Legal Opinion

State, Department of Professional Regulation, Board of Accountancy v. Rampell

District Court of Appeal of Florida

Decided October 16, 1991No. 89-2668PublishedCited by 3 opinions

1Opinion of the Court

WARNER, Judge.

This appeal challenges the holding of the trial court that Florida Statutes prohibiting uninvited in-person direct solicitation of clients by certified public accountants and prohibiting competitive bidding by CPAs are unconstitutional as violative of the First Amendment. For the reasons hereinafter expressed, we reverse as to the solicitation and affirm as to the competitive bidding regulations.

I. Solicitation(a) Facts

Section 473.323(1)(Z), Florida Statutes (1989) provides that disciplinary action against certified public accountants may be taken for:

Engaging in direct, in…

2Cases cited17 opinions

  1. Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
  2. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.Supreme Court of the United States · 1976
  3. Board of Trustees of State Univ. of NY v. FoxSupreme Court of the United States · 1989
  4. Bates v. State Bar of ArizonaSupreme Court of the United States · 1977
  5. Ohralik v. Ohio State Bar Assn.Supreme Court of the United States · 1978

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3Cited by3 opinions

  1. Ippolito v. State of Fla.District Court, M.D. Florida · 1993
  2. Department of Professional Regulation, Board of Accountancy v. RampellSupreme Court of Florida · 1993
  3. DEPT. OF PRO. REG. v. RampellSupreme Court of Florida · 1993

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