Senate Bill 1508

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    Florida Senate - 1998                                  SB 1508

    By Senator Latvala





    19-662C-98

  1                      A bill to be entitled

  2         An act relating to public accountancy; amending

  3         s. 473.302, F.S.; providing definitions;

  4         amending s. 473.303, F.S.; revising provisions

  5         relating to membership on probable cause panels

  6         of the Board of Accountancy; amending s.

  7         473.306, F.S.; providing conditions under which

  8         the board may adopt an alternative licensure

  9         examination for persons licensed to practice

10         public accountancy or its equivalent in a

11         foreign country; providing for appointment of

12         an Educational Advisory Committee for purposes

13         of maintaining proper educational

14         qualifications for licensure of certified

15         public accountants; amending s. 473.308, F.S.;

16         revising licensure requirements relating to

17         public accountancy experience outside this

18         state; amending s. 473.309, F.S.; providing

19         additional requirements for a partnership,

20         corporation, or limited liability company to

21         practice public accountancy in this state;

22         amending s. 473.3101, F.S.; providing

23         requirements for the licensure of sole

24         proprietors and other legal entities; amending

25         s. 473.312, F.S.; providing for appointment of

26         a Continuing Professional Education Advisory

27         Committee for purposes of maintaining proper

28         continuing education requirements for renewal

29         of licensure of certified public accountants;

30         amending s. 473.313, F.S.; providing continuing

31         education requirements for the reactivation of

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  1         certain licenses; amending ss. 473.319,

  2         473.3205, F.S.; revising provisions relating to

  3         contingency fees, commissions, and referral

  4         fees; amending s. 473.322, F.S.; providing

  5         certain requirements for persons attesting or

  6         offering to attest as experts; providing an

  7         effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

10

11         Section 1.  Section 473.302, Florida Statutes, is

12  amended to read:

13         473.302  Definitions.--As used in this chapter, the

14  term:

15         (1)  "Board" means the Board of Accountancy.

16         (2)  "Department" means the Department of Business and

17  Professional Regulation.

18         (3)  "Division" means the Division of Certified Public

19  Accounting.

20         (4)  "Certified public accountant" means a person who

21  holds a license to practice public accounting in this state

22  under the authority of this chapter.

23         (5)  "Firm" means any entity that is engaged in the

24  practice of public accounting.

25         (6)  "Licensed audit firm" or "public accounting firm"

26  means a firm licensed under s. 473.3101.

27         (7)(5)  "Practice of," "practicing public accountancy,"

28  or "public accounting" means:

29         (a)  Offering to perform or performing for the public

30  one or more types of services involving the expression of an

31  opinion on financial statements, the attestation as an expert

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  1  in accountancy to the reliability or fairness of presentation

  2  of financial information, the utilization of any form of

  3  disclaimer of opinion which conveys an assurance of

  4  reliability as to matters not specifically disclaimed, the

  5  expression of an opinion on the reliability of an assertion by

  6  one party for the use by a third party;, or the preparation of

  7  financial statements by a certified public accountant, a firm

  8  of certified public accountants, or a firm in which a

  9  certified public accountant has an ownership interest,

10  including the performance of such services in the employ of

11  another person; or

12         (b)  Offering to perform or performing for the public

13  one or more types of services involving the use of accounting

14  skills, or one or more types of tax, management advisory, or

15  consulting services, by any person who is holding herself or

16  himself or itself out as a certified public accountant or a

17  firm of certified public accountants, including the

18  performance of such services by a certified public accountant

19  in the employ of a person so holding herself or firm; or

20  himself or itself out.

21         (c)  Offering to perform or performing for the public

22  one or more types of service involving the preparation of

23  financial statements by a certified public accountant, a firm

24  of certified public accountants, or a firm in which a

25  certified public accountant has an ownership interest,

26  including the performance of such services in the employ of

27  another person.

28

29  However, these terms shall not include services provided by

30  the American Institute of Certified Public Accountants or the

31  Florida Institute of Certified Public Accountants, or any full

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  1  service association of certified public accounting firms whose

  2  plans of administration have been approved by the board, to

  3  their members or services performed by these entities in

  4  reviewing the services provided to the public by members of

  5  these entities.

