(1) The theft in whole or in part or the act of unauthorized reproducing, circulating, or copying of any questions or answers on, from, or for any prelicensure examination administered by the department or the board, whether such examination is reproduced or copied in part or in whole and by any means, constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) The act of knowingly giving false information in the course of applying for or obtaining a license under this chapter, with intent to mislead the board or a public employee in the performance of her or his official duties, or the act of attempting to obtain or obtaining a license under this chapter by knowingly misleading statements or knowing misrepresentations, constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Any person who willfully obstructs the department or its examiner in any examination or investigation authorized by this chapter commits a misdemeanor of the second degree punishable as provided in s. 775.082 or s. 775.083, in addition to any disciplinary action under this chapter. The initiation of action in any court by or on behalf of any licensee to terminate or limit any examination or investigation under this chapter shall not constitute a violation under this subsection.
(4) Any officer or director, or person occupying similar status or performing similar functions, of a preneed licensee who fails to make required deposits to any trust fund required by this chapter; any director, officer, agent, or employee of a preneed licensee who makes any unlawful withdrawal of funds from any such account or who knowingly discloses to the department or an employee thereof any false report made pursuant to this chapter; or any person who willfully violates any of the provisions of part II, part IV, or part V commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5)(a) No cemetery company or other legal entity conducting or maintaining any public or private cemetery may deny burial space to any person because of race, creed, marital status, sex, national origin, or color. A cemetery company or other entity operating any cemetery may designate parts of cemeteries or burial grounds for the specific use of persons whose religious code requires isolation. Religious institution cemeteries may limit burials to members of the religious institution and their families.
(b) Any cemetery company or other legal entity which violates the provisions of this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.083, and each violation of this section constitutes a separate offense.
History.—s. 29, ch. 2004-301; s. 16, ch. 2005-155; s. 65, ch. 2016-10; s. 8, ch. 2021-113.
Structure Florida Statutes
Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations
Chapter 497 - Funeral, Cemetery, and Consumer Services
Part I - General Provisions (Ss. 497.001-497.172)
497.0021 - Applicability of parts.
497.101 - Board of Funeral, Cemetery, and Consumer Services; membership; appointment; terms.
497.103 - Authority of board and department; Chief Financial Officer recommendations.
497.141 - Licensing; general application procedures.
497.142 - Licensing; fingerprinting and criminal background checks.
497.143 - Licensing; limited licenses for times of critical need.
497.144 - Licensing; examinations, general provisions.
497.145 - Licensing; use of professional testing services.
497.146 - Licensing; address of record; changes; licensee responsibility.
497.147 - Continuing education; general provisions.
497.148 - Continuing education; monitoring of compliance.
497.149 - Investigations, hearings, and inspections.
497.150 - Compliance examinations of existing licensees.
497.151 - Complaints; logs; procedures.
497.152 - Disciplinary grounds.
497.153 - Disciplinary procedures and penalties.
497.154 - Disciplinary guidelines.
497.155 - Disciplinary citations and minor violations.
497.156 - Emergency action against licensees.
497.157 - Unlicensed practice; remedies concerning violations by unlicensed persons.
497.158 - Court enforcement actions; powers; abatement of nuisances.
497.160 - Receivership proceedings.
497.161 - Other rulemaking provisions.
497.162 - Health and safety education.
497.163 - Restriction on requirement of citizenship.
497.164 - Solicitation of goods or services.
497.165 - Liability of owners, directors, and officers regarding trust funds.
497.167 - Administrative matters.
497.168 - Members of Armed Forces in good standing with administrative boards.
497.169 - Private actions; actions on behalf of consumers; attorney’s fee.
497.170 - Unauthorized arrangements.
497.171 - Identification of human remains.
497.172 - Public records exemptions; public meetings exemptions.