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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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.