Florida Senate - 2025                                     SB 160
       
       
        
       By Senator Gruters
       
       
       
       
       
       22-00450A-25                                           2025160__
    1                        A bill to be entitled                      
    2         An act relating to public accountancy; amending s.
    3         473.301, F.S.; making a technical change regarding the
    4         purpose of ch. 473, F.S.; amending s. 473.302, F.S.;
    5         deleting the definition of the term “Uniform
    6         Accountancy Act”; amending s. 473.3035, F.S.;
    7         authorizing the Board of Accountancy to contract with
    8         certain corporations not for profit for the
    9         performance of certain duties assigned to the Division
   10         of Certified Public Accounting of the Department of
   11         Business and Professional Regulation; amending s.
   12         473.306, F.S.; conforming a cross-reference; making a
   13         technical change; amending s. 473.308, F.S.; revising
   14         the education and work experience requirements for a
   15         certified public accountant license; directing the
   16         board to prescribe specified coursework for licensure;
   17         revising requirements for licensure by endorsement;
   18         deleting provisions with respect to licensure of
   19         applicants with work experience in foreign countries;
   20         deleting obsolete language; creating s. 473.3085,
   21         F.S.; requiring an international applicant who seeks
   22         licensure as a certified public accountant in this
   23         state to meet specified criteria prescribed by the
   24         board; requiring such applicants to apply to the
   25         department; requiring such applicants to create and
   26         maintain an online account with the department;
   27         providing that the applicant’s e-mail address serves
   28         as the primary means of communication from the
   29         department; requiring an applicant to submit any
   30         change in certain information within a specified
   31         timeframe through the department’s online system;
   32         requiring the department to certify an applicant who
   33         meets certain requirements; requiring the department
   34         to adopt rules; amending s. 473.312, F.S.; revising
   35         requirements for the approval of providers who
   36         administer continuing education on ethics for
   37         certified public accountants; requiring the board to
   38         give preference to certain providers; amending s.
   39         473.3141, F.S.; revising requirements for certified
   40         public accountants licensed in another state or a
   41         territory of the United States to practice in this
   42         state without obtaining a license; reenacting s.
   43         473.311(1)(b), F.S., relating to renewal of license,
   44         to incorporate the amendment made to s. 473.312, F.S.,
   45         in references thereto; providing effective dates.
   46          
   47  Be It Enacted by the Legislature of the State of Florida:
   48  
   49         Section 1. Section 473.301, Florida Statutes, is amended to
   50  read:
   51         473.301 Purpose.—The Legislature recognizes that there is a
   52  public need for independent and objective certified public
   53  accountants and that it is necessary to regulate the practice of
   54  public accounting to assure the minimum competence of
   55  practitioners and the accuracy of audit statements upon which
   56  the public relies and to protect the public from dishonest
   57  practitioners and, therefore, deems it necessary in the interest
   58  of public welfare to regulate the practice of public accountancy
   59  in this state.
   60         Section 2. Subsection (9) of section 473.302, Florida
   61  Statutes, is amended to read:
   62         473.302 Definitions.—As used in this chapter, the term:
   63         (9) “Uniform Accountancy Act” means the Uniform Accountancy
   64  Act, Eighth Edition, dated January 2018 and published by the
   65  American Institute of Certified Public Accountants and the
   66  National Association of State Boards of Accountancy.
   67  
   68  However, these terms shall not include services provided by the
   69  American Institute of Certified Public Accountants or the
   70  Florida Institute of Certified Public Accountants, or any full
   71  service association of certified public accounting firms whose
   72  plans of administration have been approved by the board, to
   73  their members or services performed by these entities in
   74  reviewing the services provided to the public by members of
   75  these entities.
   76         Section 3. Subsection (1) of section 473.3035, Florida
   77  Statutes, is amended to read:
   78         473.3035 Division of Certified Public Accounting.—
   79         (1) All services concerning this chapter, including, but
   80  not limited to, recordkeeping services, examination services,
   81  legal services, and investigative services, and those services
   82  in chapter 455 necessary to perform the duties of this chapter
   83  are assigned to shall be provided by the Division of Certified
   84  Public Accounting. The board may, by majority vote, delegate
   85  such a duty or duties to the appropriate division within the
   86  department or contract pursuant to part I of chapter 287 for the
   87  performance of such duties by corporations not for profit
   88  organized before 2024 under chapter 617. The board may, by
   89  majority vote, rescind any such delegation of duties at any
   90  time.
