61H1-26.001: Form of Practice and Name-Shared Office Space
PURPOSE AND EFFECT: The Board proposes the rule amendment in order to clarify language concerning the certified public accountant.
SUBJECT AREA TO BE ADDRESSED: Form of Practice and Name-Shared Office Space.
SPECIFIC AUTHORITY: 473.304, 473.3101, 473.321 FS.
LAW IMPLEMENTED: 473.3101, 473.321 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Veloria Kelly, Division Director, Board of Accountancy, 240 N.W. 76th Dr., Suite A, Gainesville, Florida 32607
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT 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) A Florida certified public accountant licensee may practice public accounting under a fictitious name which is not misleading or deceptive as to the persons who are sole proprietors, partners, or shareholders; and
(b) A firm name may include the names of retired or deceased partners or shareholders or members who were active partners or shareholders or members of the entity. This provision permits a firm, in the same line of succession, to change from one form of business to another and continue to use the names of retired or deceased partners, shareholders or members.
(c) Use of the term “and Company” or “and Associates” requires at least one other fully employed Florida certified public accountant licensee or non certified public accountant CPA owner other than those named in the firm name; however, this rule does not preclude a Florida certified public accountant licensee initially meeting this requirement from using the above-mentioned terms if the Florida certified public accountant licensee subsequently does not fully employ at least one Florida certified public accountant licensee other than those named in the firm name.
(d) A firm may use the term “Certified Public Accountants” in the firm’s name if all owners are certified public accountants CPAs. If there are non certified public accountants CPA owners, the firm may use the terms “CPA Firm” “CPAs and Associates” or “Certified Public Accountants and Associates” provided the firm has more than one certified public accountant CPA. Further, a certified public accountant CPA firm with non certified public accountant CPA owners may not use the term Certified Public Accountants without indicating there are other owners such as Associates or Consultants.
(2) The term “certified public accountant(s)” or the abbreviation “CPAs” must appear with the name of a certified public accountant when used in connection with an expression of opinion.
(3) Florida cCertified pPublic aAccountants may share office facilities provided there is adequate disclosure that would enable a reasonable person to determine the practice is not associated with the profession or occupation not regulated by the Board, such as written agreements, signs, etc.
Rulemaking Specific Authority 473.304, 473.3101, 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,_________.