Florida Senate - 2025                              CS for SB 160
       
       
        
       By the Committee on Regulated Industries; and Senators Gruters
       and Boyd
       
       
       
       
       580-02000-25                                           2025160c1
    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         revising requirements for licensure of international
   19         applicants; deleting obsolete language; amending s.
   20         473.312, F.S.; revising requirements for the approval
   21         of providers who administer continuing education on
   22         ethics for certified public accountants; requiring the
   23         board to give preference to certain providers;
   24         amending s. 473.3141, F.S.; revising requirements for
   25         certified public accountants licensed in another state
   26         or a territory of the United States to practice in
   27         this state without obtaining a license; reenacting s.
   28         473.311(1)(b), F.S., relating to renewal of license,
   29         to incorporate the amendment made to s. 473.312, F.S.,
   30         in references thereto; providing effective dates.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Section 473.301, Florida Statutes, is amended to
   35  read:
   36         473.301 Purpose.—The Legislature recognizes that there is a
   37  public need for independent and objective certified public
   38  accountants and that it is necessary to regulate the practice of
   39  public accounting to assure the minimum competence of
   40  practitioners and the accuracy of audit statements upon which
   41  the public relies and to protect the public from dishonest
   42  practitioners and, therefore, deems it necessary in the interest
   43  of public welfare to regulate the practice of public accountancy
   44  in this state.
   45         Section 2. Subsection (9) of section 473.302, Florida
   46  Statutes, is amended to read:
   47         473.302 Definitions.—As used in this chapter, the term:
   48         (9) “Uniform Accountancy Act” means the Uniform Accountancy
   49  Act, Eighth Edition, dated January 2018 and published by the
   50  American Institute of Certified Public Accountants and the
   51  National Association of State Boards of Accountancy.
   52  
   53  However, these terms shall not include services provided by the
   54  American Institute of Certified Public Accountants or the
   55  Florida Institute of Certified Public Accountants, or any full
   56  service association of certified public accounting firms whose
   57  plans of administration have been approved by the board, to
   58  their members or services performed by these entities in
   59  reviewing the services provided to the public by members of
   60  these entities.
   61         Section 3. Subsection (1) of section 473.3035, Florida
   62  Statutes, is amended to read:
   63         473.3035 Division of Certified Public Accounting.—
   64         (1) All services concerning this chapter, including, but
   65  not limited to, recordkeeping services, examination services,
   66  legal services, and investigative services, and those services
   67  in chapter 455 necessary to perform the duties of this chapter
   68  are assigned to shall be provided by the Division of Certified
   69  Public Accounting. The board may, by majority vote, delegate
   70  such a duty or duties to the appropriate division within the
   71  department or contract pursuant to part I of chapter 287 for the
   72  performance of such duties by corporations not for profit
   73  organized before 2024 under chapter 617. The board may, by
   74  majority vote, rescind any such delegation of duties at any
   75  time.
   76         Section 4. Effective January 1, 2026, subsection (3) of
   77  section 473.306, Florida Statutes, is amended, and subsection
   78  (4) of that section is republished, to read:
   79         473.306 Examinations.—
   80         (3) An applicant is entitled to take the licensure
   81  examination to practice in this state as a certified public
   82  accountant if:
   83         (a) The applicant has completed 120 semester hours or 180
   84  quarter hours from an accredited college or university with a
   85  concentration in accounting and business courses as prescribed
   86  specified by the board by rule; and
   87         (b) The applicant shows that she or he has good moral
   88  character. For purposes of this paragraph, the term “good moral
   89  character” has the same meaning as provided in s. 473.308(6)(a)
   90  s. 473.308(7)(a). The board may refuse to allow an applicant to
   91  take the licensure examination for failure to satisfy this
   92  requirement if:
   93         1. The board finds a reasonable relationship between the
   94  lack of good moral character of the applicant and the
   95  professional responsibilities of a certified public accountant;
   96  and
   97         2. The finding by the board of lack of good moral character
   98  is supported by competent substantial evidence.