  6         (6)  "Holding out" means advertising, as a part of a

  7  licensee's business activities, that the licensee is a

  8  certified public accountant when providing, or offering to

  9  provide, services or products to the public which involve the

10  use of accounting skills or one or more types of management

11  advisory or consulting services.

12         Section 2.  Subsection (2) of section 473.303, Florida

13  Statutes, is amended to read:

14         473.303  Board of Accountancy.--

15         (2)  Notwithstanding the provisions of s. 455.225(4),

16  The probable cause panel of the board may be composed of at

17  least one board member who shall serve as chair and additional

18  board members or one past members member of the board who are

19  licensees is a licensee in good standing. The past board

20  members member shall be appointed to the panel for a maximum

21  of 2 years by the chair of the board with the approval of the

22  secretary of the department.

23         Section 3.  Subsection (5) of section 473.306, Florida

24  Statutes, is amended, and subsection (6) is added to that

25  section, to read:

26         473.306  Examinations.--

27         (5)  The board may adopt an alternative licensure

28  examination for persons who have been licensed to practice

29  public accountancy or its equivalent in a foreign country so

30  long as the International Qualifications Appraisal Board of

31  the National Association of State Boards of Accountancy has

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  1  ratified an agreement with that country for reciprocal

  2  licensure Canadian chartered accountants who have completed

  3  the Canadian chartered accountant licensure examination and

  4  hold a chartered accountant license from a Canadian province.

  5         (6)  For the purposes of maintaining the proper

  6  educational qualifications for licensure under this chapter,

  7  the board may appoint an Educational Advisory Committee, which

  8  shall be composed of one member of the board, two persons in

  9  public practice who are licensed under this chapter, and four

10  academicians on faculties of universities in this state.

11         Section 4.  Paragraph (a) of subsection (3) and

12  subsection (4) of section 473.308, Florida Statutes, are

13  amended to read:

14         473.308  Licensure.--

15         (3)  The board shall certify as qualified for a license

16  by endorsement an applicant who:

17         (a)1.  Is not licensed and has not been licensed in

18  another state or territory and who qualifies to take the

19  examination as set forth in s. 473.306, who has passed a

20  national, regional, state, or territorial licensing

21  examination which is substantially equivalent to the

22  examination required by s. 473.306, and who has satisfied the

23  experience requirements set forth in s. 473.307; and

24         2.  Has completed such continuing education courses as

25  the board deems appropriate, within the limits for each

26  applicable 2-year period as set forth in s. 473.312, but at

27  least such courses as are equivalent to the continuing

28  education requirements for a licensee in this state during the

29  2 years immediately preceding her or his application for

30  licensure by endorsement; or

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  1         (4)  If application for licensure is made prior to

  2  August 1, 2000, and the applicant has 5 years of experience in

  3  the practice of public accountancy, either in the United

  4  States or in the practice of public accountancy or its

  5  equivalent in a foreign country that the International

  6  Qualifications Appraisal Board of the National Association of

  7  State Boards of Accountancy has determined has licensure

  8  standards that are substantially equivalent to those in the

  9  United States as a licensed chartered accountant in Canada,

10  the board shall waive the requirements of s. 473.306(2)(b)2.

11  that are in excess of a baccalaureate degree. All experience

12  that is used as a basis for waiving said requirements of s.

13  473.306(2)(b)2. must be experience outside this state.

14  Furthermore, said experience must be after licensure as a

15  certified public accountant by another state or territory of

16  the United States or after licensure in the practice of public

17  accountancy or its equivalent in a foreign country that the

18  International Qualifications Appraisal Board of the National

19  Association of State Boards of Accountancy has determined has

20  licensure standards that are substantially equivalent to those

21  in the United States. The board shall have the authority to

22  establish the standards for experience that meet this

23  requirement.

