Fla. Admin. Code Ann. R. 34-8.011 - Penalties for Late Filing

(1) Upon determining that a CE Form 6 - Full and Public Disclosure of Financial Interests has not been filed by the due date, Commission staff shall send a notice by email notifying the delinquent person of the failure to timely file, and shall redeliver the notice on a weekly basis by email as long as the person remains delinquent.

(2) Upon determining that the Full and Public Disclosure of Financial Interests has been filed after the due date or that the maximum fine has accrued, Commission staff shall send a notice by email notifying the filer of the amount of the payment due for the accrued fine, and of the filer's right to appeal or dispute the fine as provided in Rule 34-8.015, F.A.C.

(3) The fine shall be $25.00 per day for each late day, up to a maximum of $1, 500.00. Commission staff shall determine the amount of the fine due, once electronic filing goes active, based upon when the CE Form 6 - Full and Public Disclosure of Financial Interests was submitted through the electronic filing system created and maintained by the Commission as provided in Section 112.31446, F.S.

(4) 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 34-8.015, F.A.C. Commission staff shall deposit all fine moneys into the General Revenue Fund.

(5) Where a fine is not appealed, or is appealed but is not waived, the Commission will, following entry of its final order pursuant to Rule 34-8.015, F.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.

(6) 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.

(7) 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.

Notes

Fla. Admin. Code Ann. R. 34-8.011

Rulemaking Authority 112.3144, 112.322(9) FS. Law Implemented 112.3144, 112.31455 FS.

New 11-7-01, Amended by Florida Register Volume 41, Number 189, September 29, 2015 effective 10/12/2015, Amended by Florida Register Volume 47, Number 218, November 9, 2021 effective 1/1/2022, Amended by Florida Register Volume 49, Number 158, August 15, 2023 effective 1/1/2024.

New 11-7-01, Amended 10-12-15, 1-1-22, 1-1-24.