CS for SB 160                                    First Engrossed
       
       
       
       
       
       
       
       
       2025160e1
       
    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 competitively
    8         procure contracted services with certain corporations
    9         not for profit for the performance of certain duties
   10         assigned to the Division of Certified Public
   11         Accounting of the Department of Business and
   12         Professional Regulation; authorizing the board to
   13         rescind such contracted services at any time by a
   14         majority vote; amending s. 473.306, F.S.; conforming a
   15         cross-reference; making a technical change; amending
   16         s. 473.308, F.S.; revising the education and work
   17         experience requirements for a certified public
   18         accountant license; directing the board to prescribe
   19         specified coursework for licensure; revising
   20         requirements for licensure by endorsement; revising
   21         requirements for licensure of international
   22         applicants; deleting obsolete language; amending s.
   23         473.312, F.S.; revising requirements for the approval
   24         of providers who administer continuing education on
   25         ethics for certified public accountants; requiring the
   26         board to give preference to certain providers;
   27         amending s. 473.3141, F.S.; revising requirements for
   28         certified public accountants licensed in another state
   29         or a territory of the United States to practice in
   30         this state without obtaining a license; reenacting s.
   31         473.311(1)(b), F.S., relating to renewal of license,
   32         to incorporate the amendment made to s. 473.312, F.S.,
   33         in references thereto; providing effective dates.
   34          
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Section 473.301, Florida Statutes, is amended to
   38  read:
   39         473.301 Purpose.—The Legislature recognizes that there is a
   40  public need for independent and objective certified public
   41  accountants and that it is necessary to regulate the practice of
   42  public accounting to assure the minimum competence of
   43  practitioners and the accuracy of audit statements upon which
   44  the public relies and to protect the public from dishonest
   45  practitioners and, therefore, deems it necessary in the interest
   46  of public welfare to regulate the practice of public accountancy
   47  in this state.
   48         Section 2. Subsection (9) of section 473.302, Florida
   49  Statutes, is amended to read:
   50         473.302 Definitions.—As used in this chapter, the term:
   51         (9) “Uniform Accountancy Act” means the Uniform Accountancy
   52  Act, Eighth Edition, dated January 2018 and published by the
   53  American Institute of Certified Public Accountants and the
   54  National Association of State Boards of Accountancy.
   55  
   56  However, these terms shall not include services provided by the
   57  American Institute of Certified Public Accountants or the
   58  Florida Institute of Certified Public Accountants, or any full
   59  service association of certified public accounting firms whose
   60  plans of administration have been approved by the board, to
   61  their members or services performed by these entities in
   62  reviewing the services provided to the public by members of
   63  these entities.
   64         Section 3. Subsection (1) of section 473.3035, Florida
   65  Statutes, is amended to read:
   66         473.3035 Division of Certified Public Accounting.—
   67         (1) All services concerning this chapter, including, but
   68  not limited to, recordkeeping services, examination services,
   69  legal services, and investigative services, and those services
   70  in chapter 455 necessary to perform the duties of this chapter
   71  are shall be provided by the Division of Certified Public
   72  Accounting. The board may, by majority vote, delegate a duty or
   73  duties to the appropriate division within the department or
   74  competitively procure contracted services pursuant to part I of
   75  chapter 287 for the performance of such duties, except for
   76  investigative services. All such contracted services must be
   77  fulfilled by corporations organized under chapter 617. The board
   78  may, by majority vote, rescind any such delegation of duties or
   79  contracted services at any time.
   80         Section 4. Effective January 1, 2026, subsection (3) of
   81  section 473.306, Florida Statutes, is amended, and subsection
   82  (4) of that section is republished, to read:
   83         473.306 Examinations.—
   84         (3) An applicant is entitled to take the licensure
   85  examination to practice in this state as a certified public
   86  accountant if:
   87         (a) The applicant has completed 120 semester hours or 180
   88  quarter hours from an accredited college or university with a
   89  concentration in accounting and business courses as prescribed
   90  specified by the board by rule; and
   91         (b) The applicant shows that she or he has good moral
   92  character. For purposes of this paragraph, the term “good moral
   93  character” has the same meaning as provided in s. 473.308(6)(a)
   94  s. 473.308(7)(a). The board may refuse to allow an applicant to
   95  take the licensure examination for failure to satisfy this
   96  requirement if:
   97         1. The board finds a reasonable relationship between the
   98  lack of good moral character of the applicant and the
   99  professional responsibilities of a certified public accountant;
  100  and
  101         2. The finding by the board of lack of good moral character
  102  is supported by competent substantial evidence.
