HB 797

1	A bill to be entitled
2	An act relating to public accountancy; amending s.
3	473.306, F.S.; revising prerequisites for taking the
4	examination for licensure as a certified public
5	accountant; eliminating certain obsolete provisions;
6	amending s. 473.308, F.S.; revising and updating the
7	requirements for education and work experience; requiring
8	the Board of Accountancy to adopt rules governing
9	requirements for work experience; clarifying provisions
10	that specify what constitutes good moral character for
11	purposes of qualifying for licensure as a certified public
12	accountant; revising provisions governing licensure by
13	endorsement; amending s. 473.323, F.S.; correcting a
14	cross-reference; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Section 473.306, Florida Statutes, is amended
19	to read:
20	473.306  Examinations.--
21	(1)  A person desiring to be licensed as a Florida
22	certified public accountant shall apply to the department to
23	take the for licensure examination.
24	(2)  An applicant is entitled to take the licensure
25	examination to practice in this state as a certified public
26	accountant if the applicant has completed 120 semester hours or
27	160 quarter hours from an accredited college or university with
28	a concentration in accounting and business courses as specified
29	by the board by rule.:
30	(a)  Is of good moral character; and
31	(b)  Has met the following educational requirements from an
32	accredited college or university:
33	1.  If application is made prior to August 2, 1983, a
34	baccalaureate degree with a major in accounting or its
35	equivalent with a concentration in accounting and business to
36	the extent specified by the board.
37	2.  If application is made after August 1, 1983, a
38	baccalaureate degree with a major in accounting or its
39	equivalent plus at least 30 semester or 45 quarter hours in
40	excess of those required for a 4-year baccalaureate degree, with
41	a concentration in accounting and business in the total
42	educational program to the extent specified by the board.
43	(3)  The board shall have the authority to establish the
44	standards for determining and shall determine:
45	(a)  What constitutes a passing grade for each subject or
46	part of the licensure examination;
47	(b)  Which educational institutions, in addition to the
48	universities in the State University System of Florida, shall be
49	deemed to be accredited colleges or universities;
50	(c)  What courses and number of hours constitute a major in
51	accounting; and
52	(d)  What courses and number of hours constitute additional
53	accounting courses acceptable under s. 473.308(3) subparagraph
54	(2)(b)2.
55	(4)(a)  "Good moral character" means a personal history of
56	honesty, fairness, and respect for the rights of others and for
57	the laws of this state and nation.
58	(b)  The board may refuse to certify an applicant for
59	failure to satisfy this requirement if:
60	1.  The board finds a reasonable relationship between the
61	lack of good moral character of the applicant and the
62	professional responsibilities of a certified public accountant;
63	and
64	2.  The finding by the board of lack of good moral
65	character is supported by competent substantial evidence.
66	(c)  When an applicant is found to be unqualified for a
67	license because of a lack of good moral character, the board
68	shall furnish the applicant a statement containing the findings
69	of the board, a complete record of the evidence upon which the
70	determination was based, and a notice of the rights of the
71	applicant to a rehearing and appeal.
72	(4)(5)  The board may adopt an alternative licensure
73	examination for persons who have been licensed to practice
74	public accountancy or its equivalent in a foreign country so
75	long as the International Qualifications Appraisal Board of the
76	National Association of State Boards of Accountancy has ratified
77	an agreement with that country for reciprocal licensure.
78	(5)(6)  For the purposes of maintaining the proper
79	educational qualifications for licensure under this chapter, the
80	board may appoint an Educational Advisory Committee, which shall
81	be composed of one member of the board, two persons in public
82	practice who are licensed under this chapter, and four
83	academicians on faculties of universities in this state.
84	Section 2.  Section 473.308, Florida Statutes, is amended
85	to read:
86	473.308  Licensure.--
87	(1)  A person desiring to be licensed as a Florida
88	certified public accountant in this state shall apply to the
89	department for licensure and the department shall license any
90	applicant who the board certifies is qualified to practice
91	public accounting.
92	(2)  The board shall certify for licensure any applicant
93	who successfully passes the licensure examination and satisfies
94	the requirements of subsections (3), (4), and (5), s. 473.306
95	and shall certify for licensure any firm that which satisfies
96	the requirements of ss. 473.309 and 473.3101. The board may
97	refuse to certify any applicant or firm that has violated any of
98	the provisions of s. 473.322.
99	(3)  An applicant for licensure must have received a
100	baccalaureate degree with a major in accounting or its
101	equivalent plus at least 30 semester hours or 45 quarter hours
102	in excess of those required for a 4-year baccalaureate degree,
103	with a concentration in accounting and business in the total
104	educational program to the extent specified by the board.
