Florida Senate - 2008 SB 1206

By Senator Jones

13-02520B-08 20081206__

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A bill to be entitled

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An act relating to public accountancy; amending s.

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473.306, F.S.; revising prerequisites for taking the

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examination for licensure as a certified public

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accountant; eliminating certain obsolete provisions;

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amending s. 473.308, F.S.; revising and updating the

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requirements for education and work experience; requiring

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the Board of Accountancy to adopt rules governing

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requirements for work experience; clarifying provisions

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that specify what constitutes good moral character for

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purposes of qualifying for licensure as a certified public

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accountant; revising provisions governing licensure by

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endorsement; providing an effective date.

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

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     Section 1.  Section 473.306, Florida Statutes, is amended to

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read:

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     473.306  Examinations.--

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     (1) A person desiring to be licensed as a Florida certified

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public accountant shall apply to the department to take the for

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licensure examination.

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     (2)  An applicant is entitled to take the licensure

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examination to practice in this state as a certified public

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accountant if the applicant has completed 120 semester hours or

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160 quarter hours from an accredited college or university with a

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concentration in accounting and business courses as specified by

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the board by rule.:

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     (a) Is of good moral character; and

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     (b) Has met the following educational requirements from an

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accredited college or university:

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     1. If application is made prior to August 2, 1983, a

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baccalaureate degree with a major in accounting or its equivalent

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with a concentration in accounting and business to the extent

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specified by the board.

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     2. If application is made after August 1, 1983, a

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baccalaureate degree with a major in accounting or its equivalent

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plus at least 30 semester or 45 quarter hours in excess of those

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required for a 4-year baccalaureate degree, with a concentration

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in accounting and business in the total educational program to

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the extent specified by the board.

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     (3)  The board shall have the authority to establish the

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standards for determining and shall determine:

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     (a)  What constitutes a passing grade for each subject or

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part of the licensure examination;

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     (b)  Which educational institutions, in addition to the

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universities in the State University System of Florida, shall be

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deemed to be accredited colleges or universities;

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     (c)  What courses and number of hours constitute a major in

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accounting; and

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     (d)  What courses and number of hours constitute additional

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accounting courses acceptable under s. 473.308(3) subparagraph

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(2)(b)2.

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     (4)(a) "Good moral character" means a personal history of

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honesty, fairness, and respect for the rights of others and for

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the laws of this state and nation.

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     (b) The board may refuse to certify an applicant for

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failure to satisfy this requirement if:

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     1. The board finds a reasonable relationship between the

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lack of good moral character of the applicant and the

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professional responsibilities of a certified public accountant;

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and

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     2. The finding by the board of lack of good moral character

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is supported by competent substantial evidence.

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     (c) When an applicant is found to be unqualified for a

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license because of a lack of good moral character, the board

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shall furnish the applicant a statement containing the findings

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of the board, a complete record of the evidence upon which the

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determination was based, and a notice of the rights of the

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applicant to a rehearing and appeal.

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     (4)(5) The board may adopt an alternative licensure

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examination for persons who have been licensed to practice public

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accountancy or its equivalent in a foreign country so long as the

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International Qualifications Appraisal Board of the National

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Association of State Boards of Accountancy has ratified an

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agreement with that country for reciprocal licensure.

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     (5)(6) For the purposes of maintaining the proper

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educational qualifications for licensure under this chapter, the

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board may appoint an Educational Advisory Committee, which shall

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be composed of one member of the board, two persons in public

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practice who are licensed under this chapter, and four

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academicians on faculties of universities in this state.

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     Section 2.  Section 473.308, Florida Statutes, is amended to

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read:

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     473.308  Licensure.--

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     (1) A person desiring to be licensed as a Florida certified

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public accountant in this state shall apply to the department for

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licensure and the department shall license any applicant who the

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board certifies is qualified to practice public accounting.

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     (2)  The board shall certify for licensure any applicant who

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successfully passes the licensure examination and satisfies the

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requirements of subsections (3), (4), and (5), s. 473.306 and

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shall certify for licensure any firm that which satisfies the

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requirements of ss. 473.309 and 473.3101. The board may refuse to

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certify any applicant or firm that has violated any of the

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provisions of s. 473.322.

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     (3) An applicant for licensure must have received a

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baccalaureate degree with a major in accounting or its equivalent

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plus at least 30 semester hours or 45 quarter hours in excess of

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those required for a 4-year baccalaureate degree, with a

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concentration in accounting and business in the total educational

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program to the extent specified by the board.