  103  
  104  If an applicant is found pursuant to this paragraph to be
  105  unqualified to take the licensure examination because of a lack
  106  of good moral character, the board must shall furnish to the
  107  applicant a statement containing the findings of the board, a
  108  complete record of the evidence upon which the determination was
  109  based, and a notice of the rights of the applicant to a
  110  rehearing and appeal.
  111         (4) The board shall have the authority to establish the
  112  standards for determining and shall determine:
  113         (a) What constitutes a passing grade for each subject or
  114  part of the licensure examination;
  115         (b) Which educational institutions, in addition to the
  116  universities in the State University System of Florida, shall be
  117  deemed to be accredited colleges or universities;
  118         (c) What courses and number of hours constitute a major in
  119  accounting; and
  120         (d) What courses and number of hours constitute additional
  121  accounting courses acceptable under s. 473.308(4).
  122         Section 5. Effective January 1, 2026, subsections (4)
  123  through (10) of section 473.308, Florida Statutes, are amended
  124  to read:
  125         473.308 Licensure.—
  126         (4)(a) An applicant for licensure must do at least one of
  127  the following:
  128         1.Complete have at least 150 semester hours of college
  129  education, including a baccalaureate or higher degree conferred
  130  by an accredited college or university, with a concentration in
  131  accounting and business as prescribed by the board in the total
  132  educational program to the extent specified by the board.
  133         2.Hold a master’s 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         3.Hold a baccalaureate degree in accounting or finance
  138  conferred by an accredited college or university with a
  139  concentration in accounting and business as prescribed by the
  140  board.
  141         4.Hold a baccalaureate degree in any major course of study
  142  conferred by an accredited college or university and have
  143  completed coursework required for a concentration in accounting
  144  and business as prescribed by the board.
  145         (b)The board shall prescribe the coursework required for a
  146  concentration in accounting and business. The board may deem an
  147  applicant to have satisfied requirements for such coursework if
  148  the applicant receives a baccalaureate or higher degree in
  149  accounting or finance conferred by an accredited college or
  150  university in a state or territory of the United States. An
  151  applicant receiving a baccalaureate or higher degree with a
  152  major course of study other than accounting or finance must
  153  complete the coursework required for a concentration in
  154  accounting and business as prescribed by the board.
  155         (5)(a) An applicant for licensure who completes the
  156  education requirements under subparagraph (4)(a)1. or
  157  subparagraph (4)(a)2. after December 31, 2008, must show that he
  158  or she has had 1 year of work experience. An applicant who
  159  completes the education requirements under subparagraph (4)(a)3.
  160  or subparagraph (4)(a)4. must show 2 years of work experience.
  161         (b)Such work This experience includes shall include
  162  providing any type of service or advice involving the use of
  163  accounting, attest, compilation, management advisory, financial
  164  advisory, tax, or consulting skills, all of which must be
  165  verified by a certified public accountant who is licensed by a
  166  state or territory of the United States. This experience is
  167  acceptable if it was gained through employment in government,
  168  industry, academia, or public practice; constituted a
  169  substantial part of the applicant’s duties; and was verified by
  170  a certified public accountant licensed by a state or territory
  171  of the United States. The board shall adopt rules specifying
  172  standards and providing for the review and approval of the work
  173  experience required by this subsection section.
  174         (b)However, an applicant who completed the requirements of
  175  subsection (4) on or before December 31, 2008, and who passes
  176  the licensure examination on or before June 30, 2010, is exempt
  177  from the requirements of this subsection.
  178         (6)(a) An applicant for licensure must shall show that he
  179  or she the applicant has good moral character. For purposes of
  180  this paragraph, the term
  181         (7)(a) “good moral character” means a personal history of
  182  honesty, fairness, and respect for the rights of others and for
  183  the laws of this state and nation.