24         Section 5.  Section 473.309, Florida Statutes, is

25  amended to read:

26         473.309  Practice requirements for partnerships,

27  corporations, and limited liability companies; business

28  entities practicing public accounting.--

29         (1)  A partnership may not engage in the practice of

30  public accounting, as defined in s. 473.302(7)(a), in this

31  state unless:

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  1         (a)  It is a form of partnership recognized by Florida

  2  law.

  3         (b)  Partners owning at least two-thirds of the

  4  financial interest and voting rights of the partnership are

  5  certified public accountants in some state. However, each

  6  partner who is a certified public accountant in another state

  7  and is domiciled in this state must be a certified public

  8  accountant of this state and hold an active license.

  9         (c)  At least one general partner is a certified public

10  accountant of this state and holds an active license.

11         (d)  All noncertified public accountant partners are

12  engaged in the business of the partnership as their principal

13  occupation and are not certified public accountants in another

14  state.

15         (e)  It is in compliance with rules adopted by the

16  board pertaining to minimum capitalization, letters of credit,

17  and adequate public liability insurance.

18         (f)  It is currently licensed as required by s.

19  473.3101.

20         (2)  A corporation may not engage in the practice of

21  public accounting, as defined in s. 473.302(7)(a), in this

22  state unless:

23         (a)  It is a corporation duly organized in this or some

24  other state.

25         (b)  Shareholders of the corporation owning at least

26  two-thirds of the financial interest and voting rights of the

27  corporation are certified public accountants in some state and

28  are principally engaged in the business of the corporation.

29  However, each shareholder who is a certified public accountant

30  in another state and is domiciled in this state must be a

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  1  certified public accountant of this state and hold an active

  2  license.

  3         (c)  The principal officer of the corporation is a

  4  certified public accountant in some state.

  5         (d)  At least one shareholder of the corporation is a

  6  certified public accountant and holds an active license in

  7  this state.

  8         (e)  All noncertified public accountant shareholders

  9  are engaged in the business of the corporation as their

10  principal occupation and are not certified public accountants

11  in another state.

12         (f)  It is in compliance with rules adopted by the

13  board pertaining to minimum capitalization, letters of credit,

14  and adequate public liability insurance.

15         (g)  It is currently licensed as required by s.

16  473.3101.

17         (3)  A limited liability company may not engage in the

18  practice of public accounting, as defined in s. 473.302(7)(a),

19  in this state unless:

20         (a)  It is a limited liability company duly organized

21  in this or some other state.

22         (b)  Members of the limited liability company owning at

23  least two-thirds of the financial interest and voting rights

24  of the company are certified public accountants in some state.

25  However, each member who is a certified public accountant in

26  some state and is domiciled in this state must be a certified

27  public accountant of this state and hold an active license.

28         (c)  At least one member of the limited liability

29  company is a certified public accountant and holds an active

30  license in this state.

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  1         (d)  All noncertified public accountant members are

  2  engaged in the business of the company as their principal

  3  occupation and are not certified public accountants in another

  4  state.

  5         (e)  It is in compliance with rules adopted by the

  6  board pertaining to minimum capitalization, letters of credit,

  7  and adequate public liability insurance.

  8         (f)  It is currently licensed as required by s.

  9  473.3101.

10         (4)  A partnership, corporation, limited liability

11  company, or any other business entity is engaged in the

12  practice of public accounting if its employees are engaged in

13  the practice of public accounting. Notwithstanding any other

14  provision of law, a licensed audit firm may own all or part of

15  another licensed audit firm.

16         Section 6.  Section 473.3101, Florida Statutes, is

17  amended to read:

18         473.3101  Licensure of sole proprietors, partnerships,

19  corporations, and limited liability companies, and other legal

20  entities.--

21         (1)  Each sole proprietor, partnership, corporation, or

22  limited liability company, or any other legal entity seeking

23  to engage in the practice of public accounting, as defined in

24  s. 473.302(7)(a), in this state must file an application for

25  licensure with the department and supply the information the

26  board requires. An application must be made upon the affidavit

27  of a sole proprietor, general partner, shareholder, or member

28  who is a certified public accountant.

