Florida Senate - 2011                                     SB 662
       
       
       
       By Senator Jones
       
       
       
       
       13-00321-11                                            2011662__
    1                        A bill to be entitled                      
    2         An act relating to public accountancy; creating s.
    3         473.3066, F.S.; authorizing the Board of Accountancy
    4         to establish a peer review oversight committee;
    5         providing for membership and duties of the oversight
    6         committee; requiring the board to adopt rules under
    7         certain circumstances; amending s. 473.311, F.S.;
    8         revising licensure renewal requirements for firms
    9         engaged in certain aspects of the practice of public
   10         accounting; requiring such firms to comply with
   11         certain peer review requirements; providing an
   12         exception; creating s. 473.3125, F.S.; defining terms
   13         for purposes of peer review requirements; requiring
   14         firms engaged in certain aspects of the practice of
   15         public accounting to enroll in peer review programs
   16         and undergo peer reviews; providing for the frequency
   17         of peer reviews; providing exceptions; requiring firms
   18         that fail a specified number of peer reviews to submit
   19         certain documentation to the board; requiring the
   20         board to establish minimum standards for peer review
   21         programs; providing for the approval of peer review
   22         administering organizations; requiring peer review
   23         administering organizations to submit certain
   24         information to the board; authorizing the board to
   25         withdraw approval of peer review administering
   26         organizations under certain circumstances; requiring
   27         the board to adopt rules; limiting the liability of
   28         certain persons relating to the performance of certain
   29         services and duties of peer review administering
   30         organizations; providing that the proceedings,
   31         records, and workpapers of peer review administering
   32         organizations are confidential and privileged;
   33         providing exceptions; prohibiting persons involved in
   34         peer reviews from testifying; amending s. 473.323,
   35         F.S.; providing additional grounds for the discipline
   36         of firms engaged in certain aspects of the practice of
   37         public accounting, to which penalties apply; revising
   38         requirements for reissuance of licenses after
   39         compliance with disciplinary final orders; conforming
   40         provisions; providing an effective date.
   41  
   42  Be It Enacted by the Legislature of the State of Florida:
   43  
   44         Section 1. Section 473.3066, Florida Statutes, is created
   45  to read:
   46         473.3066 Peer review oversight committee.—
   47         (1) The board may establish a peer review oversight
   48  committee to oversee the peer review requirements of s.
   49  473.3125.
   50         (2) If the board establishes the peer review oversight
   51  committee, the board shall adopt rules providing for the
   52  qualifications, appointment, and terms of committee members as
   53  follows:
   54         (a) The peer review oversight committee shall be composed
   55  of five or fewer members appointed by the board.
   56         (b) Each committee member must hold a valid license as a
   57  Florida certified public accountant.
   58         (c) Each committee member or his or her firm must have
   59  undergone a peer review and received a review rating of “pass”
   60  on the most recent peer review.
   61         (d) A committee member may not be a member of any state
   62  accountancy board, be a member of another state accountancy
   63  board committee, or perform any enforcement-related work for a
   64  state accountancy board.
   65         (e) Committee members shall serve for terms not to exceed 3
   66  years, except that the board, to establish staggered terms, may
   67  appoint members to initial terms that are shorter than the terms
   68  adopted by rule. The board shall fill the vacancy of a committee
   69  member for the unexpired portion of the member’s term in the
   70  same manner as the original appointment.
   71         (f) Committee members shall serve without compensation and
   72  are not entitled to reimbursement of per diem or travel
   73  expenses.
   74         (3) The rules, if adopted, shall also provide for the
   75  duties of the peer review oversight committee, which may
   76  include, but are not limited to:
   77         (a) Providing oversight for peer review programs and peer
   78  review administering organizations.
   79         (b) Periodically reporting to the board on the
   80  effectiveness of peer review programs and providing a list of
   81  licensees that participate in the programs.
   82         (c) Performing other duties relating to oversight of peer
   83  review programs.
   84         Section 2. Section 473.311, Florida Statutes, is amended to
   85  read:
   86         473.311 Renewal of license.—
   87         (1) The department shall renew a license issued under s.
   88  473.308 upon receipt of the renewal application and fee and upon
   89  certification by the board that the Florida certified public
   90  accountant has satisfactorily completed the continuing education
   91  requirements of s. 473.312.
   92         (2) Effective January 1, 2015, the department shall renew a
   93  license issued under s. 473.3101 upon certification by the board
   94  that the sole proprietor, partnership, corporation, limited
   95  liability company, or other firm engaged in the practice of
   96  public accounting as defined in s. 473.302(8)(a) has
   97  satisfactorily complied with the peer review requirements of s.
