Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1640
       
       
       
       
       
       
                                Barcode 885550                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/15/2009           .                                
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       The Committee on General Government Appropriations (Baker)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (7) of section 455.217, Florida
    6  Statutes, is amended to read:
    7         455.217 Examinations.—This section shall be read in
    8  conjunction with the appropriate practice act associated with
    9  each regulated profession under this chapter.
   10         (7) In addition to meeting any other requirements for
   11  licensure by examination or by endorsement, an applicant may be
   12  required by a board, or by the department, if there is no board,
   13  to pass an examination pertaining to state laws and rules
   14  applicable to the practice of the profession regulated by that
   15  board or by the department. This subsection does not apply to
   16  persons regulated under chapter 473.
   17         Section 2. Subsection (10) of section 455.271, Florida
   18  Statutes, is amended to read:
   19         455.271 Inactive and delinquent status.—
   20         (10) Before reactivation, an inactive or delinquent
   21  licensee shall meet the same continuing education requirements,
   22  if any, imposed on an active status licensee for all biennial
   23  licensure periods in which the licensee was inactive or
   24  delinquent. This subsection does not apply to persons regulated
   25  under chapter 473.
   26         Section 3. Section 473.302, Florida Statutes, is amended to
   27  read:
   28         473.302 Definitions.—As used in this chapter, the term:
   29         (1) “Board” means the Board of Accountancy.
   30         (2) “Department” means the Department of Business and
   31  Professional Regulation.
   32         (3) “Division” means the Division of Certified Public
   33  Accounting.
   34         (4) “Certified public accountant” means an individual a
   35  person who holds a license to practice public accounting in this
   36  state or an individual who is practicing public accounting in
   37  this state pursuant to the practice privilege granted in s.
   38  473.3141. The term “Florida certified public accountant” means
   39  an individual holding a license under the authority of this
   40  chapter.
   41         (5) “Firm” means any legal entity that is engaged in the
   42  practice of public accounting.
   43         (6)“Home office” means the principal headquarters of an
   44  entity. An entity may have only one principal headquarters.
   45         (7)(6) “Licensed audit firm” or “public accounting firm”
   46  means a firm licensed under s. 473.3101.
   47         (8)(7) “Practice of,” “practicing public accountancy,” or
   48  “public accounting” means:
   49         (a) Offering to perform or performing for the public one or
   50  more types of services involving the expression of an opinion on
   51  financial statements, the attestation as an expert in
   52  accountancy to the reliability or fairness of presentation of
   53  financial information, the utilization of any form of opinion or
   54  financial statements that provide a level of assurance, the
   55  utilization of any form of disclaimer of opinion which conveys
   56  an assurance of reliability as to matters not specifically
   57  disclaimed, or the expression of an opinion on the reliability
   58  of an assertion by one party for the use by a third party;
   59         (b) Offering to perform or performing for the public one or
   60  more types of services involving the use of accounting skills,
   61  or one or more types of tax, management advisory, or consulting
   62  services, by any person who is a certified public accountant who
   63  holds an active license, issued pursuant to this chapter, or who
   64  is authorized to practice public accounting pursuant to the
   65  practice privileges granted in s. 473.3141, including the
   66  performance of such services by a certified public accountant in
   67  the employ of a person or firm; or
   68         (c) Offering to perform or performing for the public one or
   69  more types of service involving the preparation of financial
   70  statements not included within paragraph (a), by a certified
   71  public accountant who holds an active license, issued pursuant
   72  to this chapter, or who is authorized to practice public
   73  accounting pursuant to the practice privileges granted in s.
   74  473.3141; by a firm of certified public accountants;, or by a
   75  firm in which a certified public accountant has an ownership
   76  interest, including the performance of such services in the
   77  employ of another person. The board shall adopt rules
   78  establishing standards of practice for such reports and
   79  financial statements; provided, however, that nothing in this
   80  paragraph shall be construed to permit the board to adopt rules
   81  that have the result of prohibiting Florida certified public
   82  accountants licensees employed by unlicensed firms from
   83  preparing financial statements as authorized by this paragraph.
   84         (9)“Uniform Accountancy Act” means the Uniform Accountancy
   85  Act, Fourth Edition, dated December 2007 and published by the
   86  American Institute of Certified Public Accountants and the
   87  National Association of State Boards of Accountancy.
   88  
   89  However, these terms shall not include services provided by the
   90  American Institute of Certified Public Accountants or the
   91  Florida Institute of Certified Public Accountants, or any full
   92  service association of certified public accounting firms whose
   93  plans of administration have been approved by the board, to
   94  their members or services performed by these entities in
   95  reviewing the services provided to the public by members of
   96  these entities.
