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Solicitation ban removed in Florida.


SOLICITATION solicitation

In criminal law, the act of asking, inducing, or directing someone to commit a crime. The person soliciting another becomes an accomplice to the crime. The term also refers to the act of obtaining bribes, as well as to the crime of a prostitute who offers sexual
 BAN REMOVED IN FLORIDA

A Florida circuit court judge overturned two Florida statutes The Florida Statutes are the codified, statutory laws of the state of Florida. The laws are approved by the Florida Legislature, and signed into law by the Governor of Florida.  prohibiting solicitation of clients by an accountant. Richard Rampell brought suit against the state of Florida, contesting Florida statute section 473.317, which prohibited pro·hib·it  
tr.v. pro·hib·it·ed, pro·hib·it·ing, pro·hib·its
1. To forbid by authority: Smoking is prohibited in most theaters. See Synonyms at forbid.

2.
 fee quotations by accountants, and Florida statute section 473.323, which prohibited client solicitation by an accountant without prior invitation. Suit was brought by Rampell after a disciplinary complaint was filed against him for business solicitation of two potential clients.

In striking down the statutes, the court found they limited free speech and were overly broad in scope. The court went on to say these rules discouraged dis·cour·age  
tr.v. dis·cour·aged, dis·cour·ag·ing, dis·cour·ag·es
1. To deprive of confidence, hope, or spirit.

2. To hamper by discouraging; deter.

3.
 competition among accountants and favored senior accountants over newer members of the profession.

The case is currently being appealed. The outcome could be of national significance to accountants. (Rampell v. State of Florida, CL87-4207)

Wayne J. Baliga, CPA (Computer Press Association, Landing, NJ) An earlier membership organization founded in 1983 that promoted excellence in computer journalism. Its annual awards honored outstanding examples in print, broadcast and electronic media. The CPA disbanded in 2000. , JD, vice-president, AON Corp.
COPYRIGHT 1990 American Institute of CPA's
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1990, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Article Details
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Author:Baliga, Wayne J.
Publication:Journal of Accountancy
Date:Mar 1, 1990
Words:147
Previous Article:Fraud and financial projections.
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