   98  473.3125 or that the board has extended the time to comply with
   99  the peer review requirements.
  100         (3)(2) The department shall adopt rules establishing a
  101  procedure for the biennial renewal of licenses issued under ss.
  102  473.308 and 473.3101.
  103         Section 3. Section 473.3125, Florida Statutes, is created
  104  to read:
  105         473.3125 Peer review.—
  106         (1) As used in this section, the term:
  107         (a) “Licensee” means a sole proprietor, partnership,
  108  corporation, limited liability company, or any other firm
  109  engaged in the practice of public accounting as defined in s.
  110  473.302(8)(a) which is required to be licensed under s.
  111  473.3101.
  112         (b) “Peer review” means the study, appraisal, or review by
  113  one or more independent certified public accountants of one or
  114  more aspects of the professional work of a licensee.
  115         (2)(a) Except as otherwise provided in paragraph (b) or
  116  paragraph (c), a licensee must:
  117         1. Enroll in the peer review program of a peer review
  118  administering organization approved by the board; and
  119         2. Undergo a complete peer review at least once every 3
  120  years, which is performed in the manner prescribed by this
  121  section and rules adopted by the board under this section and
  122  for which a peer review report is submitted to and accepted by
  123  the peer review administering organization.
  124         (b) A licensee is not required to enroll in a peer review
  125  program or undergo a peer review if the licensee does not engage
  126  in the practice of public accounting as defined in s.
  127  473.302(8)(a).
  128         (c) A licensee that is licensed for less than 18 months
  129  must enroll in a peer review program but is not required to
  130  undergo a peer review.
  131         (d) A licensee that receives a review rating of “fail” on
  132  two consecutive peer reviews must submit to the board any
  133  documentation requested by the board relating to the peer
  134  reviews for which the licensee received a review rating of
  135  “fail.”
  136         (3)(a) The board shall adopt rules establishing minimum
  137  standards for peer review programs, including, but not limited
  138  to, standards for administering, performing, and reporting peer
  139  reviews. The board shall also adopt rules establishing minimum
  140  criteria for the board’s approval of one or more peer review
  141  administering organizations to facilitate and administer peer
  142  review programs.
  143         (b) The rules shall require a peer review administering
  144  organization to submit to the board a written summary of the
  145  organization’s peer review program, including a description of
  146  its entire peer review process; the organization’s standards for
  147  administering, performing, and reporting peer reviews; oversight
  148  procedures; training requirements; and support materials.
  149         (c) The board may approve a peer review administering
  150  organization, if:
  151         1. The organization meets or exceeds the board’s minimum
  152  criteria for the approval of peer review administering
  153  organizations.
  154         2. The organization’s peer review program meets or exceeds
  155  the board’s minimum standards for peer review programs.
  156         3. The organization demonstrates the ability to administer
  157  its peer review program in the manner described in its written
  158  summary and to comply with the board’s minimum standards for
  159  peer review programs.
  160         (d) The board may withdraw its approval of a peer review
  161  administering organization if the organization fails to comply
  162  with this section or rules adopted by the board under this
  163  section.
  164         (4) A certified public accountant or other person appointed
  165  or authorized to perform administrative services for a peer
  166  review administering organization is immune from civil liability
  167  for furnishing information, data, reports, or records to the
  168  peer review administering organization or for damages resulting
  169  from any decision, opinion, action, or proceeding rendered,
  170  entered, or acted upon by the peer review administering
  171  organization which is undertaken or performed within the scope
  172  or function of the duties of the peer review administering
  173  organization.
  174         (5) The proceedings, records, and workpapers of a peer
  175  review administering organization are privileged, confidential,
  176  and not subject to discovery, subpoena, or other means of legal
  177  process or to introduction into evidence in a civil action or
  178  arbitration proceeding. A person who is involved in a peer
  179  review may not testify in a civil action or arbitration
  180  proceeding as to any matter produced, presented, disclosed, or
  181  discussed during or in connection with the peer review or as to
  182  any finding, recommendation, evaluation, opinion, or other
  183  action of the peer review administering organization. Public
  184  records and materials prepared for a particular engagement are
  185  not privileged merely because they were presented or considered
  186  as part of a peer review. This privilege does not apply to any
  187  dispute between a peer review administering organization and the
  188  licensee subject to a review arising from the performance of the
  189  peer review.
  190         Section 4. Section 473.323, Florida Statutes, is amended to
  191  read:
  192         473.323 Disciplinary proceedings.—
  193         (1) The following acts constitute grounds for which The
  194  disciplinary actions in subsection (3) may be taken against any
  195  certified public accountant or firm that:
  196         (a) Violates Violation of any provision of s. 455.227(1) or
  197  any other provision of this chapter.