   97         Section 4. Section 473.303, Florida Statutes, is amended to
   98  read:
   99         473.303 Board of Accountancy.—
  100         (1) There is created in the department the Board of
  101  Accountancy. The board shall consist of nine members, seven of
  102  whom must be certified public accountants licensed in this state
  103  and two of whom must be laypersons who are not and have never
  104  been certified public accountants or members of any closely
  105  related profession or occupation. The members who are certified
  106  public accountants must have practiced public accounting on a
  107  substantially full-time basis in this state for at least 5
  108  years. At least one member of the board must be 60 years of age
  109  or older. Each member shall be appointed by the Governor,
  110  subject to confirmation by the Senate.
  111         (2) The probable cause panel of the board may be composed
  112  of at least one current board member who shall serve as chair
  113  and additional current board members or past board members of
  114  the board who are certified public accountants licensed in this
  115  state and licensees in good standing. The past board members
  116  shall be appointed to the panel for a term maximum of 2 years by
  117  the chair of the board with the approval of the secretary of the
  118  department, and may be reappointed for additional terms.
  119         Section 5. Section 473.304, Florida Statutes, is amended to
  120  read:
  121         473.304 Rules of board; powers and duties; legal services.—
  122         (1) The board shall adopt rules pursuant to ss. 120.536(1)
  123  and 120.54 to implement the provisions of this act. Every
  124  certified public accountant and firm licensee shall be governed
  125  and controlled by this act and the rules adopted by the board.
  126         (2) Subject to the prior approval of the Attorney General,
  127  the board may retain independent legal counsel to provide legal
  128  advice to the board on a specific matter.
  129         (3) An attorney employed or used by the board may not both
  130  prosecute a matter and provide legal services to the board with
  131  respect to the same matter.
  132         Section 6. Section 473.305, Florida Statutes, is amended to
  133  read:
  134         473.305 Fees.—The board, by rule, may establish fees to be
  135  paid for applications, examination, reexamination, licensing and
  136  renewal, reinstatement, and recordmaking and recordkeeping. The
  137  fee for the examination shall be established at an amount that
  138  covers the costs for the procurement or development,
  139  administration, grading, and review of the examination. The fee
  140  for the examination is refundable if the applicant is found to
  141  be ineligible to sit for the examination. The fee for initial
  142  application is nonrefundable, and the combined fees for
  143  application and examination may not exceed $250 plus the actual
  144  per applicant cost to the department for purchase of the
  145  examination from the American Institute of Certified Public
  146  Accountants or a similar national organization. The biennial
  147  renewal fee may not exceed $250. The board may also establish,
  148  by rule, a reactivation fee, a late filing fee for the law and
  149  rules examination, and a delinquency fee not to exceed $50 for
  150  continuing professional education reporting forms. The board
  151  shall establish fees which are adequate to ensure the continued
  152  operation of the board and to fund the proportionate expenses
  153  incurred by the department which are allocated to the regulation
  154  of public accountants. Fees shall be based on department
  155  estimates of the revenue required to implement this chapter and
  156  the provisions of law with respect to the regulation of
  157  certified public accountants.
  158         Section 7. Subsections (3) and (4) of section 473.308,
  159  Florida Statutes, are amended to read:
  160         473.308 Licensure.—
  161         (3) An applicant for licensure must have at least 150
  162  semester hours of college education, including a baccalaureate
  163  or higher degree conferred by an accredited college or
  164  university received a baccalaureate degree with a major in
  165  accounting or its equivalent plus at least 30 semester hours or
  166  45 quarter hours in excess of those required for a 4-year
  167  baccalaureate degree, with a concentration in accounting and
  168  business in the total educational program to the extent
  169  specified by the board.
  170         (4)(a) An applicant for licensure after December 31, 2008,
  171  must show that he or she has had 1 year of work experience. This
  172  experience shall include providing any type of service or advice
  173  involving the use of accounting, attest, compilation, management
  174  advisory, financial advisory, tax, or consulting skills, all of
  175  which must be verified by a certified public accountant who is
  176  licensed by a state or territory of the United States and who
  177  has supervised the applicant. This experience is acceptable if
  178  it was gained through employment in government, industry,
  179  academia, or public practice; constituted a substantial part of
  180  the applicant’s duties; and was under the supervision of a
  181  certified public accountant licensed by a state or territory of
  182  the United States. The board shall adopt rules specifying
  183  standards and providing for the review and approval of the work
  184  experience required by this section.
  185         (b)However, an applicant who completed the requirements of
  186  subsection (3) on or before December 31, 2008, and who passes
  187  the licensure examination on or before June 30, 2010, is exempt
  188  from the requirements of this subsection.
  189         Section 8. Section 473.309, Florida Statutes, is amended to
  190  read:
  191         473.309 Practice requirements for partnerships,
  192  corporations, and limited liability companies; business entities
  193  practicing public accounting.—
  194         (1) A partnership may not engage in the practice of public
  195  accounting, as defined in s. 473.302(7)(a), unless:
  196         (a) It is a form of partnership recognized by Florida law.