29         (2)  The board shall determine whether the sole

30  proprietor, partnership, corporation, or limited liability

31  company, or any other legal entity meets the requirements for

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  1  practice and, pending that determination, may certify to the

  2  department the partnership, corporation, or limited liability

  3  company for provisional licensure.

  4         (3)  Each license must be renewed every 2 years.  Each

  5  sole proprietor, partnership, corporation, or limited

  6  liability company, or any other legal entity licensed under

  7  this section must notify the department within 1 month after

  8  any change in the information contained in the application on

  9  which its license is based.

10         Section 7.  Section 473.312, Florida Statutes, is

11  amended to read:

12         473.312  Continuing education.--

13         (1)(a)  As part of the license renewal procedure, the

14  board shall by rule require licensees to submit proof

15  satisfactory to the board that during the 2 years prior to

16  application for renewal, they have successfully completed not

17  less than 48 or more than 80 classroom hours of continuing

18  professional education programs in public accounting subjects

19  approved by the board. The board may prescribe by rule

20  additional continuing professional education hours, not to

21  exceed 25 percent of the total hours required, for failure to

22  complete the hours required for renewal by the end of the

23  reestablishment period.

24         (b)(1)  Not less than 25 percent of the total hours

25  required by the board shall be in accounting-related and

26  auditing-related subjects, as distinguished from federal and

27  local taxation matters and management services.

28         (2)  Programs of continuing professional education

29  approved by the board shall be formal programs of learning

30  which contribute directly to the professional competency of an

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  1  individual following licensure to practice public accounting

  2  and may be any of the following:

  3         (a)  Professional development programs of the American

  4  Institute of Certified Public Accountants, state societies of

  5  certified public accountants, or other organizations.

  6         (b)  Technical sessions at meetings of the American

  7  Institute of Certified Public Accountants, state societies,

  8  chapters, or other organizations.

  9         (c)  University and college courses.

10         (d)  Formal organized in-firm education programs.

11         (3)  The board shall adopt rules establishing the

12  continuing education requirements for licensees who are

13  engaged in the audit of a governmental entity. The board shall

14  approve subjects directly related to the governmental

15  environment and to governmental auditing for purposes of

16  satisfying the requirement of this subsection.

17         (4)  For the purposes of maintaining proper continuing

18  education requirements for renewal of licensure under this

19  chapter, the board may appoint a Continuing Professional

20  Education Advisory Committee, which shall be composed of one

21  member of the board, one academician on the faculty of a

22  university in this state, and six certified public

23  accountants.

24         Section 8.  Section 473.313, Florida Statutes, is

25  amended to read:

26         473.313  Inactive status.--

27         (1)  A licensee may request that her or his license be

28  placed in an inactive status by making application to the

29  department.  The board may prescribe by rule fees for placing

30  a license on inactive status, renewal of inactive status, and

31  reactivation of an inactive license.

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  1         (2)  A license that has become inactive may be

  2  reactivated under s. 473.311 upon application to the

  3  department. The board may prescribe by rule continuing

  4  education requirements as a condition of reactivating a

  5  license. The minimum continuing education requirements for

  6  reactivating a license shall be those of the most recent

  7  biennium plus one-half of the requirements in s. 473.312 for

  8  each year or part thereof during which the license was

  9  inactive. Notwithstanding any other provision of law, the

10  continuing education requirements are 120 hours for the

11  reactivation of a license that is inactive on June 30, 1998,

12  if the licensee notifies the Board of Accountancy by December

13  31, 1998, of an intention to reactivate such a license and

14  completes such reactivation by June 30, 2000.

15         Section 9.  Section 473.319, Florida Statutes, is

16  amended to read:

17         473.319  Contingent fees.--Public accounting services

18  as defined in s. 473.302(7)(a) and (c) s. 473.302(5)(a), and

19  those that include tax filings with federal, state, or local

20  government, shall not be offered or rendered for a fee

21  contingent upon the findings or results of such service.  This

22  section does not apply to services involving federal, state,

23  or other taxes in which the findings are those of the tax

24  authorities and not those of the licensee.  Fees to be fixed

25  by courts or other public authorities, which are of an

26  indeterminate amount at the time a public accounting service

27  is undertaken, shall not be regarded as contingent fees for

28  purposes of this section.