   91         Section 4. Effective July 1, 2026, subsection (3) of
   92  section 473.306, Florida Statutes, is amended, and subsection
   93  (4) of that section is republished, to read:
   94         473.306 Examinations.—
   95         (3) An applicant is entitled to take the licensure
   96  examination to practice in this state as a certified public
   97  accountant if:
   98         (a) The applicant has completed 120 semester hours or 180
   99  quarter hours from an accredited college or university with a
  100  concentration in accounting and business courses as prescribed
  101  specified by the board by rule; and
  102         (b) The applicant shows that she or he has good moral
  103  character. For purposes of this paragraph, the term “good moral
  104  character” has the same meaning as provided in s. 473.308(6)(a)
  105  s. 473.308(7)(a). The board may refuse to allow an applicant to
  106  take the licensure examination for failure to satisfy this
  107  requirement if:
  108         1. The board finds a reasonable relationship between the
  109  lack of good moral character of the applicant and the
  110  professional responsibilities of a certified public accountant;
  111  and
  112         2. The finding by the board of lack of good moral character
  113  is supported by competent substantial evidence.
  114  
  115  If an applicant is found pursuant to this paragraph to be
  116  unqualified to take the licensure examination because of a lack
  117  of good moral character, the board must shall furnish to the
  118  applicant a statement containing the findings of the board, a
  119  complete record of the evidence upon which the determination was
  120  based, and a notice of the rights of the applicant to a
  121  rehearing and appeal.
  122         (4) The board shall have the authority to establish the
  123  standards for determining and shall determine:
  124         (a) What constitutes a passing grade for each subject or
  125  part of the licensure examination;
  126         (b) Which educational institutions, in addition to the
  127  universities in the State University System of Florida, shall be
  128  deemed to be accredited colleges or universities;
  129         (c) What courses and number of hours constitute a major in
  130  accounting; and
  131         (d) What courses and number of hours constitute additional
  132  accounting courses acceptable under s. 473.308(4).
  133         Section 5. Effective July 1, 2026, subsections (4) through
  134  (10) of section 473.308, Florida Statutes, are amended to read:
  135         473.308 Licensure.—
  136         (4)(a) An applicant for licensure must do at least one of
  137  the following:
  138         1. Complete have at least 150 semester hours of college
  139  education, including a baccalaureate or higher degree conferred
  140  by an accredited college or university, with a concentration in
  141  accounting and business as prescribed by the board; in the total
  142  educational program to the extent specified by the board.
  143         2. Hold a master’s degree in accounting or finance
  144  conferred by an accredited college or university with a
  145  concentration in accounting and business as prescribed by the
  146  board;
  147         3. Hold a baccalaureate degree in accounting or finance
  148  conferred by an accredited college or university with a
  149  concentration in accounting and business as prescribed by the
  150  board; or
  151         4. Hold a baccalaureate degree in any major course of study
  152  conferred by an accredited college or university and have
  153  completed coursework required for a concentration in accounting
  154  and business as prescribed by the board.
  155         (b) The board shall prescribe the coursework required for a
  156  concentration in accounting and business. The board may deem an
  157  applicant to have satisfied requirements for such coursework if
  158  the applicant receives a baccalaureate or higher degree in
  159  accounting or finance conferred by an accredited college or
  160  university in a state or territory of the United States. An
  161  applicant receiving a baccalaureate or higher degree with a
  162  major course of study other than accounting or finance must
  163  complete the coursework required for a concentration in
  164  accounting and business as prescribed by the board.
  165         (5)(a) An applicant for licensure who completes the
  166  education requirements under subparagraph (4)(a)1. or
  167  subparagraph (4)(a)2. after December 31, 2008, must show that he
  168  or she has had 1 year of work experience. An applicant who
  169  completes the education requirements under subparagraph (4)(a)3.
  170  or subparagraph (4)(a)4. must show 2 years of work experience.
  171         (b) Such work This experience includes shall include
  172  providing any type of service or advice involving the use of
  173  accounting, attest, compilation, management advisory, financial
  174  advisory, tax, or consulting skills, all of which must be
  175  verified by a certified public accountant who is licensed by a
  176  state or territory of the United States. This experience is
  177  acceptable if it was gained through employment in government,
  178  industry, academia, or public practice; constituted a
  179  substantial part of the applicant’s duties; and was verified by
  180  a certified public accountant licensed by a state or territory
  181  of the United States. The board shall adopt rules specifying
  182  standards and providing for the review and approval of the work
  183  experience required by this subsection section.
