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House Bill 0947

Florida House of Representatives - 1997 HB 947 By Representative Safley 1 A bill to be entitled 2 An act relating to public accountancy; amending 3 s. 473.309, F.S.; revising practice 4 requirements for partnerships, corporations, 5 and limited liability companies; providing that 6 business entities are practicing public 7 accounting if their employees are practicing 8 public accounting; amending s. 473.319, F.S.; 9 restricting the prohibition on contingency fees 10 to certain public accounting services; amending 11 s. 473.3205, F.S.; prohibiting licensees from 12 accepting or paying commissions or referral 13 fees in connection with the sale or referral of 14 certain public accounting services; requiring 15 written disclosure to clients relating to the 16 acceptance of certain commissions; amending s. 17 473.323, F.S.; providing that failing to 18 provide any required written disclosure to a 19 client or the public is a ground for 20 disciplinary action; providing penalties; 21 providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Section 473.309, Florida Statutes, is 26 amended to read: 27 473.309 Practice requirements for partnerships, 28 professional service corporations, and limited liability 29 companies; business entities practicing public accounting.-- 30 (1) A partnership may shall not engage in the practice 31 of public accounting in this state unless: 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 947 114-262A-97 1 (a) It is a form of partnership recognized by Florida 2 law. 3 (b) Partners owning two-thirds of the financial 4 interest and voting rights of the partnership are certified 5 public accountants Each partner is a certified public 6 accountant in some state.; and 7 (c)(a) At least one general partner and each partner 8 domiciled in this state is a certified public accountant of 9 this state and holds an active license.; 10 (d) All noncertified public accountant partners are 11 engaged in the business of the partnership as their principal 12 occupation. 13 (e) It is in compliance with rules adopted by the 14 board pertaining to minimum capitalization and adequate public 15 liability insurance. 16 (f)(c) It The partnership is currently licensed as 17 required by s. 473.3101. 18 (2) A corporation may shall not engage in the practice 19 of public accounting in this state unless: 20 (a) It is a professional service corporation duly 21 organized in this or some any other state.; 22 (b) Shareholders Each shareholder of the corporation 23 owning two-thirds of the financial interest and voting rights 24 of the corporation are certified public accountants is 25 licensed as a certified public accountant in some state and 26 are is principally engaged in the business of the 27 corporation.; 28 (c) The principal officer of the corporation and any 29 officer or director having authority over the practice of 30 public accounting by the corporation is a certified public 31 accountant in some state.; 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 947 114-262A-97 1 (d) At least one shareholder of the corporation, and 2 each shareholder, director, and officer domiciled in this 3 state having authority over the practice of public accounting 4 by the corporation, is a certified public accountant and holds 5 an active license in this state.; 6 (e) All noncertified public accountant partners are 7 engaged in the business of the corporation as their principal 8 occupation. 9 (f)(e) It is in compliance with rules adopted by the 10 board pertaining to minimum capitalization and adequate public 11 liability insurance.; and 12 (g)(f) It is currently licensed as required by s. 13 473.3101. 14 (3) A limited liability company may not engage in the 15 practice of public accounting in this state unless: 16 (a) It is a limited liability company duly that is 17 organized in this or some any other state. 18 (b) Members Each member of the limited liability 19 company owning two-thirds of the financial interest and voting 20 rights of the company are certified public accountants is a 21 certified public accountant in some state. 22 (c) At least one member of the limited liability 23 company, and each member or manager domiciled in this state 24 having authority over the practice of public accounting by the 25 limited liability company, is a certified public accountant 26 and holds an active license in this state. 27 (d) All noncertified accountant partners are engaged 28 in the business of the company as their principal occupation. 29 (e)(e) It is in compliance with rules adopted by the 30 board pertaining to minimum capitalization and adequate public 31 liability insurance. 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 947 114-262A-97 1 (f)(d) It is currently licensed as required by s. 2 473.3101. 3 (4) A partnership, corporation, limited liability 4 company, or any other business entity is engaged in the 5 practice of public accounting if its employees are engaged in 6 the practice of public accounting. 7 Section 2. Section 473.319, Florida Statutes, is 8 amended to read: 9 473.319 Contingent fees.--Public accounting services 10 as defined in s. 473.302(5)(a), and those that include tax 11 filings with federal, state, or local government, shall not be 12 offered or rendered for a fee contingent upon the findings or 13 results of such service. This section does not apply to 14 services involving federal, state, or other taxes in which the 15 findings are those of the tax authorities and not those of the 16 licensee. Fees to be fixed by courts or other public 17 authorities, which are of an indeterminate amount at the time 18 a public accounting service is undertaken, shall not be 19 regarded as contingent fees for purposes of this section. 20 Section 3. Section 473.3205, Florida Statutes, is 21 amended to read: 22 473.3205 Commissions or referral fees.--A licensee may 23 not accept or pay a commission or referral fee in connection 24 with the sale or referral of public accounting services as 25 defined in s. 473.302(5)(a). Any certified public accountant 26 or business entity that is engaged in the practice of public 27 accounting and that accepts a commission for the sale of a 28 product or service to a client must disclose that fact to the 29 client in writing in accordance with rules adopted by the 30 board. A licensee who is engaged in the practice of public 31 accounting shall not pay a commission to obtain a client, nor 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 947 114-262A-97 1 shall he accept compensation for the sale of products, other 2 than the work product of the licensee, or for referral of 3 products or services of others. However, this section shall 4 not prohibit: 5 (1) Payments for the purchase of an accounting 6 practice; 7 (2) Retirement payments to individuals formerly 8 engaged in the practice of public accounting or payments to 9 their heirs or estates; or 10 (3) Payment of fees to a referring licensee for public 11 accounting services to either the successor licensee or the 12 client in connection with an engagement. 13 Section 4. Paragraph (m) is added to subsection (1) of 14 section 473.323, Florida Statutes, 1996 Supplement, to read: 15 473.323 Disciplinary proceedings.-- 16 (1) The following acts constitute grounds for which 17 the disciplinary actions in subsection (3) may be taken: 18 (m) Failing to provide any written disclosure to a 19 client or the public which is required by this chapter or rule 20 of the board. 21 Section 5. This act shall take effect October 1, 1997. 22 23 24 25 26 27 28 29 30 31 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 947 114-262A-97 1 ***************************************** 2 HOUSE SUMMARY 3 Revises various provisions relating to public 4 accountancy. Revises practice requirements for partnerships, corporations, and limited liability 5 companies. Provides that business entities are practicing public accounting if their employees are 6 practicing public accounting. Restricts the prohibition on contingency fees to certain public accounting 7 services. Prohibits a licensee from accepting or paying a commission or referral fee in connection with the sale 8 or referral of certain public accounting services. Requires written disclosure to clients relating to 9 acceptance of commissions for the sale of products or services to clients. Provides that failing to provide 10 any required written disclosure to a client or the public is a ground for disciplinary action. See bill for 11 details. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6