develops after probate. The obligation transfers with the shovel: stop, call law enforcement, and let the 75-year sorting run. We flag the possibility when old family land changes hands through an estate, because a buyer or heir who pushes through a discovery is committing a felony, not saving a schedule.

Where this shows up

Pages on this site where § 872.05 does real work:

Related sections

§ 872.02Injuring or removing tomb or monument; disturbing contents of grave or tomb; penalties § 872.06Abuse of a dead human body; penalty § 872.01Dealing in dead bodies § 406.50Unclaimed remains; disposition, procedure

Questions people ask

What happens if human remains are found on private property in Florida?

Under Florida Statute 872.05, all disturbing activity must stop and local law enforcement must be notified. The medical examiner determines within 30 days whether to keep jurisdiction; remains 75 years or older go to the State Archaeologist. Willfully disturbing the burial is a third-degree felony.

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 § 872.05