  184         (b) However, an applicant who completed the requirements of
  185  subsection (4) on or before December 31, 2008, and who passes
  186  the licensure examination on or before June 30, 2010, is exempt
  187  from the requirements of this subsection.
  188         (6)(a) An applicant for licensure must shall show that he
  189  or she the applicant has good moral character. For purposes of
  190  this paragraph, the term
  191         (7)(a) “good moral character” means a personal history of
  192  honesty, fairness, and respect for the rights of others and for
  193  the laws of this state and nation.
  194         (b) The board may refuse to certify an applicant for
  195  failure to satisfy this requirement if:
  196         1. The board finds a reasonable relationship between the
  197  lack of good moral character of the applicant and the
  198  professional responsibilities of a certified public accountant;
  199  and
  200         2. The finding by the board of lack of good moral character
  201  is supported by competent substantial evidence.
  202         (c) When an applicant is found to be unqualified for a
  203  license because of a lack of good moral character, the board
  204  shall furnish to the applicant a statement containing the
  205  findings of the board, a complete record of the evidence upon
  206  which the determination was based, and a notice of the rights of
  207  the applicant to a rehearing and appeal.
  208         (7)(8) The board shall certify as qualified for a license
  209  by endorsement an applicant who:
  210         (a) Is not licensed and has not been licensed in any state
  211  or territory and who has met the requirements of this section
  212  for education, work experience, and good moral character and has
  213  passed a national, regional, state, or territorial licensing
  214  examination that is substantially equivalent to the examination
  215  required by s. 473.306; or
  216         (b)1. holds an active a valid license as a certified public
  217  accountant to practice public accounting issued by another state
  218  or a territory of the United States, if the applicant has
  219  maintained good moral character and, at the time of licensure by
  220  such other state or territory, the applicant was required to
  221  show evidence of having obtained at least a baccalaureate degree
  222  from an accredited college or university and having passed the
  223  Uniform CPA Examination criteria for issuance of such license
  224  were substantially equivalent to the licensure criteria that
  225  existed in this state at the time the license was issued;
  226         2. Holds a valid license to practice public accounting
  227  issued by another state or territory of the United States but
  228  the criteria for issuance of such license did not meet the
  229  requirements of subparagraph 1.; has met the requirements of
  230  this section for education, work experience, and good moral
  231  character; and has passed a national, regional, state, or
  232  territorial licensing examination that is substantially
  233  equivalent to the examination required by s. 473.306; or
  234         3. Holds a valid license to practice public accounting
  235  issued by another state or territory of the United States for at
  236  least 10 years before the date of application; has passed a
  237  national, regional, state, or territorial licensing examination
  238  that is substantially equivalent to the examination required by
  239  s. 473.306; and has met the requirements of this section for
  240  good moral character.
  241         (9) If the applicant has at least 5 years of experience in
  242  the practice of public accountancy in the United States or in
  243  the practice of public accountancy or its equivalent in a
  244  foreign country that the International Qualifications Appraisal
  245  Board of the National Association of State Boards of Accountancy
  246  has determined has licensure standards that are substantially
  247  equivalent to those in the United States, or has at least 5
  248  years of work experience that meets the requirements of
  249  subsection (5), the board must waive the requirements of
  250  subsection (4) which are in excess of a baccalaureate degree.
  251  All experience that is used as a basis for waiving the
  252  requirements of subsection (4) must be while licensed as a
  253  certified public accountant by another state or territory of the
  254  United States or while licensed in the practice of public
  255  accountancy or its equivalent in a foreign country that the
  256  International Qualifications Appraisal Board of the National
  257  Association of State Boards of Accountancy has determined has
  258  licensure standards that are substantially equivalent to those
  259  in the United States. The board shall have the authority to
  260  establish the standards for experience that meet this
  261  requirement.
  262         (8)(10) The board may refuse to certify for licensure any
  263  applicant who is under investigation in another state for any
  264  act that would constitute a violation of this act or chapter
  265  455, until such time as the investigation is complete and
  266  disciplinary proceedings are have been terminated.
  267         Section 6. Section 473.3085, Florida Statutes, is created
  268  to read:
  269         473.3085 Licensure of international applicants.—
  270         (1) An international applicant who seeks licensure as a
  271  certified public accountant in this state must meet the
  272  requirements for education, work experience, and good moral
  273  character under s. 473.308.
  274         (2) An applicant must apply to the department for
  275  licensure.
  276         (3) An international applicant must create and maintain an
  277  online account with the department and provide an e-mail address
  278  to function as the primary means of contact for all
  279  communication from the department. An applicant must submit any
  280  change in e-mail address within 30 days after the change. All
  281  changes must be submitted through the department’s online
  282  system.