  197         (b) Partners owning at least 51 percent of the financial
  198  interest and voting rights of the partnership are certified
  199  public accountants in some state. However, each partner who is a
  200  certified public accountant in another state and is domiciled in
  201  this state must be a certified public accountant of this state
  202  and hold an active license.
  203         (c) At least one general partner is a certified public
  204  accountant of this state and holds an active license or, in the
  205  case of a firm that must have a license pursuant to s.
  206  473.3101(1)(a)2., at least one general partner is a certified
  207  public accountant in some state and meets the requirements of s.
  208  473.3141(1)(a) or (b).
  209         (d) All partners who are not certified public accountants
  210  in any state are engaged in the business of the partnership as
  211  their principal occupation.
  212         (e) It is in compliance with rules adopted by the board
  213  pertaining to minimum capitalization, letters of credit, and
  214  adequate public liability insurance.
  215         (f) It is currently licensed as required by s. 473.3101.
  216         (2) A corporation may not engage in the practice of public
  217  accounting, as defined in s. 473.302(7)(a), unless:
  218         (a) It is a corporation duly organized in this or some
  219  other state.
  220         (b) Shareholders of the corporation owning at least 51
  221  percent of the financial interest and voting rights of the
  222  corporation are certified public accountants in some state and
  223  are principally engaged in the business of the corporation.
  224  However, each shareholder who is a certified public accountant
  225  in another state and is domiciled in this state must be a
  226  certified public accountant of this state and hold an active
  227  license.
  228         (c) The principal officer of the corporation is a certified
  229  public accountant in some state.
  230         (d) At least one shareholder of the corporation is a
  231  certified public accountant and holds an active license in this
  232  state or, in the case of a firm that must have a license
  233  pursuant to s. 473.3101(1)(a)2., at least one shareholder is a
  234  certified public accountant in some state and meets the
  235  requirements of s. 473.3141(1)(a) or (b).
  236         (e) All shareholders who are not certified public
  237  accountants in any state are engaged in the business of the
  238  corporation as their principal occupation.
  239         (f) It is in compliance with rules adopted by the board
  240  pertaining to minimum capitalization, letters of credit, and
  241  adequate public liability insurance.
  242         (g) It is currently licensed as required by s. 473.3101.
  243         (3) A limited liability company may not engage in the
  244  practice of public accounting, as defined in s. 473.302(7)(a),
  245  unless:
  246         (a) It is a limited liability company duly organized in
  247  this or some other state.
  248         (b) Members of the limited liability company owning at
  249  least 51 percent of the financial interest and voting rights of
  250  the company are certified public accountants in some state.
  251  However, each member who is a certified public accountant in
  252  some state and is domiciled in this state must be a certified
  253  public accountant of this state and hold an active license.
  254         (c) At least one member of the limited liability company is
  255  a certified public accountant and holds an active license in
  256  this state or, in the case of a firm that must have a license
  257  pursuant to s. 473.3101(1)(a)2., at least one member is a
  258  certified public accountant in some state and meets the
  259  requirements of s. 473.3141(1)(a) or (b).
  260         (d) All members who are not certified public accountants in
  261  any state are engaged in the business of the company as their
  262  principal occupation.
  263         (e) It is in compliance with rules adopted by the board
  264  pertaining to minimum capitalization, letters of credit, and
  265  adequate public liability insurance.
  266         (f) It is currently licensed as required by s. 473.3101.
  267         (4) A partnership, corporation, limited liability company,
  268  or any other firm business entity is engaged in the practice of
  269  public accounting if its employees are engaged in the practice
  270  of public accounting. Notwithstanding any other provision of
  271  law, a licensed audit firm may own all or part of another
  272  licensed audit firm.
  273         Section 9. Section 473.3101, Florida Statutes, is amended
  274  to read:
  275         473.3101 Licensure of sole proprietors, partnerships,
  276  corporations, limited liability companies, and other legal
  277  entities.—
  278         (1) Each sole proprietor, partnership, corporation, limited
  279  liability company, or any other firm legal entity seeking to
  280  engage in the practice of public accounting, as defined in s.
  281  473.302(7)(a), in this state must file an application for
  282  licensure with the department and supply the information the
  283  board requires. An application must be made upon the affidavit
  284  of a sole proprietor, general partner, shareholder, or member
  285  who is a certified public accountant.
  286         (a) The following must hold a license issued under this
  287  section:
  288         1. Any firm with an office in this state which uses the
  289  title “CPA,”“CPA firm,” or any other title, designation, words,
  290  letters, abbreviations, or device tending to indicate that the
  291  firm practices public accounting.
  292         2. Any firm that does not have an office in this state but
  293  performs the services described in s. 473.3141(4) for a client
  294  having its home office in this state. The board shall define by
  295  rule what constitutes an office.
