2013 Legislature             CS for CS for SB 328, 2nd Engrossed
    2         An act relating to public accountancy; amending s.
    3         473.3065, F.S.; renaming the Certified Public
    4         Accountant Education Minority Assistance Program as
    5         the “Clay Ford Scholarship Program”; revising
    6         provisions for the distribution of scholarships under
    7         the program; revising the annual maximum expenditures
    8         and frequency of distribution of moneys for the
    9         scholarships; amending s. 473.311, F.S.; clarifying
   10         provisions; creating s. 473.3125, F.S.; providing
   11         definitions; requiring the Board of Accountancy to
   12         adopt rules for peer review programs; authorizing the
   13         board to establish a peer review oversight committee;
   14         requiring certain licensees to be enrolled in a peer
   15         review program by a certain date; amending s. 473.313,
   16         F.S.; revising license delinquency dates; providing an
   17         effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Section 473.3065, Florida Statutes, is amended
   22  to read:
   23         473.3065 Clay Ford Scholarship Program; Certified Public
   24  Accountant Education Minority Assistance Program; Advisory
   25  Council.—
   26         (1) The Clay Ford Scholarship Certified Public Accountant
   27  Education Minority Assistance Program for Florida residents is
   28  hereby established in the division for the purpose of providing
   29  scholarships to minority persons as defined in s. 288.703 who
   30  are students enrolled in their fifth year of an accounting
   31  education program at an institution in this state approved by
   32  the board by rule. A Certified Public Accountant Education
   33  Minority Assistance Advisory Council shall assist the board in
   34  administering the program.
   35         (2) All moneys used to provide scholarships under the Clay
   36  Ford Scholarship Program shall be funded by a portion of
   37  existing license fees, as set by the board, not to exceed $10
   38  per license. Such moneys shall be deposited into the
   39  Professional Regulation Trust Fund in a separate account
   40  maintained for that purpose. The department may is authorized to
   41  spend up to $200,000 $100,000 per year for the program from this
   42  program account, but may not allocate overhead charges to it.
   43  Moneys for scholarships shall be disbursed twice per year
   44  annually upon recommendation of the advisory council and
   45  approval by the board, based on the adopted eligibility criteria
   46  and comparative evaluation of all applicants. Funds in the
   47  program account may be invested by the Chief Financial Officer
   48  under the same limitations as apply to investment of other state
   49  funds, and all interest earned thereon shall be credited to the
   50  program account.
   51         (3) The board shall adopt rules as necessary for
   52  administration of the Clay Ford Scholarship Program, including
   53  rules relating to the following:
   54         (a) Eligibility criteria for receipt of a scholarship,
   55  which, at a minimum, shall include the following factors:
   56         1. Financial need.
   57         2. Ethnic, gender, or racial minority status pursuant to s.
   58  288.703(4).
   59         3. Scholastic ability and performance.
   60         (b) Scholarship application procedures.
   61         (c) Amounts in which scholarships may be provided, the
   62  total amount that may be provided, the timeframe for payments or
   63  partial payments, and criteria for how scholarship funds may be
   64  expended.
   65         (d) The total amount of scholarships that can be made each
   66  year.
   67         (e) The minimum balance that must be maintained in the
   68  program account.
   69         (4) Determinations made by the board regarding recipients
   70  of scholarship moneys shall not be considered agency action for
   71  purposes of chapter 120.
   72         (5) It is unlawful for any person or agent of such person
   73  to knowingly file with the board any notice, statement, or other
   74  document that which is false or that which contains any material
   75  misstatement of fact. A person who violates any provision of
   76  this subsection commits a misdemeanor of the second degree,
   77  punishable as provided in s. 775.082 or s. 775.083.
   78         (6) There is hereby created the Certified Public Accountant
   79  Education Minority Assistance Advisory Council to assist the
   80  board in administering the Clay Ford Scholarship Program. The
   81  council shall be diverse and representative of the gender,
   82  ethnic, and racial categories set forth in s. 288.703(4).
