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The FLORIDA BOARD OF ACCOUNTANCY is governed by the following rules:
LICENSURE REQUIREMENTS
Two-tier states are defined as states that issue a certificate for successful completion of the AICPA Uniform CPA examination and a license to practice once licensure requirements are met. Applicants who have certificates, but not a license, from states such as Alabama and Illinois must apply as transfer of credit applicants. Applicants who transfer exam credit must meet the new rule educational requirements. Regardless of the length of time the applicant has held the certificate, if the AICPA Uniform CPA exam was passed two or more years prior to application in Florida, then the applicant must complete CPE as explained above. Furthermore, the certificate must be active in order to complete the transfer of credit.
Florida CPA examination candidates who pass the examination in accordance with Florida's rules are automatically mailed a CPA licensure package by the Florida Board of Accountancy. Applicants must apply for licensure within one year of receiving the licensure package. If an applicant does not apply for licensure within this one year period, CPA examination grades expire and the applicant must reapply and retake the CPA examination. Furthermore, applicants will be required to meet the education requirements in effect at the time of the new application.
To successfully obtain an original license a candidate must
Submit CPA Original Licensure application and $50.00 nonrefundable fee within one year of receipt
Score 80% (20 out of 25) on the Florida Laws and Rules Examination
*Evidence one year of acceptable work experience.
Submit official transcripts evidencing completion of a baccalaureate degree, plus an additional 30 semester hours/45 quarter hours of education in excess of the baccalaureate degree to include 12 semester hours/18 quarter hours of upper division accounting and 15 semester/22 quarter hours of upper division general business courses.
*Work experience shall include any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax, or consulting skills, all of which must be verified by a certified public accountant who is licensed by a state or territory of the United States and who has supervised the applicant. This experience is acceptable if it was gained through employment in government, industry, academia, or public practice and constituted a substantial part of the applicant's duties.
The experience must either average at least twenty (20) hours a week over no more than one hundred and four (104) weeks or average no more than forty (40) hours a week over no more than fifty-two (52) weeks. Reasonable vacation time and sick leave or other required absences may be permitted. The supervisor, in her or his report to the Department, shall certify that the applicant rendered such services as are customarily performed by full-time, regularly employed staff employees for a minimum of 2,000 hours gained over a period of not less than fifty-two (52) or more than one hundred and four (104) weeks. The sequence of the experience is considered immaterial, that is, whether the experience was secured before or after taking the examination, or partly before the examination and partly after the examination, provided the two periods combined equal at least one year.
61H1-36.004 Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances.
(1)(a) The board sets forth below a range of disciplinary guidelines from which disciplinary penalties will be imposed upon practitioners guilty of violating Chapter 473, F.S. The purpose of the disciplinary guidelines is to give notice to licensees of the range of penalties which will normally be imposed upon violations of particular provisions of Chapter 473, F.S. The disciplinary guidelines are based upon a single count violation of each provision listed. All penalties at the upper range of the sanctions set forth in the guidelines, i.e., suspension, revocation, etc., include lesser penalties, i.e., fine, probation or reprimand which may be included in the final penalty at the board's discretion.
(b) Standard probationary terms will include, as applicable, a review of the licensee's practice, including analysis of selected financial statements (including working papers), restriction of the scope of the licensee's practice and review of internal controls put in place by the licensee in order to eliminate the violation. All of the above will usually include the use of a CPA consultant employed by the Department of Business and Professional Regulation or approved by the Board and will usually require the licensee to assume the cost of the consultant's activities. Additional continuing education may also be required of a licensee where deficiencies in a particular practice area are noted. In all cases of probation or suspension a report showing compliance with the terms of the final order must be received and accepted by the Board prior to the termination of the probation or suspension. Other specific terms of probation or suspension may be imposed, as necessary, by the Board.
(2) The following disciplinary guidelines shall be followed by the board in imposing disciplinary penalties upon licensees for violation of the below mentioned statutes and rules:
(https://www.flrules.org/gateway/readFile.asp?sid=0&tid=2087651&type=1&file=61H1-36.004.doc)
VIOLATION PENALTY RANGE
MINIMUM MAXIMUM
(a) Attempting to Revocation and $5,000 fine if
procure license licensed (denial of license and
by bribery or refer to State Attorney if
fraudulent not licensed)
misrepresentation
(Sections 455.227(1)(h), 473.323(1)(b), F.S.)
(b) CPA License Same penalty as imposed in
disciplined by other jurisdiction or
another jurisdiction imposition of same range of
(Sections 455.227(1)(f), 473.323(1)(c), F.S.) penalties as those set forth
in those rules for the same
type of violation.