  296         (b) A firm that is not subject to the requirements of
  297  subparagraph (a)2. may perform other professional services while
  298  using the title “CPA,” “CPA firm,” or any other title,
  299  designation, words, letters, abbreviations, or device tending to
  300  indicate that the firm practices public accounting in this state
  301  without a license issued under this section only if:
  302         1. It performs such services through an individual with
  303  practice privileges granted under s. 473.3141; and
  304         2. It can lawfully do so in the state where the individual
  305  with practice privileges has his or her principal place of
  306  business.
  307         (2) The board shall determine whether the sole proprietor,
  308  partnership, corporation, limited liability company, or any
  309  other firm legal entity meets the requirements for practice and,
  310  pending that determination, may certify to the department the
  311  partnership, corporation, or limited liability company for
  312  provisional licensure.
  313         (3) Each license must be renewed every 2 years. Each sole
  314  proprietor, partnership, corporation, limited liability company,
  315  or any other firm legal entity licensed under this section must
  316  notify the department within 1 month after any change in the
  317  information contained in the application on which its license is
  318  based.
  319         Section 10. Section 473.311, Florida Statutes, is amended
  320  to read:
  321         473.311 Renewal of license.—
  322         (1) The department shall renew a license upon receipt of
  323  the renewal application and fee and upon certification by the
  324  board that the Florida certified public accountant licensee has
  325  satisfactorily completed the continuing education requirements
  326  of s. 473.312 and has passed an examination approved by the
  327  board on chapter 455 and this chapter and the related
  328  administrative rules. However, each licensee must complete the
  329  requirements of s. 473.312(1)(c) prior to taking the
  330  examination.
  331         (2) The department shall adopt rules establishing a
  332  procedure for the biennial renewal of licenses.
  333         Section 11. Section 473.312, Florida Statutes, is amended
  334  to read:
  335         473.312 Continuing education.—
  336         (1)(a) As part of the license renewal procedure, the board
  337  shall by rule require Florida certified public accountants
  338  licensees to submit proof satisfactory to the board that during
  339  the 2 years prior to application for renewal, they have
  340  successfully completed not less than 48 or more than 80 hours of
  341  continuing professional education programs in public accounting
  342  subjects approved by the board. The board may prescribe by rule
  343  additional continuing professional education hours, not to
  344  exceed 25 percent of the total hours required, for failure to
  345  complete the hours required for renewal by the end of the
  346  reestablishment period.
  347         (b) Not less than 25 percent of the total hours required by
  348  the board shall be in accounting-related and auditing-related
  349  subjects, as distinguished from federal and local taxation
  350  matters and management services.
  351         (c) Not less than 5 percent of the total hours required by
  352  the board shall be in ethics applicable to the practice of
  353  public accounting. This requirement shall be administered by
  354  providers approved by the board and shall include a review of
  355  the provisions of chapter 455 and this chapter and the related
  356  administrative rules.
  357         (2) Programs of continuing professional education approved
  358  by the board shall be formal programs of learning which
  359  contribute directly to the professional competency of an
  360  individual following licensure to practice public accounting and
  361  may be any of the following:
  362         (a) Professional development programs of the American
  363  Institute of Certified Public Accountants, state societies of
  364  certified public accountants, or other organizations.
  365         (b) Technical sessions at meetings of the American
  366  Institute of Certified Public Accountants, state societies,
  367  chapters, or other organizations.
  368         (c) University and college courses.
  369         (d) Formal organized in-firm education programs.
  370         (3) The board shall adopt rules establishing the continuing
  371  education requirements for Florida certified public accountants
  372  licensees who are engaged in the audit of a governmental entity.
  373  The board shall approve subjects directly related to the
  374  governmental environment and to governmental auditing for
  375  purposes of satisfying the requirement of this subsection.
  376         (4) For the purposes of maintaining proper continuing
  377  education requirements for renewal of licensure under this
  378  chapter, the board may appoint a Continuing Professional
  379  Education Advisory Committee, which shall be composed of one
  380  member of the board, one academician on the faculty of a
  381  university in this state, and six certified public accountants.
  382         Section 12. Section 473.313, Florida Statutes, is amended
  383  to read:
  384         473.313 Inactive status.—
  385         (1) A Florida certified public accountant licensee may
  386  request that her or his license be placed in an inactive status
  387  by making application to the department. The board may prescribe
  388  by rule fees for placing a license on inactive status, renewal
  389  of inactive status, and reactivation of an inactive license.
  390         (2) A license that has become inactive may be reactivated
  391  under s. 473.311 upon application to the department. The board
  392  may prescribe by rule continuing education requirements as a
  393  condition of reactivating a license. The minimum continuing
  394  education requirements for reactivating a license shall be those
  395  prescribed by board rule and those of the most recent biennium
  396  plus one-half of the requirements in s. 473.312 for each year or
  397  part thereof during which the license was inactive.
