Florida 2024 2024 Regular Session

Florida House Bill H0813 Enrolled / Bill

Filed 03/05/2024

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