Senate Bill sb1706

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    Florida Senate - 2002                                  SB 1706

    By Senator Carlton





    41-1721-02

  1                      A bill to be entitled

  2         An act relating to public accountancy; creating

  3         s. 473.3125, F.S.; requiring the Board of

  4         Accountancy to require, by rule, licensees to

  5         undergo periodic peer review as a condition of

  6         license renewal; providing requirements for the

  7         rules governing peer review; providing that the

  8         proceedings, records, and work papers of a

  9         review committee are privileged and

10         confidential and are not subject to discovery,

11         subpoena, or other means of legal process in a

12         civil action or arbitration; providing that

13         information or records that are publicly

14         available remain so following the use of such

15         information or records with respect to a peer

16         review; providing immunity from liability for

17         any action taken in good faith by a certified

18         public accountant as a member of a review

19         committee; providing immunity from liability

20         for a certified public accountant or other

21         individual who performs administrative services

22         for a review committee in good faith, without

23         malice, and on the basis of facts reasonably

24         known to exist; amending s. 473.323, F.S.;

25         authorizing the board to take disciplinary

26         action against a licensee who fails to provide

27         documentation of a satisfactory peer review;

28         providing an effective date.

29

30  Be It Enacted by the Legislature of the State of Florida:

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    Florida Senate - 2002                                  SB 1706
    41-1721-02




  1         Section 1.  Section 473.3125, Florida Statutes, is

  2  created to read:

  3         473.3125  Peer review.--

  4         (1)  The board shall require, by rule, each licensee to

  5  undergo a peer review at least once every 3 years as a

  6  condition of license renewal. The peer review must be

  7  conducted in a manner prescribed by the board. A satisfactory

  8  result for a peer review means that the firm has undergone the

  9  entire peer-review process and the report on the peer review

10  indicates that the firm maintains acceptable standards of

11  competence, as prescribed by the board. The review must

12  include a verification that individuals in the firm who are

13  responsible for supervising the attest and compilation

14  services and who sign, or authorize another to sign, an

15  accountant's report of a financial statement on behalf of the

16  firm meet the competency requirements set forth in the

17  professional standards for such services. Rules governing

18  professional standards must:

19         (a)  Include reasonable provision for compliance by a

20  firm showing that the firm has, within the preceding 3 years,

21  undergone a peer review that is a satisfactory equivalent to

22  the peer review required under this section and provide

23  documentation that a satisfactory result was received.

24         (b)  Require that the peer review be subject to

25  oversight by an oversight body that is established or

26  sanctioned by board rule, which body shall periodically report

27  to the board on the effectiveness of the review program under

28  its charge and provide to the board a listing of firms that

29  have participated in a peer-review program that is

30  satisfactory to the board.

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    Florida Senate - 2002                                  SB 1706
    41-1721-02




  1         (c)  Require that the peer-review process be operated

  2  and documents maintained in a manner designed to preserve

  3  confidentiality and ensure that the board or a third party,

  4  other than the oversight body, does not have access to

  5  documents furnished or generated during the course of the peer

  6  review.

  7         (2)  The proceedings, records, and work papers of a

  8  review committee are privileged and confidential and are not

  9  subject to discovery, subpoena, or other means of legal

10  process or introduction into evidence in any civil action or

11  arbitration, and a member of the review committee or person

12  who was involved in the peer-review process may not be

13  permitted or required to testify in any civil action or

14  arbitration proceeding as to any matters produced, presented,

15  disclosed, or discussed during or in connection with the

16  peer-review process or as to any findings, recommendations,

17  evaluations, opinions, or other actions of such committee or

18  any member thereof. However, information, documents, or

19  records that are publicly available are not immune from

20  discovery or use in any civil action or arbitration proceeding

21  merely because the information, documents, or records were

22  presented or considered in connection with the peer-review

23  process. The privilege created by this subsection does not

24  apply to materials prepared in connection with a particular

25  engagement merely because the materials are subsequently

26  presented or considered as part of the peer-review process and

27  the privilege does not apply to any dispute between a review

28  committee and a person or firm subject to a review arising

29  from the performance of the peer review.

30         (3)(a)  A certified public accountant who serves on a

31  review committee is immune from liability with respect to any

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    Florida Senate - 2002                                  SB 1706
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  1  action taken by the accountant in good faith as a member of

  2  the review committee.

  3         (b)  A certified public accountant or any other

  4  individual appointed or authorized to perform administrative

  5  services for a review committee is immune from liability for

  6  furnishing information, data, reports, or records to any

  7  review committee or for damages resulting from any decision,

  8  opinion, action, or proceeding rendered, entered, or acted

  9  upon by the review committee which is undertaken or performed

10  within the scope or function of the duties of the review

11  committee, if made or taken in good faith, without malice, and

12  on the basis of facts reasonably known or reasonably believed

13  to exist.

14         Section 2.  Paragraph (n) is added to subsection (1) of

15  section 473.323, Florida Statutes, to read:

16         473.323  Disciplinary proceedings.--

17         (1)  The following acts constitute grounds for which

18  the disciplinary actions in subsection (3) may be taken:

19         (n)  Failing to provide to the board documentation of a

20  satisfactory peer review.

21         Section 3.  This act shall take effect July 1, 2002.

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23            *****************************************

24                          SENATE SUMMARY

25    Requires that the Board of Accountancy require, by rule,
      licensees to undergo peer review at least once every 3
26    years as a condition of license renewal. Provides that
      records and work papers of a review committee are
27    privileged and confidential and not subject to discovery
      or subpoena. Provides immunity from liability for actions
28    taken in good faith by a certified public accountant or
      other individual with respect to a peer review.
29    Authorizes the board to take disciplinary action against
      a licensee who fails to provide documentation of a
30    satisfactory peer review. (See bill for details.)

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