  398  Notwithstanding any other provision of this section, the
  399  continuing education requirements are 120 hours, including at
  400  least 30 hours in accounting-related and auditing-related
  401  subjects, and not more than 30 hours in behavioral subjects, and
  402  a minimum of 8 hours in ethics subjects approved by the board,
  403  for the reactivation of a license that is inactive on June 30,
  404  2009 1998, if the Florida certified public accountant licensee
  405  notifies the Board of Accountancy by December 31, 2009 1998, of
  406  an intention to reactivate such a license and completes such
  407  reactivation by June 30, 2011 2000.
  408         (3) Any Florida certified public accountant licensee
  409  holding an inactive license may be permitted to reactivate such
  410  license in a conditional manner. The conditions of reactivation
  411  shall require, in addition to the payment of fees, the passing
  412  of the examination approved by the board concerning chapter 455
  413  and this chapter, and the related administrative rules, and the
  414  completion of required continuing education.
  415         (4) Notwithstanding the provisions of s. 455.271, the board
  416  may, at its discretion, reinstate the license of an individual
  417  whose license has become null and void if the individual has
  418  made a good faith effort to comply with this section but has
  419  failed to comply because of illness or unusual hardship. The
  420  individual shall apply to the board for reinstatement in a
  421  manner prescribed by rules of the board and shall pay an
  422  application fee in an amount determined by rule of the board.
  423  The board shall require that the such an individual meet all
  424  continuing education requirements as provided in subsection (2)
  425  s. 473.312, pay appropriate licensing fees, and otherwise be
  426  eligible for renewal of licensure under this chapter.
  427         Section 13. Section 473.314, Florida Statutes, is amended
  428  to read:
  429         473.314 Temporary license.—
  430         (1) The board shall adopt rules providing for the issuance
  431  of temporary licenses to certified public accountants or firms
  432  of other states who do not meet the requirements of s. 473.3141,
  433  for the purpose of enabling them or their employees to perform
  434  specific engagements involving the practice of public
  435  accountancy in this state. No temporary license shall be valid
  436  for more than 90 days after its issuance, and no license shall
  437  cover more than one engagement. After the expiration of 90 days,
  438  a new license shall be required.
  439         (2) Each application for a temporary license shall state
  440  the names of all persons who are to enter this state and shall
  441  be accompanied by a fee in an amount established by the board
  442  not to exceed $400.
  443         (3) A temporary license shall not be required of certified
  444  public accountants or firms a person entering this state solely
  445  for the purpose of preparing federal tax returns or advising as
  446  to federal tax matters if they do not use the title “CPA,” “CPA
  447  firm,” or any other title, designation, words, letters,
  448  abbreviations, or device tending to indicate that the certified
  449  public accountants or firms are authorized to practice public
  450  accounting. To use such terms in this state, certified public
  451  accountants or firms from other states must comply with the
  452  provisions of this section or section 473.3141.
  453         (4) Upon certification of the applicant by the board, the
  454  department shall issue a temporary license to the applicant.
  455         (5) The application for a temporary license shall
  456  constitute the appointment of the Department of State as an
  457  agent of the applicant for service of process in any action or
  458  proceeding against the applicant arising out of any transaction
  459  or operation connected with, or incidental to, the practice of
  460  public accounting for which the temporary license was issued.
  461         Section 14. Section 473.3141, Florida Statutes, is created
  462  to read:
  463         473.3141Certified public accountants licensed in other
  464  states.—
  465         (1) Except as otherwise provided in this chapter, an
  466  individual who does not have an office in this state has the
  467  privileges of Florida certified public accountants and may
  468  provide public accounting services in this state without
  469  obtaining a license under this chapter or notifying or
  470  registering with the board or paying a fee if the individual:
  471         (a)Holds a valid license as a certified public accountant
  472  from a state that the board or its designee has determined by
  473  rule to have adopted standards that are substantially equivalent
  474  to the certificate requirements in s. 5 of the Uniform
  475  Accountancy Act in the issuance of licenses; or
  476         (b)Holds a valid license as a certified public accountant
  477  from a state that has not been approved by the board as having
  478  adopted standards in substantial equivalence with s. 5 of the
  479  Uniform Accountancy Act, but obtains verification from the
  480  board, or its designee, as determined by rule, that the
  481  individual’s certified public accountant qualifications are
  482  substantially equivalent to the certificate requirements in s. 5
  483  of the Uniform Accountancy Act.
  484  
  485  The board shall define by rule what constitutes an office.
  486         (2)Except as otherwise provided in this chapter, an
  487  individual who qualifies to practice under this section may
  488  offer or provide services in this state in person, by mail, by
  489  telephone, or by electronic means, and a notice, fee, or other
  490  submission is not required.
