Florida Statute 497.159 - Full Text and Legal Analysis

497.159 Crimes.—

(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.

Arrestable Offenses under F.S. 497.159
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd
§497.159(1)PUBLIC ORDER CRIMESSTEAL COPY PROVIDE LICENSE EXAMF · 3rd
§497.159(2)FRAUD-FALSE STATEMENTGIVE FALSE INFO APPL FOR FUNERAL CEMETERY LICF · 3rd
§497.159(3)FRAUD-FALSE STATEMENTOBSTRUCT DEPT IN EXAM OR INVESTIGATIONM · 2nd
§497.159(4)PUBLIC ORDER CRIMESPRENEED LICENSEE UNLAWFUL ACOUNTINGF · 3rd
§497.159(4)FRAUD-FALSE STATEMENTPRENEED LICENSEE FALSE REPORT TO DEPTF · 3rd
§497.159(4)PUBLIC ORDER CRIMESPRENEED LIC VIOL CEMETERY PRENEED MONUMENT LAWF · 3rd
§497.159(5)PUBLIC ORDER CRIMESCEMETERY COMPANY DISCRIMINATE BURIAL SPACEM · 2nd
§497.159(6)PUBLIC ORDER CRIMESREMOVEDM · 2nd
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This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.