House Bill 4065

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    Florida House of Representatives - 1998                HB 4065

        By the Committee on Financial Services and Representatives
    Safley, Lippman, Bainter, Rayson, Tamargo, Lawson, Cosgrove,
    Dennis and Flanagan




  1                      A bill to be entitled

  2         An act relating to public accountancy; amending

  3         s. 473.302, F.S.; revising and providing

  4         definitions; amending s. 473.303, F.S.;

  5         revising provisions relating to membership on

  6         probable cause panels of the Board of

  7         Accountancy; amending s. 473.306, F.S.;

  8         providing conditions under which the board may

  9         adopt an alternative licensure examination for

10         persons licensed to practice public accountancy

11         or its equivalent in a foreign country;

12         providing for appointment of an Educational

13         Advisory Committee for purposes of maintaining

14         proper educational qualifications for licensure

15         of certified public accountants; amending s.

16         473.308, F.S.; revising licensure requirements

17         relating to public accountancy experience

18         outside this state; amending s. 473.309, F.S.;

19         providing additional requirements for a

20         partnership, corporation, or limited liability

21         company to practice public accountancy in this

22         state; amending s. 473.3101, F.S.; revising

23         licensure requirements; amending s. 473.312,

24         F.S.; providing for appointment of a Continuing

25         Professional Education Advisory Committee for

26         purposes of maintaining proper continuing

27         education requirements for renewal of licensure

28         of certified public accountants; amending s.

29         473.313, F.S.; providing continuing education

30         requirements for reactivation of certain

31         inactive licenses; amending ss. 473.319 and

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  1         473.3205, F.S., relating to contingent fees and

  2         to commissions or referral fees, respectively;

  3         correcting cross references to clarify

  4         applicability to specified public accounting

  5         services; amending s. 473.322, F.S.; revising a

  6         prohibition relating to attesting as an expert

  7         in accountancy; providing a penalty; providing

  8         an effective date.

  9

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

11

12         Section 1.  Section 473.302, Florida Statutes, is

13  amended to read:

14         473.302  Definitions.--As used in this chapter, the

15  term:

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

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

18  Professional Regulation.

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

20  Accounting.

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

22  holds a license to practice public accounting in this state

23  under the authority of this chapter.

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

25  practice of public accounting.

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

27  means a firm licensed under s. 473.3101.

28         (7)(5)  "Practice of," "practicing public accountancy,"

29  or "public accounting" means:

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

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

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  1  opinion on financial statements, the attestation as an expert

  2  in accountancy to the reliability or fairness of presentation

  3  of financial information, the utilization of any form of

  4  disclaimer of opinion which conveys an assurance of

  5  reliability as to matters not specifically disclaimed, the

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

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

  8  financial statements by a certified public accountant, a firm

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

10  certified public accountant has an ownership interest,

11  including the performance of such services in the employ of

12  another person; or

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

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

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

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

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

18  firm of certified public accountants, including the

19  performance of such services by a certified public accountant

20  in the employ of a person or firm; or

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 so holding herself or himself or itself out.

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 to who shall serve as chair and at

18  least two additional board members of whom or one may be a

19  past member of the board who is a licensee in good standing.

20  If a past member of the board is to be appointed to the panel,

21  such the past board member shall be appointed to the panel for

22  a maximum of 2 years by the chair of the board with the

23  approval of the secretary of the department.

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

25  Statutes, is amended, and subsection (6) is added to said

26  section, to read:

27         473.306  Examinations.--

28         (5)  The board may adopt an alternative licensure

29  examination for persons who have been licensed to practice

30  public accountancy or its equivalent in a foreign country so

31  long as the International Qualifications Appraisal Board of

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  1  the National Association of State Boards of Accountancy has

  2  ratified an agreement with that country for reciprocal

  3  licensure Canadian chartered accountants who have completed

  4  the Canadian chartered accountant licensure examination and

  5  hold a chartered accountant license from a Canadian province.

  6         (6)  For the purposes of maintaining the proper

  7  educational qualifications for licensure under this chapter,

  8  the board may appoint an Educational Advisory Committee, which

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

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

11  academicians on faculties of universities in this state.

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

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

14  amended to read:

15         473.308  Licensure.--

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

17  by endorsement an applicant who:

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

19  another state or territory and who qualifies to take the

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

21  national, regional, state, or territorial licensing

22  examination which is substantially equivalent to the

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

24  experience requirements set forth in s. 473.307; and

25         2.  Has completed such continuing education courses as

26  the board deems appropriate, within the limits for each

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

28  least such courses as are equivalent to the continuing

29  education requirements for a licensee in this state during the

30  2 years immediately preceding her or his application for

31  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 some state and

  7  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 some

14  other 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 some state and is domiciled in this state must be a

31

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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 some other 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.

31

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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 some

  4  other 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 this section, a licensed audit firm may be an

15  owner of all or part of 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 other legal entity seeking to

23  engage in the practice of public accounting, as defined in s.

24  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 other legal entity meets the requirements for such

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

  2  department the sole proprietor, partnership, corporation, or

  3  limited liability company, or other legal entity for

  4  provisional licensure.

