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STATE DEPT. OF PRO. REG. v. RAMPELL

No. 89-2668.

589 So.2d 1352 (1991)

STATE of Florida, DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF ACCOUNTANCY, Appellant, v. Richard RAMPELL, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearings and Clarification Denied January 14, 1992.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and John J. Rimes, III, Asst. Atty. Gen., Tallahassee, for appellant.

Robert M. Montgomery, Jr. of Montgomery & Larmoyeux and Philip M. Burlington of Edna L. Caruso, P.A., West Palm Beach, for appellee.

Kenneth R. Hart and Steven P. Seymoe of Ausley, McMullen, McGehee, Carothers & Proctor, Tallahassee, for amicus curiae, Florida Institute of Certified Public Accountants.

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

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