The Board proposes a rule amendment to update the definition of an employee and to correct a grammatical error in the rule language.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Accountancy

RULE NOS.:RULE TITLES:

61H1-20.013Employee

61H1-20.016Non-CPA Shareholders, Partners and Members

PURPOSE AND EFFECT: The Board proposes a rule amendment to update the definition of an employee and to correct a grammatical error in the rule language.

SUMMARY: The proposed rule amendments will update the rule language.

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 concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board 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 FS., s. 1, Chapter 97-35, Laws of Florida.

LAW IMPLEMENTED: 473.302, 473.309(1)(b), 473.3101, s. 1, Chapter 97-35, Laws of Florida.

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: Roger Scarborough, Division Director, Board of Accountancy, 240 NW 76th Dr., Suite A, Gainesville, Florida 32607, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61H1-20.013 Employee.

An employee of a certified public accounting firm includes a A certified public accountant would be considered an employee of a firm for purposes of Chapter 473, FS., if the certified public accountant has the status of an employee under the usual common law rules applicable in determining the employer-employee relationship. A certified public accountant which may be leased to a firm through an employee leasing company as defined in Section 443.036(18)(16), F.S., as long as the CPA firm has the power to hire and fire, has complete supervision and control over the certified public accountant’s work product, and accepts the certified public accountant as its responsibility for purposes of complying with Rule 61H1-26.002, F.A.C.

Rulemaking Authority 473.304 FS. Law Implemented 473.302, 473.309(1)(b), 473.3101 FS. History–New 10-17-90, Formerly 21A-20.013, Amended 9-21-10,                   .

 

61H1-20.016 Non-CPA Shareholders, Partners, and Members.

(1) For purposes of Chapter 473, F.S., and these rules, the terms non-CPA shareholders, partners, and members shall be deemed and construed to mean natural persons materially participating in the business conducted by the firm and when their participation ceases, their interest shall revert to the firm.

(2) No change. 

Rulemaking Authority 473.304 FS., s. 1, Chapter 97-5535, Laws of Florida. Law Implemented s. 1, Chapter 97-5535, Laws of Florida. History–New 2-5-98, Amended 9-21-10,                  .

 

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: September 24, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 25, 2020