  491         (3) An individual certified public accountant from another
  492  state who practices pursuant to this section, and the firm that
  493  employs that individual, shall both consent, as a condition of
  494  the privilege of practicing in this state:
  495         (a) To the personal and subject matter jurisdiction and
  496  disciplinary authority of the board;
  497         (b) To comply with this chapter and the applicable board
  498  rules;
  499         (c) That if the license as a certified public accountant
  500  from the state of the individual’s principal place of business
  501  is no longer valid, the individual will cease offering or
  502  rendering public accounting services in this state, individually
  503  and on behalf of a firm; and
  504         (d) To the appointment of the state board that issued the
  505  individual’s license as the agent upon whom process may be
  506  served in any action or proceeding by the board or department
  507  against the individual or firm.
  508         (4) An individual who qualifies to practice under this
  509  section may perform the services identified in s. 473.302(7)(a)
  510  only through a firm that has obtained a license issued under s.
  511  473.3101 or is authorized by s. 473.3101 to provide such
  512  services.
  513         (5)Disciplinary action against an individual or firm that
  514  practices pursuant to this section is not valid unless, prior to
  515  the entry of a final order, the agency has served, by personal
  516  service pursuant to this chapter or chapter 48 or by certified
  517  mail, an administrative complaint that provides reasonable
  518  notice to the individual or firm of facts or conduct that
  519  warrants the intended action and unless the individual or firm
  520  has been given an adequate opportunity to request a proceeding
  521  pursuant to ss. 120.569 and 120.57. When personal service cannot
  522  be made and the certified mail notice is returned undelivered,
  523  the agency shall have a short, plain notice to the individual or
  524  firm with practice privileges published once a week for 4
  525  consecutive weeks in a newspaper published in Leon County,
  526  Florida. The newspaper shall meet the requirements prescribed by
  527  law for such purposes.
  528         Section 15. Subsection (1) of section 473.316, Florida
  529  Statutes, is amended to read:
  530         473.316 Communications between the accountant and client
  531  privileged.—
  532         (1) For purposes of this section:
  533         (a) An “accountant” is a certified public accountant.
  534         (b) A “client” is any person, public officer, corporation,
  535  association, or other organization or entity, either public or
  536  private, who consults an accountant with the purpose of
  537  obtaining accounting services.
  538         (c) A communication between an accountant and her or his
  539  client is “confidential” if it is not intended to be disclosed
  540  to third persons other than:
  541         1. Those to whom disclosure is in furtherance of the
  542  rendition of accounting services to the client.
  543         2. Those reasonably necessary for the transmission of the
  544  communication.
  545         (d) A “quality review” is a study, appraisal, or review of
  546  one or more aspects of the professional work of an accountant a
  547  licensee in the practice of public accountancy which is
  548  conducted by a professional organization for the purpose of
  549  evaluating quality assurance required by professional standards,
  550  including a quality assurance or peer review.
  551         (e) A “review committee” is any person or persons who are
  552  not owners or employees of an accountant or firm a licensee that
  553  is the subject of a quality review and who carry out,
  554  administer, or oversee a quality review.
  555         Section 16. Section 473.318, Florida Statutes, is amended
  556  to read:
  557         473.318 Ownership of working papers.—All statements,
  558  records, schedules, working papers, and memoranda made by a
  559  certified public accountant or firm licensee or her or his
  560  employee incident to, or in the course of, professional services
  561  to a client, except the reports submitted by the certified
  562  public accountant or firm licensee to the client and except for
  563  records which are part of the client’s records, shall be and
  564  remain the property of the certified public accountant or firm
  565  licensee in the absence of an express agreement between the
  566  certified public accountant or firm licensee and the client to
  567  the contrary.
  568         Section 17. Section 473.319, Florida Statutes, is amended
  569  to read:
  570         473.319 Contingent fees.—Public accounting services as
  571  defined in s. 473.302(7)(a) and (c), and those that include tax
  572  filings with federal, state, or local government, shall not be
  573  offered or rendered for a fee contingent upon the findings or
  574  results of such service. This section does not apply to services
  575  involving federal, state, or other taxes in which the findings
  576  are those of the tax authorities and not those of the certified
  577  public accountant or firm licensee. Fees to be fixed by courts
  578  or other public authorities, which are of an indeterminate
  579  amount at the time a public accounting service is undertaken,
  580  shall not be regarded as contingent fees for purposes of this
  581  section.
  582         Section 18. Section 473.319, Florida Statutes, is amended
  583  to read:
  584         473.319 Contingent fees.—Public accounting services as
  585  defined in s. 473.302(7)(a) and (c), and those that include tax
  586  filings with federal, state, or local government, shall not be
  587  offered or rendered for a fee contingent upon the findings or
  588  results of such service. This section does not apply to services
  589  involving federal, state, or other taxes in which the findings
  590  are those of the tax authorities and not those of the certified
  591  public accountant or firm licensee. Fees to be fixed by courts
  592  or other public authorities, which are of an indeterminate
  593  amount at the time a public accounting service is undertaken,
  594  shall not be regarded as contingent fees for purposes of this
  595  section.
