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

> District Court of Appeal of Florida · October 16, 1991 · 589 So. 2d 1352

URL: https://www.frixlaw.com/law-library/cases/7596572

## Case

- **Full name:** STATE of Florida, DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF ACCOUNTANCY v. Richard RAMPELL
- **Court:** District Court of Appeal of Florida
- **Decided:** October 16, 1991
- **Citations:** 589 So. 2d 1352; 1991 Fla. App. LEXIS 10150; 1991 WL 205842
- **Precedential status:** Published
- **Opinion:** Concurring in part by Stone
- **Judges:** Polen, Stone, Warner
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7596572

## Opinion text

STONE, Judge,
concurring in part and dissenting in part.
I concur in part I of the majority opinion. I would also reverse the trial court finding that section 473.317(1), Florida Statutes, is unconstitutional, and accordingly dissent. I cannot conclude that a prohibition against competitive bidding, in the limited circumstance of attested statements, fails to meet the Central Hudson standards.
In my judgment, the statutory scheme advances a valid government interest sufficiently limited and tailored to address the goal of protecting third parties, such as stockholders, investors, guarantors, creditors, and various government entities, having no alternative to reliance on the integrity and independence of the attesting auditor. I recognize that the record in this case is not as strongly supportive of the need for this legislative solution as might have been expected. Nevertheless, I cannot conclude that the legislature could not validly determine that this was a necessary part of an overall scheme to protect the public.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7596572. Public record. Not legal advice.