34-8.011. Penalties for Late Filing  


Effective on Monday, October 12, 2015
  • 1(1) Upon determining that a CE Form 6 has been filed after the due date or that the maximum fine has accrued, Commission staff shall send a notice by U.S. Mail notifying the delinquent person of the failure to timely file, of the amount of the payment due for the accrued fine, and of the person’s right to appeal or dispute the fine as provided in Rule 6834-8.015, 69F.A.C.

    70(2) The fine shall be $25 per day for each late day, up to a maximum of $1,500. Commission staff shall determine the amount of the fine due based upon the earliest of the following:

    106(a) When the CE Form 6 is actually received by the Commission;

    118(b) When the CE Form 6 is postmarked;

    126(c) When the certificate of mailing is dated; or

    135(d) When the receipt from an established courier company is dated.

    146(3) The fine must be paid within 30 days after the notice of payment due is transmitted, unless appeal is made to the Commission as provided in Rule 17434-8.015, 175F.A.C. Commission staff shall deposit all fine moneys into the General Revenue Fund.

    188(4) 189Where a fine is not appealed, or is appealed but is not waived, the Commission will, following entry of its final order pursuant to Rule 21434-8.015, 215F.A.C., attempt to determine whether the individual owing such fine currently serves as a public officer or employee. If the individual owing the fine is a public officer or employee, the Commission may notify the Chief Financial Officer or the governing body of the appropriate county, municipality, or special district of the total amount of the fine and request salary withholding to recover the fine.

    280(5) If payment of the fine cannot be obtained through salary withholding and the fine remains unpaid for more than 60 days, the Commission may refer the unpaid fine to the appropriate collection agency, as directed by the Chief Financial Officer, to utilize any collection methods provided by law.

    329(6) If the individual owing the fine is no longer a public officer or employee, or if the Commission is unable to determine whether the individual is a public officer or employee, the Commission may, six months after the order becomes final, seek garnishment of any wages to satisfy any unpaid portion of the fine.

    384Rulemaking Authority 386112.3144, 387112.322(9) FS. 389Law Implemented 391112.3144, 392112.31455 FS. 394History–New 11-7-01, Amended 10-12-15.

     

Rulemaking Events:

Historical Versions(1)

Select effective date to view different version.