Florida Statute 872.02
“Injuring or removing tomb or monument; disturbing contents of grave or tomb; penalties”
What it means
Section 872.02 protects graves at two levels. Willfully and knowingly destroying, mutilating, defacing, injuring, or removing a tomb, monument, gravestone, burial mound, or other memorial structure — or the trees, shrubs, and plants within a burial enclosure — is a felony of the third degree.
Going further is a step worse: a person who willfully and knowingly excavates, exposes, moves, removes, or otherwise disturbs the contents of a grave or tomb commits a felony of the second degree. A violation during a riot is ranked one level higher still. The section exempts lawful activity — Division of Historical Resources work, chapter 497 cemetery operations, disaster recovery, and authorized relocations. “Tomb” includes a mausoleum, columbarium, or belowground crypt.
- Damaging or removing a tomb, monument, gravestone, or memorial: third-degree felony.
- Destroying trees, shrubs, or plants placed within a burial enclosure: same third-degree felony.
- Excavating, exposing, moving, removing, or disturbing the contents of a grave or tomb: second-degree felony.
- A violation during a riot is penalized one level above the standard offense.
- Exceptions: Division of Historical Resources authority, chapter 497 cemetery operations, disaster response, and authorized relocations.
- “Tomb” includes a mausoleum, columbarium, or belowground crypt.
How it plays out
The version of this statute we actually field is the family that wants to move a parent's remains — to another plot, another state, or next to a spouse who died later. The answer is that disinterment is a formal process run through licensed cemetery and funeral channels, never self-help; the same physical act with and without authorization is the difference between a relocation and a second-degree felony. Plan reburial wishes in writing while everyone is alive. Moving a grave afterward is harder than choosing it right once.
Where this shows up
Pages on this site where § 872.02 does real work:
Questions people ask
