House Bill 0405

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    Florida House of Representatives - 2000                 HB 405

        By Representative J. Miller






  1                      A bill to be entitled

  2         An act relating to public accountancy; amending

  3         s. 473.308, F.S.; extending an application

  4         deadline for licensure based on certain

  5         practice experience; amending s. 473.309, F.S.;

  6         revising a practice requirement of

  7         partnerships, corporations, and limited

  8         liability companies relating to ownership;

  9         amending s. 473.322, F.S.; authorizing and

10         providing requirements for the use of practice

11         titles, designations, and abbreviations by

12         licensees of other states; providing an

13         effective date.

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

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17         Section 1.  Subsection (4) of section 473.308, Florida

18  Statutes, is amended to read:

19         473.308  Licensure.--

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

21  October 1, 2005 August 1, 2000, and the applicant has 5 years

22  of experience in the practice of public accountancy in the

23  United States or in the practice of public accountancy or its

24  equivalent in a foreign country that the International

25  Qualifications Appraisal Board of the National Association of

26  State Boards of Accountancy has determined has licensure

27  standards that are substantially equivalent to those in the

28  United States, the board shall waive the requirements of s.

29  473.306(2)(b)2. that are in excess of a baccalaureate degree.

30  All experience that is used as a basis for waiving said

31  requirements of s. 473.306(2)(b)2. must be experience outside

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    Florida House of Representatives - 2000                 HB 405

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  1  this state. Furthermore, said experience must be after

  2  licensure as a certified public accountant by another state or

  3  territory of the United States or after licensure in the

  4  practice of public accountancy or its equivalent in a foreign

  5  country that the International Qualifications Appraisal Board

  6  of the National Association of State Boards of Accountancy has

  7  determined has licensure standards that are substantially

  8  equivalent to those in the United States. The board shall have

  9  the authority to establish the standards for experience that

10  meet this requirement.

11         Section 2.  Paragraph (b) of subsection (1), paragraph

12  (b) of subsection (2), and paragraph (b) of subsection (3) of

13  section 473.309, Florida Statutes, are amended to read:

14         473.309  Practice requirements for partnerships,

15  corporations, and limited liability companies; business

16  entities practicing public accounting.--

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

18  public accounting, as defined in s. 473.302(7)(a), unless:

19         (b)  Partners owning at least 51 percent two-thirds of

20  the financial interest and voting rights of the partnership

21  are certified public accountants in some state. However, each

22  partner who is a certified public accountant in another state

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

24  accountant of this state and hold an active license.

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

26  public accounting, as defined in s. 473.302(7)(a), unless:

27         (b)  Shareholders of the corporation owning at least 51

28  percent two-thirds of the financial interest and voting rights

29  of the corporation are certified public accountants in some

30  state and are principally engaged in the business of the

31  corporation. However, each shareholder who is a certified

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    Florida House of Representatives - 2000                 HB 405

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  1  public accountant in another state and is domiciled in this

  2  state must be a certified public accountant of this state and

  3  hold an active license.

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

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

  6  unless:

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

  8  least 51 percent two-thirds of the financial interest and

  9  voting rights of the company are certified public accountants

10  in some state. However, each member who is a certified public

11  accountant in some state and is domiciled in this state must

12  be a certified public accountant of this state and hold an

13  active license.

14         Section 3.  Paragraph (b) of subsection (1) of section

15  473.322, Florida Statutes, is amended to read:

16         473.322  Prohibitions; penalties.--

17         (1)  A person may not knowingly:

18         (b)  Assume or use the title titles or designation

19  designations "certified public accountant" or "public

20  accountant" or the abbreviation "C.P.A." or any other title,

21  designation, words, letters, abbreviations, sign, card, or

22  device tending to indicate that the person holds an active

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

24  license under this chapter; however, a person not licensed in

25  this state who holds an active license to practice as a

26  certified public accountant in another state may use the title

27  or designation "certified public accountant" or the

28  abbreviation "C.P.A.," but only when the state of such

29  licensure immediately precedes or follows such title,

30  designation, or abbreviation and the words "not licensed or

31  qualified to practice public accounting in Florida" are used

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    Florida House of Representatives - 2000                 HB 405

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  1  immediately following such title, designation, or

  2  abbreviation;

  3         Section 4.  This act shall take effect July 1, 2000.

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  6                          HOUSE SUMMARY

  7
      Extends an application deadline for licensure to practice
  8    public accounting based on certain practice experience,
      without having to meet certain educational requirements
  9    in excess of a baccalaureate degree. Reduces the
      accountant ownership requirement for a partnership,
10    corporation, or limited liability company to practice
      public accounting. Authorizes and provides requirements
11    for the use of certified public accounting titles,
      designations, and abbreviations by licensees of other
12    states. See bill for details.

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