  283         (4) The department shall certify for licensure any
  284  applicant who satisfies the requirements of subsections (1) and
  285  (2), except the board may refuse to certify an applicant who has
  286  violated s. 473.322.
  287         (5) The department shall adopt rules to implement this
  288  section.
  289         Section 7. Paragraph (c) of subsection (1) of section
  290  473.312, Florida Statutes, is amended to read:
  291         473.312 Continuing education.—
  292         (1)
  293         (c) At least Not less than 5 percent of the total hours
  294  required by the board must shall be in ethics applicable to the
  295  practice of public accounting. This requirement shall be
  296  administered by providers approved by the board, and a majority
  297  of the hours must shall include a review of the provisions of
  298  chapter 455 and this chapter and the related administrative
  299  rules. Such requirement must be administered by reputable
  300  providers to be determined and provided by the board. The board
  301  shall give preference to corporations not for profit organized
  302  under chapter 617 who are exempt from taxation under s.
  303  501(c)(6) of the Internal Revenue Code and who demonstrate their
  304  experience, integrity, knowledge, practice, professional
  305  responsibility, and representation of the largest numbers of
  306  certified public accountants in this state.
  307         Section 8. Subsections (1) and (3) of section 473.3141,
  308  Florida Statutes, are amended to read:
  309         473.3141 Certified public accountants licensed in other
  310  states.—
  311         (1) Effective July 1, 2026 Except as otherwise provided in
  312  this chapter, an individual who holds an active license in good
  313  standing as a certified public accountant in another state or a
  314  territory of the United States and who does not have an office
  315  in this state has the privileges of Florida certified public
  316  accountants and may provide public accounting services in this
  317  state without obtaining a license under this chapter or
  318  notifying or registering with the board or paying a fee if, at
  319  the time of licensure by such other state or territory, the
  320  individual was required to show evidence of having obtained at
  321  least a baccalaureate degree and having passed the Uniform CPA
  322  Examination:
  323         (a) Holds a valid license as a certified public accountant
  324  from a state that the board or its designee has determined by
  325  rule to have adopted standards that are substantially equivalent
  326  to the certificate requirements in s. 5 of the Uniform
  327  Accountancy Act in the issuance of licenses; or
  328         (b) Holds a valid license as a certified public accountant
  329  from a state that has not been approved by the board as having
  330  adopted standards in substantial equivalence with s. 5 of the
  331  Uniform Accountancy Act, but obtains verification from the
  332  board, or its designee, as determined by rule, that the
  333  individual’s certified public accountant qualifications are
  334  substantially equivalent to the certificate requirements in s. 5
  335  of the Uniform Accountancy Act.
  336  
  337  The board shall define by rule what constitutes an office.
  338         (3) An individual certified public accountant from another
  339  state or a territory of the United States who practices pursuant
  340  to this section, and the firm that employs that individual, must
  341  shall both consent, as a condition of the privilege of
  342  practicing in this state:
  343         (a) To the personal and subject matter jurisdiction and
  344  disciplinary authority of the board;
  345         (b) To comply with this chapter and the applicable board
  346  rules;
  347         (c) That if the individual’s license as a certified public
  348  accountant from another the state or a territory of the United
  349  States becomes invalid of the individual’s principal place of
  350  business is no longer valid, the individual must will cease
  351  offering or rendering public accounting services in this state,
  352  individually and on behalf of a firm; and
  353         (d) To the appointment of the state board that issued the
  354  individual’s license as the agent upon whom process may be
  355  served in any action or proceeding by the board or department
  356  against the individual or firm.
  357         Section 9. For the purpose of incorporating the amendment
  358  made by this act to section 473.312, Florida Statutes, in
  359  references thereto, paragraph (b) of subsection (1) of section
  360  473.311, Florida Statutes, is reenacted to read:
  361         473.311 Renewal of license.—
  362         (1)
  363         (b) A nonresident licensee seeking renewal of a license in
  364  this state shall be determined to have met the continuing
  365  education requirements in s. 473.312, except for the
  366  requirements in s. 473.312(1)(c), if the licensee has complied
  367  with the continuing education requirements applicable in the
  368  state in which his or her office is located. If the state in
  369  which the nonresident licensee’s office is located has no
  370  continuing education requirements for license renewals, the
  371  nonresident licensee must comply with the continuing education
  372  requirements in s. 473.312.
  373         Section 10. Except as otherwise expressly provided in this
  374  act, this act shall take effect July 1, 2025.