  184         (b) The board may refuse to certify an applicant for
  185  failure to satisfy this requirement if:
  186         1. The board finds a reasonable relationship between the
  187  lack of good moral character of the applicant and the
  188  professional responsibilities of a certified public accountant;
  189  and
  190         2. The finding by the board of lack of good moral character
  191  is supported by competent substantial evidence.
  192         (c) When an applicant is found to be unqualified for a
  193  license because of a lack of good moral character, the board
  194  shall furnish to the applicant a statement containing the
  195  findings of the board, a complete record of the evidence upon
  196  which the determination was based, and a notice of the rights of
  197  the applicant to a rehearing and appeal.
  198         (7)(8) The board shall certify as qualified for a license
  199  by endorsement an applicant who:
  200         (a)Is not licensed and has not been licensed in any state
  201  or territory and who has met the requirements of this section
  202  for education, work experience, and good moral character and has
  203  passed a national, regional, state, or territorial licensing
  204  examination that is substantially equivalent to the examination
  205  required by s. 473.306; or
  206         (b)1. holds an active a valid license in good standing to
  207  practice public accounting issued by another state or a
  208  territory of the United States, if the applicant has maintained
  209  good moral character and, at the time of licensure by such other
  210  state or territory, the applicant was required to show evidence
  211  of having obtained at least a baccalaureate degree from an
  212  accredited college or university and having passed the Uniform
  213  CPA Examination criteria for issuance of such license were
  214  substantially equivalent to the licensure criteria that existed
  215  in this state at the time the license was issued;
  216         2.Holds a valid license to practice public accounting
  217  issued by another state or territory of the United States but
  218  the criteria for issuance of such license did not meet the
  219  requirements of subparagraph 1.; has met the requirements of
  220  this section for education, work experience, and good moral
  221  character; and has passed a national, regional, state, or
  222  territorial licensing examination that is substantially
  223  equivalent to the examination required by s. 473.306; or
  224         3.Holds a valid license to practice public accounting
  225  issued by another state or territory of the United States for at
  226  least 10 years before the date of application; has passed a
  227  national, regional, state, or territorial licensing examination
  228  that is substantially equivalent to the examination required by
  229  s. 473.306; and has met the requirements of this section for
  230  good moral character.
  231         (8)(9)An international applicant who seeks licensure as a
  232  certified public accountant in this state must do at least one
  233  of the following:
  234         (a)Hold an active license in good standing to If the
  235  applicant has at least 5 years of experience in the practice of
  236  public accountancy in the United States or in the practice of
  237  public accountancy or its equivalent in a foreign country that
  238  the International Qualifications Appraisal Board of the National
  239  Association of State Boards of Accountancy has determined has
  240  licensure standards that are substantially equivalent to those
  241  in the United States, or has at least 5 years of work experience
  242  that meets the requirements of subsection (5), the board must
  243  waive the requirements of subsection (4) which are in excess of
  244  a baccalaureate degree. All experience that is used as a basis
  245  for waiving the requirements of subsection (4) must be while
  246  licensed as a certified public accountant by another state or
  247  territory of the United States or while licensed in the practice
  248  of public accounting, accountancy or its equivalent, in a
  249  foreign country that the International Qualifications Appraisal
  250  Board of the National Association of State Boards of Accountancy
  251  has determined has licensure standards equal that are
  252  substantially equivalent to those in the United States and has
  253  passed an exam pursuant to s. 473.306(5).
  254         (b)Hold an active license in good standing to practice
  255  public accounting, or its equivalent, in a foreign country that
  256  the International Qualifications Appraisal Board of the National
  257  Association of State Boards of Accountancy has not determined
  258  has licensure standards equal to those in the United States and
  259  has met the requirements for education, work experience, and
  260  good moral character under subsections (4), (5), and (6) and has
  261  passed the Uniform CPA exam. The board shall have the authority
  262  to establish the standards for experience that meet this
  263  requirement.
  264         (9)(10) The board may refuse to certify for licensure any
  265  applicant who is under investigation in another state for any
  266  act that would constitute a violation of this act or chapter
  267  455, until such time as the investigation is complete and
  268  disciplinary proceedings are have been terminated.