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

  6  sole proprietor, partnership, corporation, or limited

  7  liability company, or other legal entity licensed under this

  8  section must notify the department within 1 month after any

  9  change in the information contained in the application on

10  which its license is based.

11         Section 7.  Section 473.312, Florida Statutes, is

12  amended to read:

13         473.312  Continuing education.--

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

15  board shall by rule require licensees to submit proof

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

17  application for renewal, they have successfully completed not

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

19  professional education programs in public accounting subjects

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

21  additional continuing professional education hours, not to

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

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

24  reestablishment period.

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

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

27  auditing-related subjects, as distinguished from federal and

28  local taxation matters and management services.

29         (2)  Programs of continuing professional education

30  approved by the board shall be formal programs of learning

31  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.  Subsection (2) of section 473.313, Florida

25  Statutes, is amended to read:

26         473.313  Inactive status.--

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

28  reactivated under s. 473.311 upon application to the

29  department. The board may prescribe by rule continuing

30  education requirements as a condition of reactivating a

31  license. The minimum continuing education requirements for

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  1  reactivating a license shall be those of the most recent

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

  3  each year or part thereof during which the license was

  4  inactive. However, notwithstanding any other provision of this

  5  section, the continuing education requirements shall be 120

  6  hours for the reactivation of a license that is inactive on

  7  June 30, 1998, provided the licensee notifies the board by

  8  December 31, 1998, of an intention to reactivate such license

  9  and completes such reactivation by June 30, 2000.

10         Section 9.  Section 473.319, Florida Statutes, is

11  amended to read:

12         473.319  Contingent fees.--Public accounting services

13  as defined in s. 473.302(7)(a) and (c)(5)(a), and those that

14  include tax filings with federal, state, or local government,

15  shall not be offered or rendered for a fee contingent upon the

16  findings or results of such service.  This section does not

17  apply to services involving federal, state, or other taxes in

18  which the findings are those of the tax authorities and not

19  those of the licensee.  Fees to be fixed by courts or other

20  public authorities, which are of an indeterminate amount at

21  the time a public accounting service is undertaken, shall not

22  be regarded as contingent fees for purposes of this section.

23         Section 10.  Section 473.3205, Florida Statutes, is

24  amended to read:

25         473.3205  Commissions or referral fees.--A licensee may

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

27  with the sale or referral of public accounting services as

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

29  public accountant or business entity that is engaged in the

30  practice of public accounting and that accepts a commission

31  for the sale of a product or service to a client must disclose

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  1  that fact to the client in writing in accordance with rules

  2  adopted by the board. However, this section shall not

  3  prohibit:

  4         (1)  Payments for the purchase of an accounting

  5  practice;

  6         (2)  Retirement payments to individuals formerly

  7  engaged in the practice of public accounting or payments to

  8  their heirs or estates; or

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

10  accounting services to either the successor licensee or the

11  client in connection with an engagement.

12         Section 11.  Paragraph (c) of subsection (1) of section

13  473.322, Florida Statutes, is amended to read:

14         473.322  Prohibitions; penalties.--

15         (1)  A person may not knowingly:

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

17  accountancy to the reliability or fairness of presentation of

18  financial information or utilize any form of disclaimer of

19  opinion that is intended or conventionally understood to

20  convey an assurance of reliability as to matters not

21  specifically disclaimed unless such person holds an active

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

23  provides such services through a licensed audit firm. This

24  paragraph does not prohibit the performance by persons other

25  than certified public accountants of other services involving

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

27  returns and the preparation of financial statements without

28  expression of opinion thereon;

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

30  section commits a misdemeanor of the first degree, punishable

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

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

  2  the year in which enacted.

  3

  4            *****************************************

  5                          HOUSE SUMMARY

  6
      Amends various provisions of law relating to public
  7    accountancy. Revises and provides definitions. Revises
      provisions relating to membership on probable cause
  8    panels of the Board of Accountancy. Provides conditions
      under which the board may adopt an alternative licensure
  9    examination for persons licensed to practice public
      accountancy or its equivalent in a foreign country.
10    Provides for appointment of an Educational Advisory
      Committee for purposes of maintaining proper educational
11    qualifications for licensure of certified public
      accountants. Revises licensure requirements relating to
12    public accountancy experience outside this state.
      Provides additional requirements for a partnership,
13    corporation, or limited liability company to practice
      public accountancy in this state. Revises licensure
14    requirements for sole proprietors, partnerships,
      corporations, limited liability companies, and other
15    legal entities. Provides for appointment of a Continuing
      Professional Education Advisory Committee for purposes of
16    maintaining proper continuing education requirements for
      renewal of licensure of certified public accountants.
17    Provides continuing education requirements for
      reactivation of certain inactive licenses. In provisions
18    relating to contingent fees and commissions or referral
      fees, corrects cross references to clarify applicability
19    to specified public accounting services. Revises a
      prohibition relating to attesting as an expert in
20    accountancy. See bill for details.

21

22

23

24

25

26

27

28

29

30

31

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