  596         Section 19. Section 473.3205, Florida Statutes, is amended
  597  to read:
  598         473.3205 Commissions or referral fees.—A certified public
  599  accountant or firm licensee may not accept or pay a commission
  600  or referral fee in connection with the sale or referral of
  601  public accounting services as defined in s. 473.302(7)(a) and
  602  (c). Any certified public accountant or firm business entity
  603  that is engaged in the practice of public accounting and that
  604  accepts a commission for the sale of a product or service to a
  605  client must disclose that fact to the client in writing in
  606  accordance with rules adopted by the board. However, this
  607  section shall not prohibit:
  608         (1) Payments for the purchase of an accounting practice;
  609         (2) Retirement payments to individuals formerly engaged in
  610  the practice of public accounting or payments to their heirs or
  611  estates; or
  612         (3) Payment of fees to a referring certified public
  613  accountant or firm licensee for public accounting services to
  614  either the successor certified public accountant or firm
  615  licensee or the client in connection with an engagement.
  616         Section 20. Section 473.321, Florida Statutes, is amended
  617  to read:
  618         473.321 Fictitious names.—
  619         (1) A certified public accountant, partnership,
  620  corporation, or limited liability company may not practice
  621  public accountancy in this state under any name that is
  622  misleading or deceptive as to the legal form; as to persons who
  623  are partners, officers, shareholders, or members of the firm; or
  624  as to any other matter. However, a firm name may include the
  625  names of retired or deceased persons who were active partners,
  626  shareholders, or members of the firm.
  627         (2) This section does not prohibit any certified public
  628  accountant or firm licensee from practicing public accounting
  629  under a fictitious name that is not misleading or deceptive as
  630  to the persons who are partners, officers, shareholders, or
  631  members.
  632         (3) The board shall adopt rules for interpretation of this
  633  section.
  634         Section 21. Section 473.322, Florida Statutes, is amended
  635  to read:
  636         473.322 Prohibitions; penalties.—
  637         (1) A person may not knowingly:
  638         (a) Practice public accounting unless the person is a
  639  certified public accountant or a public accountant;
  640         (b) Assume or use the titles or designations “certified
  641  public accountant” or “public accountant” or the abbreviation
  642  “C.P.A.” or any other title, designation, words, letters,
  643  abbreviations, sign, card, or device tending to indicate that
  644  the person holds a license to practice public accounting under
  645  this chapter or the laws of any other state, territory, or
  646  foreign jurisdiction, unless the person holds an active license
  647  under this chapter or has the practice privileges pursuant to s.
  648  473.3141;
  649         (c) Perform or offer to perform any services described in
  650  s. 473.302(7)(a) unless such person holds an active license
  651  under this chapter and is a licensed audit firm, or provides
  652  such services through a licensed audit firm, or complies with
  653  ss. 473.3141 and 473.3101. This paragraph does not prohibit the
  654  performance by persons other than certified public accountants
  655  of other services involving the use of accounting skills,
  656  including the preparation of tax returns and the preparation of
  657  financial statements without expression of opinion thereon;
  658         (d) Present as her or his own the license of another;
  659         (e) Give false or forged evidence to the board or a member
  660  thereof;
  661         (f) Use or attempt to use a public accounting license that
  662  has been suspended, revoked, or placed on inactive or delinquent
  663  status;
  664         (g) Employ unlicensed persons to practice public
  665  accounting; or
  666         (h) Conceal information relative to violations of this
  667  chapter.
  668         (2) Any person who violates any provision of this section
  669  commits a misdemeanor of the first degree, punishable as
  670  provided in s. 775.082 or s. 775.083.
  671         Section 22. Section 473.323, Florida Statutes, is amended
  672  to read:
  673         473.323 Disciplinary proceedings.—
  674         (1) The following acts constitute grounds for which the
  675  disciplinary actions in subsection (3) may be taken:
  676         (a) Violation of any provision of s. 455.227(1) or any
  677  other provision of this chapter.
  678         (b) Attempting to procure a license to practice public
  679  accounting by bribery or fraudulent misrepresentations.
  680         (c) Having a license to practice public accounting revoked,
  681  suspended, or otherwise acted against, including the denial of
  682  licensure, by the licensing authority of another state,
  683  territory, or country.
  684         (d) Being convicted or found guilty of, or entering a plea
  685  of nolo contendere to, regardless of adjudication, a crime in
  686  any jurisdiction which directly relates to the practice of
  687  public accounting or the ability to practice public accounting.
  688         (e) Making or filing a report or record that the certified
  689  public accountant or firm licensee knows to be false, willfully
  690  failing to file a report or record required by state or federal
  691  law, willfully impeding or obstructing such filing, or inducing
  692  another person to impede or obstruct such filing. Such reports
  693  or records include only those that are signed in the capacity of
  694  a certified public accountant.
  695         (f) Advertising goods or services in a manner that is
  696  fraudulent, false, deceptive, or misleading in form or content.