   99  
  100  If an applicant is found pursuant to this paragraph to be
  101  unqualified to take the licensure examination because of a lack
  102  of good moral character, the board must shall furnish to the
  103  applicant a statement containing the findings of the board, a
  104  complete record of the evidence upon which the determination was
  105  based, and a notice of the rights of the applicant to a
  106  rehearing and appeal.
  107         (4) The board shall have the authority to establish the
  108  standards for determining and shall determine:
  109         (a) What constitutes a passing grade for each subject or
  110  part of the licensure examination;
  111         (b) Which educational institutions, in addition to the
  112  universities in the State University System of Florida, shall be
  113  deemed to be accredited colleges or universities;
  114         (c) What courses and number of hours constitute a major in
  115  accounting; and
  116         (d) What courses and number of hours constitute additional
  117  accounting courses acceptable under s. 473.308(4).
  118         Section 5. Effective January 1, 2026, subsections (4)
  119  through (10) of section 473.308, Florida Statutes, are amended
  120  to read:
  121         473.308 Licensure.—
  122         (4)(a) An applicant for licensure must do at least one of
  123  the following:
  124         1.Complete have at least 150 semester hours of college
  125  education, including a baccalaureate or higher degree conferred
  126  by an accredited college or university, with a concentration in
  127  accounting and business as prescribed by the board in the total
  128  educational program to the extent specified by the board.
  129         2.Hold a master’s degree in accounting or finance
  130  conferred by an accredited college or university with a
  131  concentration in accounting and business as prescribed by the
  132  board.
  133         3.Hold a baccalaureate degree in accounting or finance
  134  conferred by an accredited college or university with a
  135  concentration in accounting and business as prescribed by the
  136  board.
  137         4.Hold a baccalaureate degree in any major course of study
  138  conferred by an accredited college or university and have
  139  completed coursework required for a concentration in accounting
  140  and business as prescribed by the board.
  141         (b)The board shall prescribe the coursework required for a
  142  concentration in accounting and business. The board may deem an
  143  applicant to have satisfied requirements for such coursework if
  144  the applicant receives a baccalaureate or higher degree in
  145  accounting or finance conferred by an accredited college or
  146  university in a state or territory of the United States. An
  147  applicant receiving a baccalaureate or higher degree with a
  148  major course of study other than accounting or finance must
  149  complete the coursework required for a concentration in
  150  accounting and business as prescribed by the board.
  151         (5)(a) An applicant for licensure who completes the
  152  education requirements under subparagraph (4)(a)1. or
  153  subparagraph (4)(a)2. after December 31, 2008, must show that he
  154  or she has had 1 year of work experience. An applicant who
  155  completes the education requirements under subparagraph (4)(a)3.
  156  or subparagraph (4)(a)4. must show 2 years of work experience.
  157         (b)Such work This experience includes shall include
  158  providing any type of service or advice involving the use of
  159  accounting, attest, compilation, management advisory, financial
  160  advisory, tax, or consulting skills, all of which must be
  161  verified by a certified public accountant who is licensed by a
  162  state or territory of the United States. This experience is
  163  acceptable if it was gained through employment in government,
  164  industry, academia, or public practice; constituted a
  165  substantial part of the applicant’s duties; and was verified by
  166  a certified public accountant licensed by a state or territory
  167  of the United States. The board shall adopt rules specifying
  168  standards and providing for the review and approval of the work
  169  experience required by this subsection section.
  170         (b)However, an applicant who completed the requirements of
  171  subsection (4) on or before December 31, 2008, and who passes
  172  the licensure examination on or before June 30, 2010, is exempt
  173  from the requirements of this subsection.
  174         (6)(a) An applicant for licensure must shall show that he
  175  or she the applicant has good moral character. For purposes of
  176  this paragraph, the term
  177         (7)(a) “good moral character” means a personal history of
  178  honesty, fairness, and respect for the rights of others and for
  179  the laws of this state and nation.
  180         (b) The board may refuse to certify an applicant for
  181  failure to satisfy this requirement if:
  182         1. The board finds a reasonable relationship between the
  183  lack of good moral character of the applicant and the
  184  professional responsibilities of a certified public accountant;
  185  and
  186         2. The finding by the board of lack of good moral character
  187  is supported by competent substantial evidence.