  269         Section 6. Paragraph (c) of subsection (1) of section
  270  473.312, Florida Statutes, is amended to read:
  271         473.312 Continuing education.—
  272         (1)
  273         (c) At least Not less than 5 percent of the total hours
  274  required by the board must shall be in ethics applicable to the
  275  practice of public accounting. This requirement shall be
  276  administered by providers approved by the board, and a majority
  277  of the hours must shall include a review of the provisions of
  278  chapter 455 and this chapter and the related administrative
  279  rules. Such requirement must be administered by reputable
  280  providers determined by the board. The board shall give
  281  preference to corporations not for profit organized under
  282  chapter 617 who are exempt from taxation under s. 501(c)(6) of
  283  the Internal Revenue Code and who demonstrate their experience,
  284  integrity, knowledge, practice, professional responsibility, and
  285  representation of the largest numbers of certified public
  286  accountants in this state.
  287         Section 7. Effective January 1, 2026, subsections (1) and
  288  (3) of section 473.3141, Florida Statutes, are amended to read:
  289         473.3141 Certified public accountants licensed in other
  290  states.—
  291         (1) Except as otherwise provided in this chapter, An
  292  individual who holds an active license in good standing to
  293  practice public accounting in another state or a territory of
  294  the United States and who does not have an office in this state
  295  has the privileges of Florida certified public accountants and
  296  may provide public accounting services in this state without
  297  obtaining a license under this chapter or notifying or
  298  registering with the board or paying a fee if, at the time of
  299  licensure by such other state or territory, the individual was
  300  required to show evidence of having obtained at least a
  301  baccalaureate degree and having passed the Uniform CPA
  302  Examination:
  303         (a) Holds a valid license as a certified public accountant
  304  from a state that the board or its designee has determined by
  305  rule to have adopted standards that are substantially equivalent
  306  to the certificate requirements in s. 5 of the Uniform
  307  Accountancy Act in the issuance of licenses; or
  308         (b) Holds a valid license as a certified public accountant
  309  from a state that has not been approved by the board as having
  310  adopted standards in substantial equivalence with s. 5 of the
  311  Uniform Accountancy Act, but obtains verification from the
  312  board, or its designee, as determined by rule, that the
  313  individual’s certified public accountant qualifications are
  314  substantially equivalent to the certificate requirements in s. 5
  315  of the Uniform Accountancy Act.
  316  
  317  The board shall define by rule what constitutes an office.
  318         (3) An individual certified public accountant from another
  319  state or a territory of the United States who practices pursuant
  320  to this section, and the firm that employs that individual, must
  321  shall both consent, as a condition of the privilege of
  322  practicing in this state:
  323         (a) To the personal and subject matter jurisdiction and
  324  disciplinary authority of the board;
  325         (b) To comply with this chapter and the applicable board
  326  rules;
  327         (c) That if the individual’s license as a certified public
  328  accountant from another the state or a territory of the United
  329  States becomes invalid of the individual’s principal place of
  330  business is no longer valid, the individual must will cease
  331  offering or rendering public accounting services in this state,
  332  individually and on behalf of a firm; and
  333         (d) To the appointment of the state board that issued the
  334  individual’s license as the agent upon whom process may be
  335  served in any action or proceeding by the board or department
  336  against the individual or firm.
  337         Section 8. For the purpose of incorporating the amendment
  338  made by this act to section 473.312, Florida Statutes, in
  339  references thereto, paragraph (b) of subsection (1) of section
  340  473.311, Florida Statutes, is reenacted to read:
  341         473.311 Renewal of license.—
  342         (1)
  343         (b) A nonresident licensee seeking renewal of a license in
  344  this state shall be determined to have met the continuing
  345  education requirements in s. 473.312, except for the
  346  requirements in s. 473.312(1)(c), if the licensee has complied
  347  with the continuing education requirements applicable in the
  348  state in which his or her office is located. If the state in
  349  which the nonresident licensee’s office is located has no
  350  continuing education requirements for license renewals, the
  351  nonresident licensee must comply with the continuing education
  352  requirements in s. 473.312.
  353         Section 9. Except as otherwise expressly provided in this
  354  act, this act shall take effect July 1, 2025.