   83         (a) The council shall consist of five licensed Florida
   84  certified public accountants selected by the board, of whom one
   85  shall be a board member who serves as chair of the council, one
   86  shall be a representative of the National Association of Black
   87  Accountants, one shall be a representative of the Cuban American
   88  CPA Association, and two shall be selected at large. At least
   89  one member of the council must be a woman.
   90         (b) The board shall determine the terms for initial
   91  appointments and appointments thereafter.
   92         (c) Any vacancy on the council shall be filled in the
   93  manner provided for the selection of the initial member. Any
   94  member appointed to fill a vacancy of an unexpired term shall be
   95  appointed for the remainder of that term.
   96         (d) Three consecutive absences or absences constituting 50
   97  percent or more of the council’s meetings within any 12-month
   98  period shall cause the council membership of the member in
   99  question to become void, and the position shall be considered
  100  vacant.
  101         (e) The members of the council shall serve without
  102  compensation, and any necessary and actual expenses incurred by
  103  a member while engaged in the business of the council shall be
  104  borne by such member or by the organization or agency such
  105  member represents. However, the council member who is a member
  106  of the board shall be compensated in accordance with ss.
  107  455.207(4) and 112.061.
  108         Section 2. Section 473.311, Florida Statutes, is amended to
  109  read:
  110         473.311 Renewal of license.—
  111         (1) The department shall renew a license issued under s.
  112  473.308 upon receipt of the renewal application and fee and upon
  113  certification by the board that the Florida certified public
  114  accountant has satisfactorily completed the continuing education
  115  requirements of s. 473.312.
  116         (2) The department shall adopt rules establishing a
  117  procedure for the biennial renewal of licenses issued pursuant
  118  to this section.
  119         Section 3. Section 473.3125, Florida Statutes, is created
  120  to read:
  121         473.3125 Peer review.—
  122         (1) As used in this section, the term:
  123         (a) “Licensee” means a sole proprietor, partnership,
  124  corporation, limited liability company, or any other firm
  125  engaged in the practice of public accounting as defined in s.
  126  473.302(8)(a) that is required to be licensed under s. 473.3101.
  127         (b) “Peer review” means the study, appraisal, or review by
  128  one or more independent certified public accountants of one or
  129  more aspects of the professional work of a licensee.
  130         (2) The board shall adopt rules establishing minimum
  131  standards for peer review programs, including, but not limited
  132  to, standards for administering, performing, and reporting peer
  133  reviews. The board shall also adopt rules establishing minimum
  134  criteria for the board’s approval of one or more organizations
  135  that facilitate and administer peer review programs.
  136         (3) For the purposes of maintaining oversight of the
  137  license renewal requirements of s. 473.311(2), the board may
  138  establish a peer review oversight committee, which shall be
  139  composed of at least three, but no more than five, members who
  140  are licensed under this chapter and whose firms are subject to
  141  s. 473.311(2) and have received a review rating of “pass” on the
  142  most recent peer review.
  143         (4) Effective January 1, 2015, a sole proprietor,
  144  partnership, corporation, limited liability company, or other
  145  firm licensed under s. 473.3101 and engaged in the practice of
  146  public accounting as defined in s. 473.302(8)(a), except for the
  147  performance of compilations and reviews as those terms are
  148  defined by the board, must be enrolled in a peer review program.
  149         Section 4. Subsection (3) of section 473.313, Florida
  150  Statutes, is amended to read:
  151         473.313 Inactive status.—
  152         (3) A license that is has become delinquent for failure to
  153  report completion of the requirements in s. 473.312 may be
  154  reactivated under s. 473.311 upon application to the department.
  155  Reactivation requires the payment of an application fee as
  156  determined by the board and certification by the Florida
  157  certified public accountant that the applicant satisfactorily
  158  completed the continuing education requirements set forth under
  159  s. 473.311. If the license is delinquent on January 1 December
  160  31 because of failure to report completed continuing education
  161  requirements, the applicant must submit a complete application
  162  to the board by March 15 immediately after the delinquent
  163  period.
  164         Section 5. This act shall take effect July 1, 2013.