  188         (c) When an applicant is found to be unqualified for a
  189  license because of a lack of good moral character, the board
  190  shall furnish to the applicant a statement containing the
  191  findings of the board, a complete record of the evidence upon
  192  which the determination was based, and a notice of the rights of
  193  the applicant to a rehearing and appeal.
  194         (7)(8) The board shall certify as qualified for a license
  195  by endorsement an applicant who:
  196         (a)Is not licensed and has not been licensed in any state
  197  or territory and who has met the requirements of this section
  198  for education, work experience, and good moral character and has
  199  passed a national, regional, state, or territorial licensing
  200  examination that is substantially equivalent to the examination
  201  required by s. 473.306; or
  202         (b)1. holds an active a valid license in good standing to
  203  practice public accounting issued by another state or a
  204  territory of the United States, if the applicant has maintained
  205  good moral character and, at the time of licensure by such other
  206  state or territory, the applicant was required to show evidence
  207  of having obtained at least a baccalaureate degree from an
  208  accredited college or university and having passed the Uniform
  209  CPA Examination criteria for issuance of such license were
  210  substantially equivalent to the licensure criteria that existed
  211  in this state at the time the license was issued;
  212         2.Holds a valid license to practice public accounting
  213  issued by another state or territory of the United States but
  214  the criteria for issuance of such license did not meet the
  215  requirements of subparagraph 1.; has met the requirements of
  216  this section for education, work experience, and good moral
  217  character; and has passed a national, regional, state, or
  218  territorial licensing examination that is substantially
  219  equivalent to the examination required by s. 473.306; or
  220         3.Holds a valid license to practice public accounting
  221  issued by another state or territory of the United States for at
  222  least 10 years before the date of application; has passed a
  223  national, regional, state, or territorial licensing examination
  224  that is substantially equivalent to the examination required by
  225  s. 473.306; and has met the requirements of this section for
  226  good moral character.
  227         (8)(9)An international applicant who seeks licensure as a
  228  certified public accountant in this state must do at least one
  229  of the following:
  230         (a)Hold an active license in good standing to If the
  231  applicant has at least 5 years of experience in the practice of
  232  public accountancy in the United States or in the practice of
  233  public accountancy or its equivalent in a foreign country that
  234  the International Qualifications Appraisal Board of the National
  235  Association of State Boards of Accountancy has determined has
  236  licensure standards that are substantially equivalent to those
  237  in the United States, or has at least 5 years of work experience
  238  that meets the requirements of subsection (5), the board must
  239  waive the requirements of subsection (4) which are in excess of
  240  a baccalaureate degree. All experience that is used as a basis
  241  for waiving the requirements of subsection (4) must be while
  242  licensed as a certified public accountant by another state or
  243  territory of the United States or while licensed in the practice
  244  of public accounting, accountancy or its equivalent, in a
  245  foreign country that the International Qualifications Appraisal
  246  Board of the National Association of State Boards of Accountancy
  247  has determined has licensure standards equal that are
  248  substantially equivalent to those in the United States and has
  249  passed an exam pursuant to s. 473.306(5).
  250         (b)Hold an active license in good standing to practice
  251  public accounting, or its equivalent, in a foreign country that
  252  the International Qualifications Appraisal Board of the National
  253  Association of State Boards of Accountancy has not determined
  254  has licensure standards equal to those in the United States and
  255  has met the requirements for education, work experience, and
  256  good moral character under subsections (4), (5), and (6) and has
  257  passed the Uniform CPA exam. The board shall have the authority
  258  to establish the standards for experience that meet this
  259  requirement.
  260         (9)(10) The board may refuse to certify for licensure any
  261  applicant who is under investigation in another state for any
  262  act that would constitute a violation of this act or chapter
  263  455, until such time as the investigation is complete and
  264  disciplinary proceedings are have been terminated.
