Florida Regulations 34-8.210: Penalties for Late Filing
Current as of: 2024 | Check for updates
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(1) Upon determining that a CE Form 1 – Statement of Financial Interests has not been filed by the due date, Commission staff shall send a notice by U.S. Mail 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 Statement 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 Fl. Admin. Code R. 34-8.215
(3) 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 when the CE Form 1 – Statement of Financial Interests was submitted through the electronic filing system created and maintained by the Commission as provided in s. 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 Fl. Admin. Code R. 34-8.215 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 Fl. Admin. Code R. 34-8.215, attempt to determine whether the individual owing such fine currently serves as a public officer or employee.
(a) 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.
Rulemaking Authority Florida Statutes § 112.322(9). Law Implemented 112.3145, 112.31455 FS. History-New 11-7-01, Amended 10-12-15, 1-1-24.
Terms Used In Florida Regulations 34-8.210
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
(3) 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 when the CE Form 1 – Statement of Financial Interests was submitted through the electronic filing system created and maintained by the Commission as provided in s. 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 Fl. Admin. Code R. 34-8.215 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 Fl. Admin. Code R. 34-8.215, attempt to determine whether the individual owing such fine currently serves as a public officer or employee.
(a) 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.
Rulemaking Authority Florida Statutes § 112.322(9). Law Implemented 112.3145, 112.31455 FS. History-New 11-7-01, Amended 10-12-15, 1-1-24.