105	(4)  An applicant for licensure after December 31, 2008,
106	must show that he or she has had 1 year of work experience. This
107	experience shall include providing any type of service or advice
108	involving the use of accounting, attest, compilation, management
109	advisory, financial advisory, tax, or consulting skills, all of
110	which must be verified by a certified public accountant who is
111	licensed by a state or territory of the United States and who
112	has supervised the applicant. This experience is acceptable if
113	it was gained through employment in government, industry,
114	academia, or public practice; constituted a substantial part of
115	the applicant's duties; and was under the supervision of a
116	certified public accountant licensed by a state or territory of
117	the United States. The board shall adopt rules specifying
118	standards and providing for the review and approval of the work
119	experience required by this section.
120	(5)  An applicant for licensure shall show that the
121	applicant has good moral character.
122	(6)(a)  "Good moral character" means a personal history of
123	honesty, fairness, and respect for the rights of others and for
124	the laws of this state and nation.
125	(b)  The board may refuse to certify an applicant for
126	failure to satisfy this requirement if:
127	1.  The board finds a reasonable relationship between the
128	lack of good moral character of the applicant and the
129	professional responsibilities of a certified public accountant;
130	and
131	2.  The finding by the board of lack of good moral
132	character is supported by competent substantial evidence.
133	(c)  When an applicant is found to be unqualified for a
134	license because of a lack of good moral character, the board
135	shall furnish to the applicant a statement containing the
136	findings of the board, a complete record of the evidence upon
137	which the determination was based, and a notice of the rights of
138	the applicant to a rehearing and appeal.
139	(7)(3)  The board shall certify as qualified for a license
140	by endorsement an applicant who:
141	(a)1.  Is not licensed and has not been licensed in another
142	state or territory and who has met the requirements of this
143	section for education, work experience, and good moral character
144	qualifies to take the examination as set forth in s. 473.306 and
145	has passed a national, regional, state, or territorial licensing
146	examination that which is substantially equivalent to the
147	examination required by s. 473.306; and
148	2.  Has completed such continuing education courses as the
149	board deems appropriate, within the limits for each applicable
150	2-year period as set forth in s. 473.312, but at least such
151	courses as are equivalent to the continuing education
152	requirements for a Florida certified public accountant licensed
153	licensee in this state during the 2 years immediately preceding
154	her or his application for licensure by endorsement; or
155	(b)1.a.  Holds a valid license to practice public
156	accounting issued by another state or territory of the United
157	States, if the criteria for issuance of such license were
158	substantially equivalent to the licensure criteria that which
159	existed in this state at the time the license was issued; or
160	b.  Holds a valid license to practice public accounting
161	issued by another state or territory of the United States but
162	the criteria for issuance of such license did not meet the
163	requirements of sub-subparagraph a.; has met the requirements of
164	this section for education, work experience, and good moral
165	character;, who qualifies to take the examination as set forth
166	in s. 473.306 and has passed a national, regional, state, or
167	territorial licensing examination that which is substantially
168	equivalent to the examination required by s. 473.306; and
169	2.  Has completed continuing education courses that which
170	are equivalent to the continuing education requirements for a
171	Florida certified public accountant licensed licensee in this
172	state during the 2 years immediately preceding her or his
173	application for licensure by endorsement.
174	(8)(4)  If the applicant has at least 5 years of experience
175	in the practice of public accountancy in the United States or in
176	the practice of public accountancy or its equivalent in a
177	foreign country that the International Qualifications Appraisal
178	Board of the National Association of State Boards of Accountancy
179	has determined has licensure standards that are substantially
180	equivalent to those in the United States, or has at least 5
181	years of work experience that meets the requirements of
182	subsection (4) as an auditor or accountant in the employment of
183	a unit of federal, state, or local government and that
184	employment required the use of accounting skills as a
185	substantial part of the applicant's duties and was under the
186	supervision of a certified public accountant licensed by a state
187	or territory of the United States, the board shall waive the
188	requirements of subsection (3) which s. 473.306(2)(b)2. that are
189	in excess of a baccalaureate degree. All experience that is used
190	as a basis for waiving the requirements of subsection (3) s.
191	473.306(2)(b)2. must be while licensed as a certified public
192	accountant by another state or territory of the United States or
193	while licensed in the practice of public accountancy or its
194	equivalent in a foreign country that the International
195	Qualifications Appraisal Board of the National Association of
196	State Boards of Accountancy has determined has licensure
197	standards that are substantially equivalent to those in the
198	United States. The board shall have the authority to establish
199	the standards for experience that meet this requirement.
200	(9)(5)  The board may refuse to certify for licensure any
201	applicant who is under investigation in another state for any
202	act that which would constitute a violation of this act or
203	chapter 455, until such time as the investigation is complete
204	and disciplinary proceedings have been terminated.
205	Section 3.  Paragraph (l) of subsection (1) of section
206	473.323, Florida Statutes, is amended to read:
207	473.323  Disciplinary proceedings.--
208	(1)  The following acts constitute grounds for which the
209	disciplinary actions in subsection (3) may be taken:
210	(l)  Failing to maintain a good moral character as provided
211	in s. 473.308 473.306.
212	Section 4.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.