1

A bill to be entitled

2

An act relating to public accountancy; amending s.

3

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

4

examination for licensure as a certified public

5

accountant; eliminating certain obsolete provisions;

6

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

7

requirements for education and work experience; requiring

8

the Board of Accountancy to adopt rules governing

9

requirements for work experience; clarifying provisions

10

that specify what constitutes good moral character for

11

purposes of qualifying for licensure as a certified public

12

accountant; revising provisions governing licensure by

13

endorsement; amending s. 473.323, F.S.; correcting a

14

cross-reference; providing an effective date.

15

16

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

17

18

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

19

read:

20

     473.306  Examinations.--

21

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

22

public accountant shall apply to the department to take the for

23

licensure examination.

24

     (2)  An applicant is entitled to take the licensure

25

examination to practice in this state as a certified public

26

accountant if the applicant has completed 120 semester hours or

27

160 quarter hours from an accredited college or university with a

28

concentration in accounting and business courses as specified by

29

the board by rule.:

30

     (a) Is of good moral character; and

31

     (b) Has met the following educational requirements from an

32

accredited college or university:

33

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

34

baccalaureate degree with a major in accounting or its equivalent

35

with a concentration in accounting and business to the extent

36

specified by the board.

37

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

38

baccalaureate degree with a major in accounting or its equivalent

39

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

40

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

41

in accounting and business in the total educational program to

42

the extent specified by the board.

43

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

44

standards for determining and shall determine:

45

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

46

part of the licensure examination;

47

     (b)  Which educational institutions, in addition to the

48

universities in the State University System of Florida, shall be

49

deemed to be accredited colleges or universities;

50

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

51

accounting; and

52

     (d)  What courses and number of hours constitute additional

53

accounting courses acceptable under s. 473.308(3) subparagraph

54

(2)(b)2.

55

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

56

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

57

the laws of this state and nation.

58

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

59

failure to satisfy this requirement if:

60

     1. The board finds a reasonable relationship between the

61

lack of good moral character of the applicant and the

62

professional responsibilities of a certified public accountant;

63

and

64

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

65

is supported by competent substantial evidence.

66

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

67

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

68

shall furnish the applicant a statement containing the findings

69

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

70

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

71

applicant to a rehearing and appeal.

72

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

73

examination for persons who have been licensed to practice public

74

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

75

International Qualifications Appraisal Board of the National

76

Association of State Boards of Accountancy has ratified an

77

agreement with that country for reciprocal licensure.

78

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

79

educational qualifications for licensure under this chapter, the

80

board may appoint an Educational Advisory Committee, which shall

81

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

82

practice who are licensed under this chapter, and four

83

academicians on faculties of universities in this state.

84

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

85

read:

86

     473.308  Licensure.--

87

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

88

public accountant in this state shall apply to the department for

89

licensure and the department shall license any applicant who the

90

board certifies is qualified to practice public accounting.

91

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

92

successfully passes the licensure examination and satisfies the

93

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

94

shall certify for licensure any firm that which satisfies the

95

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

96

certify any applicant or firm that has violated any of the

97

provisions of s. 473.322.

98

     (3) An applicant for licensure must have received a

99

baccalaureate degree with a major in accounting or its equivalent

100

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

101

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

102

concentration in accounting and business in the total educational

103

program to the extent specified by the board.

104

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

105

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

106

experience shall include providing any type of service or advice

107

involving the use of accounting, attest, compilation, management

108

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

109

which must be verified by a certified public accountant who is

110

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

111

supervised the applicant. This experience is acceptable if it was

112

gained through employment in government, industry, academia, or

113

public practice; constituted a substantial part of the

114

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

115

public accountant licensed by a state or territory of the United

116

States. The board shall adopt rules specifying standards and

117

providing for the review and approval of the work experience

118

required by this section.

119

     (5) An applicant for licensure shall show that the

120

applicant has good moral character.

121

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

122

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

123

the laws of this state and nation.

124

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

125

failure to satisfy this requirement if:

126

     1. The board finds a reasonable relationship between the

127

lack of good moral character of the applicant and the

128

professional responsibilities of a certified public accountant;

129

and

130

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

131

is supported by competent substantial evidence.

132

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

133

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

134

shall furnish to the applicant a statement containing the

135

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

136

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

137

the applicant to a rehearing and appeal.

138

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

139

by endorsement an applicant who:

140

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

141

state or territory and who has met the requirements of this

142

section for education, work experience, and good moral character

143

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

144

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

145

examination that which is substantially equivalent to the

146

examination required by s. 473.306; and

147

     2.  Has completed such continuing education courses as the

148

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

149

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

150

as are equivalent to the continuing education requirements for a

151

Florida certified public accountant licensed licensee in this

152

state during the 2 years immediately preceding her or his

153

application for licensure by endorsement; or

154

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

155

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

156

criteria for issuance of such license were substantially

157

equivalent to the licensure criteria that which existed in this

158

state at the time the license was issued; or

159

     b.  Holds a valid license to practice public accounting

160

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

161

criteria for issuance of such license did not meet the

162

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

163

this section for education, work experience, and good moral

164

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

165

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

166

territorial licensing examination that which is substantially

167

equivalent to the examination required by s. 473.306; and

168

     2. Has completed continuing education courses that which

169

are equivalent to the continuing education requirements for a

170

Florida certified public accountant licensed licensee in this

171

state during the 2 years immediately preceding her or his

172

application for licensure by endorsement.

173

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

174

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

175

the practice of public accountancy or its equivalent in a foreign

176

country that the International Qualifications Appraisal Board of

177

the National Association of State Boards of Accountancy has

178

determined has licensure standards that are substantially

179

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

180

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

181

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

182

federal, state, or local government and that employment required

183

the use of accounting skills as a substantial part of the

184

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

185

public accountant licensed by a state or territory of the United

186

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

187

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

188

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

189

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

190

licensed as a certified public accountant by another state or

191

territory of the United States or while licensed in the practice

192

of public accountancy or its equivalent in a foreign country that

193

the International Qualifications Appraisal Board of the National

194

Association of State Boards of Accountancy has determined has

195

licensure standards that are substantially equivalent to those in

196

the United States. The board shall have the authority to

197

establish the standards for experience that meet this

198

requirement.

199

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

200

applicant who is under investigation in another state for any act

201

that which would constitute a violation of this act or chapter

202

455, until such time as the investigation is complete and

203

disciplinary proceedings have been terminated.

204

     Section 3.  Paragraph (l) of subsection (1) of section

205

473.323, Florida Statutes, is amended to read:

206

     473.323  Disciplinary proceedings.--

207

     (1)  The following acts constitute grounds for which the

208

disciplinary actions in subsection (3) may be taken:

209

     (l)  Failing to maintain a good moral character as provided

210

in s. 473.308 s. 473.306.

211

     Section 4.  This act shall take effect July 1, 2008.