(c) Criminal Misdemeanor: Reprimand and
conviction relating to Reprimand $5,000 fine
accountancy one (1) year suspension
(Sections 455.227(1)(c), 473.323(1)(d), F.S.) and two (2) year probation
Felony: One (1) year Revocation and $5,000 fine
suspension; two (2) year
probation
$5,000 fine
(d) Knowingly Reprimand Revocation and
making or filing one (1) year $5,000 fine
false report probation
(Sections 455.227(1)(g), (1)(l), 473.323(1)(e), F.S.)
(e) Fraudulent, false, deceptive or Letter of Reprimand,
misleading advertising Guidance one (1) year
(Section 473.323(1)(f), F.S., Rule 61H1-24.001, F.A.C.) probation and
$5,000 fine
(f) Incompetence Suspension until ability to
(mental or physical practice proved, followed by
impairment) probation
(Section 473.323(1)(g), F.S.)
(Rule 61H1-36.001(3), F.A.C.)
(g) Fraud, deceit or misleading (Sections 455.227(1)(a), (m), 473.323(1)(g), (k), F.S.) Reprimand, one (1) year suspension;
two (2) years probation and $5,000 fine $5,000 fine and revocation
(h) Negligence or Letter of Guidance Reprimand and one (1) year
misconduct probation (continuing education
and review of practice at
1.Technical standards and professional competence licensee's expense and limited
area of practice)
(Sections 455.227(1)(o), 473.315, F.S.; Rule 61H1-21.006 and Chapter 61H1-22, F.A.C.)
2. Lack of independence Reprimand, Reprimand,
(Sections 473.315, 473.319, 473.3205, F.S.; Rule 61H1-21.001, F.A.C.) one (1) year probation with review of
practice and continuing education one (1) year suspension, two (2) years probation and review of practice and continuing education
3. Commissions and contingent fees Reprimand One (1) year suspension,
(Rules 61H1-21.001, 61H1-21.003, 61H1-21.005, F.A.C.) two (2) years probation
$5,000 fine
4. Client records disposition Letter of Suspension until records are
(Rule 61H1-23.002, F.A.C.) Guidance returned
(i) Practicing on Revoke if previously
suspended or suspended; refer to State
revoked license Attorney if previously
(Section 473.323(1)(i), F.S.) revoked
(j) Practicing on inactive Reprimand and fine based on
or delinquent license length of time in practice while
(Sections 455.271, 473.323(1)(i), F.S.) inactive; $100/month or $5,000
maximum (penalty will require
licensure or cease
practice)
(k) Licensees practicing Reprimand and $100 per
in an unlicensed firm month fine to maximum of
(including sole proprietors) $5,000 and suspension of right
or otherwise in to practice until corrected
violation of Sections 473.309,
473.3101, and 473.323(1)(g), F.S.; Rule 61H1-26.001, F.A.C.
(l) Suspension of Same penalty as imposed by
right to practice agency or imposition of same
in front of any state range of penalties as those
or federal agency set forth in those rules for
(Sections 455.227(1)(f), 473.323(1)(j), F.S.) the same type of violation
(m) Lack of Good Reprimand; Revocation
Moral Character and one year
(Section 473.323(1)(l), F.S.) probation
(n) Failure to pay fines or $100 per month late fee for Revocation
administrative costs imposed every month the licensee is late
by final order or citations set to a maximum of $5,000
forth in Rule 61H1-36.005, F.A.C.