  697         (g) Committing an act of fraud or deceit, or of negligence,
  698  incompetency, or misconduct, in the practice of public
  699  accounting.
  700         (h) Violation of any rule adopted pursuant to this chapter
  701  or chapter 455.
  702         (i) Practicing on a revoked, suspended, inactive, or
  703  delinquent license.
  704         (j) Suspension or revocation of the right to practice
  705  before any state or federal agency.
  706         (k) Performance of any fraudulent act in any jurisdiction
  707  while holding a license to practice public accounting in this
  708  state or using practice privileges in this state.
  709         (l) Failing to maintain a good moral character as provided
  710  in s. 473.308 while applying for licensure, or while licensed in
  711  this state or using practice privileges pursuant to s. 473.3141.
  712         (m) Failing to provide any written disclosure to a client
  713  or the public which is required by this chapter or rule of the
  714  board.
  715         (n)Having the same or equivalent practice privileges of a
  716  Florida certified public accountant or firm revoked, suspended,
  717  or otherwise acted against by the licensing authority of another
  718  state, territory, or country as a result of activity in that
  719  jurisdiction which would have subjected the Florida certified
  720  public accountant or firm to discipline in this state.
  721         (2) The board shall specify, by rule, what acts or
  722  omissions constitute a violation of subsection (1).
  723         (3) When the board finds any certified public accountant or
  724  firm licensee guilty of any of the grounds set forth in
  725  subsection (1), it may enter an order imposing one or more of
  726  the following penalties:
  727         (a) Denial of an application for licensure.
  728         (b) Revocation or suspension of the certified public
  729  accountant or firm’s a license or practice privileges in this
  730  state.
  731         (c) Imposition of an administrative fine not to exceed
  732  $5,000 for each count or separate offense.
  733         (d) Issuance of a reprimand.
  734         (e) Placement of the certified public accountant licensee
  735  on probation for a period of time and subject to such conditions
  736  as the board may specify, including requiring the certified
  737  public accountant licensee to attend continuing education
  738  courses or to work under the supervision of another licensee.
  739         (f) Restriction of the authorized scope of practice by the
  740  certified public accountant.
  741         (4) The department shall reissue the license of a
  742  disciplined licensee upon certification by the board that the
  743  disciplined licensee has complied with all of the terms and
  744  conditions set forth in the final order.
  745         Section 23. This act shall take effect July 1, 2009.
  746  
  747  ================= T I T L E  A M E N D M E N T ================
  748         And the title is amended as follows:
  749         Delete everything before the enacting clause
  750  and insert:
  751                        A bill to be entitled                      
  752         An act relating to public accountancy; amending s.
  753         455.217, F.S.; providing that persons regulated as
  754         public accountants by the Department of Business and
  755         Professional Regulation under ch. 473, F.S., are
  756         exempt from certain requirement; amending s. 455.271,
  757         F.S.; providing that certain licensees are not subject
  758         to specified continuing education requirements for
  759         reactivation of a license; amending s. 473.302, F.S.;
  760         revising definitions; amending s. 473.303, F.S.;
  761         specifying that members of the Board of Accountancy
  762         and probable cause panels who hold licenses must be
  763         licensed in this state; providing that past board
  764         members of probable cause panels may be reappointed
  765         for additional terms; amending s. 473.304, F.S.;
  766         conforming provisions; amending s. 473.305, F.S.;
  767         deleting provisions requiring a late filing fee;
  768         amending s. 473.308, F.S.; revising educational
  769         requirements for applicants for licensure; providing
  770         an exception to a work experience requirement for
  771         certain persons; amending s. 473.309, F.S.; conforming
  772         provisions related to licensure requirements for firms
  773         licensed in other states; amending s. 473.3101, F.S.;
  774         requiring that certain firms hold a license; providing
  775         licensure exemptions for certain firms licensed in
  776         other states; amending s. 473.311, F.S.; deleting an
  777         examination requirement for licensure renewal;
  778         amending s. 473.312, F.S.; conforming provisions;
  779         amending s. 473.313, F.S.; deleting a minimum
  780         continuing education requirement for reactivating an
  781         inactive license; requiring certain continuing
  782         education hours in ethics in order to reactivate
  783         certain licenses; conforming provisions; amending s.
  784         473.314, F.S.; providing temporary licensure
  785         exemptions for certain persons licensed in other
  786         states; creating s. 473.3141, F.S.; providing
  787         licensure exemptions for certain persons licensed in
  788         other states; providing that disciplinary action
  789         against certain individual or firm that practices
  790         public accounting is valid only under specified
  791         conditions; amending ss. 473.316, 473.318, 473.319,
  792         473.3205, 473.321, and 473.322, F.S.; conforming
  793         provisions; amending s. 473.323, F.S.; conforming
  794         provisions relating to disciplinary actions; providing
  795         grounds for disciplinary actions against certain
  796         persons licensed in other states; providing an
  797         effective date.