  265         Section 6. Paragraph (c) of subsection (1) of section
  266  473.312, Florida Statutes, is amended to read:
  267         473.312 Continuing education.—
  268         (1)
  269         (c) At least Not less than 5 percent of the total hours
  270  required by the board must shall be in ethics applicable to the
  271  practice of public accounting. This requirement shall be
  272  administered by providers approved by the board, and a majority
  273  of the hours must shall include a review of the provisions of
  274  chapter 455 and this chapter and the related administrative
  275  rules. Such requirement must be administered by reputable
  276  providers determined by the board. The board shall give
  277  preference to corporations not for profit organized under
  278  chapter 617 who are exempt from taxation under s. 501(c)(6) of
  279  the Internal Revenue Code and who demonstrate their experience,
  280  integrity, knowledge, practice, professional responsibility, and
  281  representation of the largest numbers of certified public
  282  accountants in this state.
  283         Section 7. Effective January 1, 2026, subsections (1) and
  284  (3) of section 473.3141, Florida Statutes, are amended to read:
  285         473.3141 Certified public accountants licensed in other
  286  states.—
  287         (1) Except as otherwise provided in this chapter, An
  288  individual who holds an active license in good standing to
  289  practice public accounting in another state or a territory of
  290  the United States and who does not have an office in this state
  291  has the privileges of Florida certified public accountants and
  292  may provide public accounting services in this state without
  293  obtaining a license under this chapter or notifying or
  294  registering with the board or paying a fee if, at the time of
  295  licensure by such other state or territory, the individual was
  296  required to show evidence of having obtained at least a
  297  baccalaureate degree and having passed the Uniform CPA
  298  Examination:
  299         (a) Holds a valid license as a certified public accountant
  300  from a state that the board or its designee has determined by
  301  rule to have adopted standards that are substantially equivalent
  302  to the certificate requirements in s. 5 of the Uniform
  303  Accountancy Act in the issuance of licenses; or
  304         (b) Holds a valid license as a certified public accountant
  305  from a state that has not been approved by the board as having
  306  adopted standards in substantial equivalence with s. 5 of the
  307  Uniform Accountancy Act, but obtains verification from the
  308  board, or its designee, as determined by rule, that the
  309  individual’s certified public accountant qualifications are
  310  substantially equivalent to the certificate requirements in s. 5
  311  of the Uniform Accountancy Act.
  312  
  313  The board shall define by rule what constitutes an office.
  314         (3) An individual certified public accountant from another
  315  state or a territory of the United States who practices pursuant
  316  to this section, and the firm that employs that individual, must
  317  shall both consent, as a condition of the privilege of
  318  practicing in this state:
  319         (a) To the personal and subject matter jurisdiction and
  320  disciplinary authority of the board;
  321         (b) To comply with this chapter and the applicable board
  322  rules;
  323         (c) That if the individual’s license as a certified public
  324  accountant from another the state or a territory of the United
  325  States becomes invalid of the individual’s principal place of
  326  business is no longer valid, the individual must will cease
  327  offering or rendering public accounting services in this state,
  328  individually and on behalf of a firm; and
  329         (d) To the appointment of the state board that issued the
  330  individual’s license as the agent upon whom process may be
  331  served in any action or proceeding by the board or department
  332  against the individual or firm.
  333         Section 8. For the purpose of incorporating the amendment
  334  made by this act to section 473.312, Florida Statutes, in
  335  references thereto, paragraph (b) of subsection (1) of section
  336  473.311, Florida Statutes, is reenacted to read:
  337         473.311 Renewal of license.—
  338         (1)
  339         (b) A nonresident licensee seeking renewal of a license in
  340  this state shall be determined to have met the continuing
  341  education requirements in s. 473.312, except for the
  342  requirements in s. 473.312(1)(c), if the licensee has complied
  343  with the continuing education requirements applicable in the
  344  state in which his or her office is located. If the state in
  345  which the nonresident licensee’s office is located has no
  346  continuing education requirements for license renewals, the
  347  nonresident licensee must comply with the continuing education
  348  requirements in s. 473.312.
  349         Section 9. Except as otherwise expressly provided in this
  350  act, this act shall take effect July 1, 2025.