  198         (b) Attempts Attempting to procure a license to practice
  199  public accounting by bribery or fraudulent misrepresentations.
  200         (c) Has Having a license to practice public accounting
  201  revoked, suspended, or otherwise acted against, including the
  202  denial of licensure, by the licensing authority of another
  203  state, territory, or country.
  204         (d) Is Being convicted or found guilty of, or enters
  205  entering a plea of nolo contendere to, regardless of
  206  adjudication, a crime in any jurisdiction which directly relates
  207  to the practice of public accounting or the ability to practice
  208  public accounting.
  209         (e) Makes Making or files filing a report or record that
  210  the certified public accountant or firm knows to be false,
  211  willfully fails failing to file a report or record required by
  212  state or federal law, willfully impedes impeding or obstructs
  213  obstructing such filing, or induces inducing another person to
  214  impede or obstruct such filing. Such reports or records include
  215  only those that are signed in the capacity of a certified public
  216  accountant.
  217         (f) Advertises Advertising goods or services in a manner
  218  that is fraudulent, false, deceptive, or misleading in form or
  219  content.
  220         (g) Commits Committing an act of fraud or deceit, or of
  221  negligence, incompetency, or misconduct, in the practice of
  222  public accounting.
  223         (h) Violates Violation of any rule adopted under pursuant
  224  to this chapter or chapter 455.
  225         (i) Practices public accounting with Practicing on a
  226  revoked, suspended, inactive, or delinquent license.
  227         (j) Has Suspension or revocation of the right to practice
  228  public accounting suspended or revoked by before any state or
  229  federal agency.
  230         (k) Performs Performance of any fraudulent act in any
  231  jurisdiction while holding a license to practice public
  232  accounting in this state or while using practice privileges in
  233  this state.
  234         (l) Fails Failing to maintain a good moral character as
  235  provided in s. 473.308 while applying for licensure, or while
  236  licensed in this state, or while using practice privileges under
  237  pursuant to s. 473.3141.
  238         (m) Fails Failing to provide any written disclosure to a
  239  client or the public which is required by this chapter or rule
  240  adopted by of the board.
  241         (n) Has Having the same or equivalent practice privileges
  242  of a Florida certified public accountant or firm revoked,
  243  suspended, or otherwise acted against by the licensing authority
  244  of another state, territory, or country as a result of activity
  245  in that jurisdiction which would have subjected the Florida
  246  certified public accountant or firm to discipline in this state.
  247  
  248  (2) The board shall specify, by rule, what acts or omissions
  249  constitute a violation of this subsection (1).
  250         (2) The disciplinary actions in subsection (3) may be taken
  251  against any licensed audit firm or public accounting firm
  252  licensed under s. 473.3101 engaged in the practice of public
  253  accounting as defined in s. 473.302(8)(a) that:
  254         (a) Fails to enroll in a peer review program or undergo a
  255  peer review as required under s. 473.3125.
  256         (b) Engages in material noncooperation with a peer review
  257  administering organization approved by the board under s.
  258  473.3125.
  259         (3) When the board finds any certified public accountant or
  260  firm guilty of any of the grounds set forth in subsection (1),
  261  or finds any licensed audit firm or public accounting firm
  262  licensed under s. 473.3101 engaged in the practice of public
  263  accounting as defined in s. 473.302(8)(a) guilty of any of the
  264  grounds set forth in subsection (2), the board it may enter an
  265  order imposing one or more of the following penalties:
  266         (a) Denial of an application for licensure.
  267         (b) Revocation or suspension of the certified public
  268  accountant or licensed audit firm’s or public accounting firm’s
  269  license or practice privileges in this state.
  270         (c) Imposition of an administrative fine not to exceed
  271  $5,000 for each count or separate offense.
  272         (d) Issuance of a reprimand.
  273         (e) Placement of the certified public accountant on
  274  probation for a period of time and subject to such conditions as
  275  the board may specify, including requiring the certified public
  276  accountant to attend continuing education courses or to work
  277  under the supervision of another certified public accountant
  278  licensee.
  279         (f) Restriction of the authorized scope of practice by the
  280  certified public accountant.
  281         (4) The department shall, reissue the license of a
  282  disciplined licensee upon certification by the board that a
  283  certified public accountant, licensed audit firm, or public
  284  accounting firm whose license was subject to discipline the
  285  disciplined licensee has complied with all of the terms and
  286  conditions set forth in the final order, reissue the license
  287  under s. 473.311.
  288         Section 5. This act shall take effect July 1, 2011.