Bill Text: FL S0954 | 2024 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Certified Public Accountants

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2024-03-05 - Laid on Table, refer to CS/HB 813 [S0954 Detail]

Download: Florida-2024-S0954-Comm_Sub.html

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       Florida Senate - 2024                              CS for SB 954
       
       
        
       By the Committee on Regulated Industries; and Senator Gruters
       
       
       
       
       
       580-02127-24                                           2024954c1
    1                        A bill to be entitled                      
    2         An act relating to certified public accountants;
    3         amending s. 473.313, F.S.; authorizing certain
    4         certified public accountants to apply to the
    5         Department of Business and Professional Regulation to
    6         place their licenses on retired status; authorizing
    7         the Board of Accountancy to prescribe by rule a
    8         certain application; providing requirements for the
    9         application; providing that a licensee loses retired
   10         status in certain circumstances; authorizing a retired
   11         licensee to take certain actions without losing
   12         retired status; requiring a certain affirmation;
   13         authorizing a retired licensee to accept certain
   14         reimbursements or per diem amounts; prohibiting a
   15         retired licensee from offering or rendering certain
   16         professional services; providing for the reactivation
   17         of a retired licensee’s license; providing
   18         requirements for the conditions of such reactivation;
   19         providing a definition; amending s. 473.302, F.S.;
   20         revising a definition; providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 473.313, Florida Statutes, is amended to
   25  read:
   26         473.313 Inactive status; retired status.—
   27         (1) A Florida certified public accountant may request that
   28  her or his license be placed in an inactive status by making
   29  application to the department. The board may prescribe by rule
   30  fees for placing a license on inactive status, renewal of
   31  inactive status, and reactivation of an inactive license.
   32         (a)(2) A license that has become inactive under this
   33  subsection (1) or for failure to complete the requirements in s.
   34  473.312 may be reactivated under s. 473.311 upon application to
   35  the department. The board may prescribe by rule continuing
   36  education requirements as a condition of reactivating a license.
   37  The maximum continuing education requirements for reactivating a
   38  license are 120 hours, including at least 30 hours in
   39  accounting-related and auditing-related subjects, not more than
   40  30 hours in behavioral subjects, and a minimum of 8 hours in
   41  ethics subjects approved by the board, for the reactivation of a
   42  license that is inactive or delinquent.
   43         (b)(3) A license that is delinquent for failure to report
   44  completion of the requirements in s. 473.312 may be reactivated
   45  under s. 473.311 upon application to the department.
   46  Reactivation requires the payment of an application fee as
   47  determined by the board and certification by the Florida
   48  certified public accountant that the applicant satisfactorily
   49  completed the continuing education requirements set forth under
   50  s. 473.311. If the license is delinquent on January 1 because of
   51  failure to report completed continuing education requirements,
   52  the applicant must submit a complete application to the board by
   53  March 15 immediately after the delinquent period.
   54         (c)(4) Any Florida certified public accountant holding an
   55  inactive license may be permitted to reactivate such license in
   56  a conditional manner. The conditions of reactivation shall
   57  require the payment of fees and the completion of required
   58  continuing education.
   59         (d)(5) Notwithstanding the provisions of s. 455.271, the
   60  board may, at its discretion, reinstate the license of an
   61  individual whose license has become null and void if the
   62  individual has made a good faith effort to comply with this
   63  section but has failed to comply because of illness or unusual
   64  hardship. The individual shall apply to the board for
   65  reinstatement in a manner prescribed by rules of the board and
   66  shall pay an application fee in an amount determined by rule of
   67  the board. The board shall require that the individual meet all
   68  continuing education requirements as provided in paragraph (a)
   69  subsection (2), pay appropriate licensing fees, and otherwise be
   70  eligible for renewal of licensure under this chapter.
   71         (2) A Florida certified public accountant who is at least
   72  65 years of age, currently holds an active or inactive license
   73  in good standing under this chapter, and is not the subject of
   74  any sanction or disciplinary action may request that her or his
   75  license be placed on retired status by making application to the
   76  department. The board may prescribe by rule the application for
   77  placing a license on retired status, which must state that the
   78  applicant has no association with accounting or any of the
   79  services described in s. 473.302(8). If a licensee who has been
   80  granted retired status reenters the workforce in a position that
   81  has an association with accounting or any of the services
   82  described in 473.302(8), the licensee automatically loses her or
   83  his retired status except as provided in paragraph (a).
   84         (a) A retired licensee may, without losing her or his
   85  retired status, serve without compensation on a board of
   86  directors or board of trustees, provide volunteer tax
   87  preparation services, participate in a government-sponsored
   88  business mentoring program such as the Internal Revenue
   89  Service’s Volunteer Income Tax Assistance program or the Small
   90  Business Administration’s SCORE program, or participate in an
   91  advisory role for a similar charitable, civic, or other
   92  nonprofit organization.
   93         (b) The board shall require a retired licensee to affirm in
   94  writing her or his understanding of the limited types of
   95  activities in which she or he may engage while in retired status
   96  and that she or he has a professional duty to ensure that she or
   97  he holds the professional competencies necessary to participate
   98  in such activities.
   99         (c) A retired licensee may accept routine reimbursement for
  100  actual costs of travel and meals associated with volunteer
  101  services or de minimis per diem amounts paid to the licensee to
  102  cover such expenses as allowed by law.
  103         (d) A retired licensee may use the title of “retired CPA”
  104  on any business card or letterhead or any other printed or
  105  electronic document. However, such title must not be applied in
  106  such a manner that could confuse the public as to the current
  107  status of the licensee. The licensee is not required to have a
  108  certificate issued with the word “retired” on the certificate.
  109         (e) A retired licensee is not required to maintain the
  110  continuing education requirements under s. 473.312.
  111         (f) A retired licensee may not offer or render professional
  112  services that require her or his signature and the use of the
  113  CPA title, regardless of whether “retired” is attached to such
  114  title.
  115         (g) A retired licensee may be permitted to reactivate her
  116  or his license in a conditional manner as determined by the
  117  board. The conditions of reactivation must require the payment
  118  of fees and the completion of required continuing education. The
  119  board may prescribe by rule an application for reactivating a
  120  license placed on retired status and continuing education
  121  requirements as a condition of reactivating a license placed on
  122  retired status. The minimum continuing education requirements
  123  for reactivating a license placed on retired status are those of
  124  the most recent biennium plus one-half of the requirements in s.
  125  473.312 for each license biennium or part thereof during which
  126  the license was on retired status.
  127  
  128  For the purposes of this subsection, the term “retired licensee”
  129  means a licensee whose license has been placed in retired status
  130  by the department.
  131         Section 2. Subsection (9) of section 473.302, Florida
  132  Statutes, is amended to read:
  133         473.302 Definitions.—As used in this chapter, the term:
  134         (9) “Uniform Accountancy Act” means the Uniform Accountancy
  135  Act, Eighth Seventh Edition, dated January 2018 May 2014 and
  136  published by the American Institute of Certified Public
  137  Accountants and the National Association of State Boards of
  138  Accountancy.
  139  
  140  However, these terms shall not include services provided by the
  141  American Institute of Certified Public Accountants or the
  142  Florida Institute of Certified Public Accountants, or any full
  143  service association of certified public accounting firms whose
  144  plans of administration have been approved by the board, to
  145  their members or services performed by these entities in
  146  reviewing the services provided to the public by members of
  147  these entities.
  148         Section 3. This act shall take effect July 1, 2024.