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     (4) An applicant for licensure after December 31, 2008,

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must show that he or she has had 1 year of work experience. This

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experience shall include providing any type of service or advice

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involving the use of accounting, attest, compilation, management

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advisory, financial advisory, tax, or consulting skills, all of

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which must be verified by a certified public accountant who is

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licensed by a state or territory of the United States and who has

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supervised the applicant. This experience is acceptable if it was

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gained through employment in government, industry, academia, or

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public practice; constituted a substantial part of the

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applicant's duties; and was under the supervision of a certified

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public accountant licensed by a state or territory of the United

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States. The board shall adopt rules specifying standards and

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providing for the review and approval of the work experience

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required by this section.

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     (5) An applicant for licensure shall show that the

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applicant has good moral character.

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     (6)(a) "Good moral character" means a personal history of

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honesty, fairness, and respect for the rights of others and for

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the laws of this state and nation.

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     (b) The board may refuse to certify an applicant for

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failure to satisfy this requirement if:

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     1. The board finds a reasonable relationship between the

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lack of good moral character of the applicant and the

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professional responsibilities of a certified public accountant;

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and

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     2. The finding by the board of lack of good moral character

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is supported by competent substantial evidence.

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     (c) When an applicant is found to be unqualified for a

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license because of a lack of good moral character, the board

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shall furnish to the applicant a statement containing the

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findings of the board, a complete record of the evidence upon

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which the determination was based, and a notice of the rights of

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the applicant to a rehearing and appeal.

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

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by endorsement an applicant who:

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

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state or territory and who has met the requirements of this

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section for education, work experience, and good moral character

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qualifies to take the examination as set forth in s. 473.306 and

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has passed a national, regional, state, or territorial licensing

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examination that which is substantially equivalent to the

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examination required by s. 473.306; and

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     2.  Has completed such continuing education courses as the

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board deems appropriate, within the limits for each applicable 2-

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year period as set forth in s. 473.312, but at least such courses

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as are equivalent to the continuing education requirements for a

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Florida certified public account licensed licensee in this state

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during the 2 years immediately preceding her or his application

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for licensure by endorsement; or

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     (b)1.a.  Holds a valid license to practice public accounting

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issued by another state or territory of the United States, if the

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criteria for issuance of such license were substantially

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equivalent to the licensure criteria that which existed in this

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state at the time the license was issued; or

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     b.  Holds a valid license to practice public accounting

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issued by another state or territory of the United States but the

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criteria for issuance of such license did not meet the

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requirements of sub-subparagraph a.; has met the requirements of

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this section for education, work experience, and good moral

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character;, who qualifies to take the examination as set forth in

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s. 473.306 and has passed a national, regional, state, or

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territorial licensing examination that which is substantially

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equivalent to the examination required by s. 473.306; and

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     2. Has completed continuing education courses that which

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are equivalent to the continuing education requirements for a

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Florida certified public accountant licensed licensee in this

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state during the 2 years immediately preceding her or his

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application for licensure by endorsement.

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     (8)(4) If the applicant has at least 5 years of experience

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

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the practice of public accountancy or its equivalent in a foreign

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country that the International Qualifications Appraisal Board of

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the National Association of State Boards of Accountancy has

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determined has licensure standards that are substantially

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equivalent to those in the United States, or has at least 5 years

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of work experience that meets the requirements of subsection (4)

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as an auditor or accountant in the employment of a unit of

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federal, state, or local government and that employment required

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the use of accounting skills as a substantial part of the

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applicant's duties and was under the supervision of a certified

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public accountant licensed by a state or territory of the United

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States, the board shall waive the requirements of subsection (3)

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which s. 473.306(2)(b)2. that are in excess of a baccalaureate

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degree. All experience that is used as a basis for waiving the

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requirements of subsection (3) s. 473.306(2)(b)2. must be while

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licensed as a certified public accountant by another state or

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territory of the United States or while licensed in the practice

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of public accountancy or its equivalent in a foreign country that

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the International Qualifications Appraisal Board of the National

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Association of State Boards of Accountancy has determined has

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licensure standards that are substantially equivalent to those in

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the United States. The board shall have the authority to

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establish the standards for experience that meet this

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requirement.

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     (9)(5) The board may refuse to certify for licensure any

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applicant who is under investigation in another state for any act

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that which would constitute a violation of this act or chapter

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455, until such time as the investigation is complete and

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disciplinary proceedings have been terminated.

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     Section 3.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.