For Rule 61H1-26.001, F.A.C., the Board proposes the rule amendment to clarify when the terms “CPA,” CPA Firm,” and “CPAs and Associates,” “Certified Public Accountants and Associates,” may be used. For Rules 61H1-26.003, and 26.004, F.A.C., the ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Accountancy

RULE NOS.:RULE TITLES:

61H1-26.001Form of Practice and Name-Shared Office Space

61H1-26.003Licensure of Florida Certified Public Accountant Firms

61H1-26.004Changes by Firms

61H1-26.005Address of Record

PURPOSE AND EFFECT: For Rule 61H1-26.001, F.A.C., the Board proposes the rule amendment to clarify when the terms “CPA,” CPA Firm,” and “CPAs and Associates,” “Certified Public Accountants and Associates,” may be used. For Rules 61H1-26.003, and 26.004, F.A.C., the Board proposes the rule amendments to clarify language.

For Rule 61H1-26.005, F.A.C., the Board proposes the rule amendment to clarify that firms are also to maintain updated addresses with the Board.

SUMMARY: An amendment to the Rule 61H1-26.001, F.A.C. will clarify when the terms “CPA,” CPA Firm,” and “CPAs and Associates,” “Certified Public Accountants and Associates,” may be used. For Rules 61H1-26.003 and 26.004, F.A.C., language will be clarified. For Rule 61H1-26.005, F.A.C., the rule will be clarified that firms also maintain updated addresses with the Board.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 473.304, 473.3101, 473.321 FS.

LAW IMPLEMENTED: 455.275, 473.3101, 473.321 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Veloria A. Kelly, Division Director, Board of Accountancy, 240 NW 76th Drive, Suite A, Gainesville, Florida 32607

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61H1-26.001 Form of Practice and Name-Shared Office Space.

(1) A Florida certified public accountant may practice public accounting, whether as an owner or employee, only in the form of a proprietorship, a partnership or a corporation, or a limited liability company. A Florida certified public accountant shall not allow any person to practice in his name that is not a partner or shareholder with him or in his employ. A Florida certified public accountant shall not practice under a name which is misleading or deceptive as to the legal form of the firm or as to persons who are partners, or shareholders of the firm or as to any other matter. In this regard:

(a) through (d) No change.

(e) A firm may only use the term “CPA,” “CPA Firm,” “CPAs and Associates,” “Certified Public Accountants and Associates,” or any other title, designation, words, letters, abbreviations, or device indicating that it is a CPA Firm if it holds a license issued pursuant to Section 473.3101, F.S.

(2) through (3) No change.

Rulemaking Authority 473.304, 473.321 FS. Law Implemented 473.3101, 473.321 FS. History–New 12-4-79, Amended 11-7-84, 10-28-85, Formerly 21A-26.01, Amended 10-20-86, 12-28-89, 7-1-91, 1-7-93, Formerly 21A-26.001, Amended 11-30-93, 12-30-97, 8-16-99, 9-20-00, 12-10-09,                                   .

 

61H1-26.003 Licensure of Florida Certified Public Accountant Firms.

Every Florida firm and non-Florida firm required to be licensed pursuant to Section 473.3101(1)(a), F.S., shall be certified for licensure by the Board on a biennial basis, and shall furnish its firm name, addresses and telephone numbers of main office as well as the names of all licensed professional staff and all non-licensed owners. Said firms must also disclose whether any non-certified public accountant owners have convictions or findings of guilt, regardless of adjudication, of a crime in any jurisdiction and judgment or settlements of civil lawsuits, or having been acted against including denial of licensure by any regulatory agency by a court or regulatory agency and any other matters which show a lack of good moral character. (good moral character is defined in Section 473.308(6)(a), F.S.).

Rulemaking Authority 473.304, 473.3101 FS. Law Implemented 473.3101 FS. History–New 12-4-79, Amended 2-3-81, Formerly 21A-26.03, Amended 6-4-86, Formerly 21A-26.003, Amended 2-3-94, 12-30-97, 1-26-10, 10-7-12,                              .

 

61H1-26.004 Changes by Firms.

(1) No change.

(2) In the event of the formation of a new sole proprietorship, partnership, corporation or limited liability company, or any other legal entitiy engaged in the practice of public accounting or a change in the name of a sole proprietorship, partnership, corporation, or limited liability company, or any other legal entity engaged in the practice of public accounting, such sole proprietorship, partnership, corporation, or limited liability company shall, within thirty (30) days of the event, become certified for licensure by the Board in accordance with Rule 61H1-26.003, F.A.C., and Section 473.3101, F.S. and pay the license fee required by Rule 61H1-31.010, F.A.C.

Rulemaking Authority 473.304, 473.3101 FS. Law Implemented 473.3101 FS. History–New 12-4-79, Amended 2-3-81, Formerly 21A-26.04, Amended 6-4-86, Formerly 21A-26.004, Amended 11-3-97, 7-16-98, 8-17-98, 1-31-05, 8-28-06, 1-26-10, 2-6-13,                                         .

 

61H1-26.005 Address of Record.

(1) All Florida certified public accountants, and licensed firms are required to have their correct street address on file with the Board office as their address of record. A post office box may be used for a mailing address, but it must be in addition to the address of record.

(2) Any time a Florida certified public accountant or licensed firm changes their his/her address of record or mailing address, he/she must notify the Board office must be notified in writing within thirty days.

Rulemaking Authority 473.304 FS. Law Implemented 455.275 FS. History–New 12-2-92, Formerly 21A-26.005, Amended 7-23-06, 12-27-09,                  .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Accountancy

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Accountancy

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 31, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 21, 2015