(o) Violation of CE requirements (Section 473.323(1)(a) by 473.312 or 473.323(1)(h), 455.227(1)(q), F.S., by Rule 61H1-33.003 and/or 61H1-33.0035, F.A.C.) Reprimand, probation, make up missed CEs and penalty CEs Suspension and $1,000 fine
(p) Violation of client confidentiality (Section 473.323(1)(a) or 455.227(1)(q), F.S., by Rule 61H1-23.001, F.A.C.) Reprimand, probation, and $1,000 fine Suspension and $5,000 fine
(q) Misleading or deceptive name (Section 473.323(1)(a) by 473.321, F.S.) Reprimand, probation, and $1,000 fine Suspension and $5,000 fine
(r) Violation of Section 473.323(1)(a) by 473.322, F.S.:
(s) Failure to provide legally-required written disclosure to client or public (violation of Section 473.323(1)(m), F.S. Reprimand, probation, and $1,000 fine Suspension and $5,000 fine
(t) Violation of Section 473.323(1)(a) by 455.227(1), F.S.:
(u) Failure to maintain current address (violation of Sections 455.275, 455.227(1)(q), and 473.323(1)(h), F.S., by violating Rule 61H1-26.005, F.A.C.) Reprimand and $500 fine Suspension and $1,000 fine
(v) Standards for assembly of financial statements (violation of Sections 455.227(1)(q) and 473.323(1)(h), F.S., by Rule 61H1-20.0053, F.A.C.) Reprimand, probation, and $1,000 fine Suspension and $5,000 fine
(w) Violation of Sections 473.323(1)(h) and 455.227(1)(q), F.S., by Rule 61H1-25.001, F.A.C. Same as (t)2. supra Reprimand, probation, and $1,000 fine Suspension and $5,000 fine
(x) Minimum capital (violation of and Sections 455.227(1)(q) and 473.323(1)(h), F.S., by Rule 61H1-26.002, F.A.C.) Reprimand, probation, $1,000 fine and corrective action. Must document required capital Suspension and $5,000 fine
(y) Licensure of firm names and changes (violation of Sections 455.227(1)(q) and 473.323(1)(h), F.S., by Rules 61H1-26.003 and 61H1-26.004, F.A.C.) Reprimand, probation, $100/ month fine and corrective action. Must document licensure Suspension and $5,000 fine
(z) Failure to report discipline violation (Section 455.227(1)(i), F.S.) Reprimand, probation, and $1,000 fine Suspension and $5,000 fine
(3) The Board shall be entitled to deviate from the above-mentioned guidelines upon a showing of aggravating or mitigating circumstances by clear and convincing evidence presented to the Board prior to the imposition of a final penalty.
(a) Aggravating circumstances; circumstances which may justify deviating from the above set forth disciplinary guidelines and cause the enhancement of a penalty beyond the maximum level of discipline in the guidelines shall include but not be limited to the following:
(b) Mitigating circumstances; circumstances which may justify deviating from the above set forth disciplinary guidelines and cause the lessening of a penalty beyond the minimum level of discipline in the guidelines shall include but not be limited to the following:
Specific Authority 455.2273 FS. Law Implemented 455.2273, 473.323(1)(m) FS. History–New 1-7-87, Amended 9-16-87, 8-25-88, 6-18-91, 12-30-91, Formerly 21A-36.004, Amended 12-7-93, 5-23-94, 8-16-99, 1-31-05.
61H1-36.0055 Minor Violation, Notice of Non-Compliance.
(1) Pursuant to Section 455.225(3), F.S., the Department may issue a notice of non-compliance to a licensee for an initial offense of a minor violation. Failure of the person to whom a notice of non-compliance is issued to take corrective action which is set forth in the notice of violation within 15 days of the receipt of the notice may result in further disciplinary action.
(2) The following violations are minor violations for which the Department may issue a notice of non-compliance:
(a) Retention of client records when records are returned within three months of the date requested and there is no evidence that the initial failure to return the records was due to any fees not being paid.
(b) Use of "& Associates" in a firm name when the firm does not have a licensee that qualifies as the "associate".
(c) Licensees practicing in a firm which was not licensed within three months of the date the firm began doing business. Any late fees shall still apply.
(d) Practicing on a delinquent license for up to three months.
(e) Failure to timely complete required CPE if failure is due to erroneous belief that completed CPE satisfied requirements and deficiency has been completed.
(f) Failure to notify the Board in writing within 30 days of the occurrence of any of the following:
(g) Failure to provide the Board with a list of all co-partners, shareholders or members in the U.S. pursuant to subsection 61H1-26.004(2), F.A.C.
(h) Employment by a CPA firm of any person with a delinquent or inactive license; or, working for a CPA firm with an inactive or delinquent license for one year or less.
(i) Issuance of a check to the Board or Department that is subsequently dishonored.
(3) The Department shall not issue a notice of non-compliance for any subsequent violations of the same provision of the law or rules to the same licensee, registrant or certificate holder, within a three-year period following the initial notice of non-compliance for violation of that provision.
Specific Authority 455.225(3), 473.304 FS. Law Implemented 455.225, 473.3101 FS. History-New 10-15-97, Amended 7-16-98, 8-16-99, 7-23-06.
61H1-36.003 Time for Payment of Civil Penalties.
In cases where the Board of Accountancy imposes a civil penalty for violation of Chapter 455 or 473, F.S., or the rules promulgated pursuant thereunder, the penalty shall be paid within thirty (30) days of its imposition by Order of the Board.
Specific Authority 455.227(2), 473.304 FS. Law Implemented 455.227(2) FS. History–New 2-3-81, Formerly 21A-36.03, 21A-36.003.