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Law Educator, Esq.
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Can a grave in a legal cemetary in Florida be positioned at

Customer Question

Can a grave in a legal cemetary in Florida be positioned at the toe of a berm?
Submitted: 7 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under FS 497.274:
"(1) A standard adult grave space shall measure at least 42 inches in width and 96 inches in length, except for preinstalled vaults in designated areas. For interments, except cremated remains, the covering soil shall measure no less than 12 inches from the top of the outer burial container at time of interment, unless such level of soil is not physically possible. In any interment, the family or next of kin may waive the 12-inch coverage minimum.
(2)(a) Prior to the sale of grave spaces in any undeveloped areas of a licensed cemetery, the cemetery company shall prepare a map documenting the establishment of recoverable internal survey reference markers installed by the cemetery company no more than 100 feet apart in the areas planned for development..."
Thus, as long as the grave complies with this and is in an approved space in the cemetery, the grave could possibly be at the toe of the berm. This would be up to the cemetery and their actual approved area within the cemetery in compliance with the above statute.

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