29         Section 10.  Section 473.3205, Florida Statutes, is

30  amended to read:

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  1         473.3205  Commissions or referral fees.--A licensee may

  2  not accept or pay a commission or referral fee in connection

  3  with the sale or referral of public accounting services as

  4  defined in s. 473.302(7)(a) and (c) s. 473.302(5)(a).  Any

  5  certified public accountant or business entity that is engaged

  6  in the practice of public accounting and that accepts a

  7  commission for the sale of a product or service to a client

  8  must disclose that fact to the client in writing in accordance

  9  with rules adopted by the board. However, this section shall

10  not prohibit:

11         (1)  Payments for the purchase of an accounting

12  practice;

13         (2)  Retirement payments to individuals formerly

14  engaged in the practice of public accounting or payments to

15  their heirs or estates; or

16         (3)  Payment of fees to a referring licensee for public

17  accounting services to either the successor licensee or the

18  client in connection with an engagement.

19         Section 11.  Section 473.322, Florida Statutes, is

20  amended to read:

21         473.322  Prohibitions; penalties.--

22         (1)  A person may not knowingly:

23         (a)  Practice public accounting unless the person is a

24  certified public accountant or a public accountant;

25         (b)  Assume or use the titles or designations

26  "certified public accountant" or "public accountant" or the

27  abbreviation "C.P.A." or any other title, designation, words,

28  letters, abbreviations, sign, card, or device tending to

29  indicate that the person holds an active license under this

30  chapter, unless the person holds an active license under this

31  chapter;

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  1         (c)  Attest or offer to attest as an expert in

  2  accountancy to the reliability or fairness of presentation of

  3  financial information or utilize any form of disclaimer of

  4  opinion that is intended or conventionally understood to

  5  convey an assurance of reliability as to matters not

  6  specifically disclaimed unless such person holds an active

  7  license under this chapter and is a licensed audit firm or

  8  provides such services through a licensed audit firm. This

  9  paragraph does not prohibit the performance by persons other

10  than certified public accountants of other services involving

11  the use of accounting skills, including the preparation of tax

12  returns and the preparation of financial statements without

13  expression of opinion thereon;

14         (d)  Present as her or his own the license of another;

15         (e)  Give false or forged evidence to the board or a

16  member thereof;

17         (f)  Use or attempt to use a public accounting license

18  that has been suspended, revoked, or placed on inactive or

19  delinquent status;

20         (g)  Employ unlicensed persons to practice public

21  accounting; or

22         (h)  Conceal information relative to violations of this

23  chapter.

24         (2)  Any person who violates any provision of this

25  section commits a misdemeanor of the first degree, punishable

26  as provided in s. 775.082 or s. 775.083.

27         Section 12.  This act shall take effect October 1 of

28  the year in which enacted.

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  1            *****************************************

  2                          SENATE SUMMARY

  3
      Amends various provisions of law relating to public
  4    accountancy. Revises provisions relating to membership on
      probable cause panels of the Board of Accountancy.
  5    Provides conditions under which the board may adopt an
      alternative licensure examination for persons licensed to
  6    practice public accountancy or its equivalent in a
      foreign country. Provides for appointment of an
  7    Educational Advisory Committee for purposes of
      maintaining proper educational qualifications for
  8    licensure of certified public accountants. Revises
      licensure requirements relating to public accountancy
  9    experience outside this state. Provides additional
      requirements for a partnership, corporation, or limited
10    liability company to practice public accountancy in this
      state. Provides for appointment of a Continuing
11    Professional Education Advisory Committee for purposes of
      maintaining proper continuing education requirements for
12    renewal of licensure of certified public accountants.
      Provides definitions and provides requirements for the
13    licensure of sole proprietors. Provides continuing
      education requirements for the reactivation of certain
14    licenses. Provides requirements for persons attesting or
      offering to attest as experts. (See bill for details.)
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