Florida Regulations 65-6.023: Enforcement of Delinquent Accounts
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(1) An account is considered delinquent when a charge for fees remains unpaid for 61 days from the date the charge was made to the account.
(2) The department shall charge interest on amounts which remain unpaid for over 6 months from the date the amount was charged to the account.
(a) The interest rate charged shall be equal to the average rate of interest earned by the Chief Financial Officer on state funds deposited in commercial banks as reported by the Treasurer for the previous year.
(b) Payments received on accounts which have been charged interest shall first be applied to interest charges. Any remaining amounts shall be applied to the oldest charges.
(3) Any negotiation or settlement of accounts must occur within 120 days of the date the account becomes delinquent. The Regional Managing Director or Facility Administrator shall designate the persons authorized to negotiate and settle accounts on behalf of the department.
(4) The department may write-off an account which has been determined as uncollectible. If subsequent to writing-off an account the department determines that collection potential exists, enforcement of collection may be made in accordance with the provisions of this rule, unless the assessed fee has been negotiated or the account settled.
(5) Unpaid fees for services provided by the department to a client constitute a lien on any property owned by the client or the client’s responsible party which property is not exempt by Fla. Const. Art. X, § 4,.
(6) Upon the death of a person against whom the department has a claim, the department shall file such caveats as are in the best interest of the state. If the department effects recovery, the fund from which the filing fee for the caveat was paid shall be reimbursed.
Rulemaking Authority Florida Statutes § 402.33(8). Law Implemented Florida Statutes § 402.33. History-New 1-23-85, Formerly 10-6.23, Amended 1-27-86, Formerly 10-6.023, Amended 11-26-18.
Terms Used In Florida Regulations 65-6.023
- Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(a) The interest rate charged shall be equal to the average rate of interest earned by the Chief Financial Officer on state funds deposited in commercial banks as reported by the Treasurer for the previous year.
(b) Payments received on accounts which have been charged interest shall first be applied to interest charges. Any remaining amounts shall be applied to the oldest charges.
(3) Any negotiation or settlement of accounts must occur within 120 days of the date the account becomes delinquent. The Regional Managing Director or Facility Administrator shall designate the persons authorized to negotiate and settle accounts on behalf of the department.
(4) The department may write-off an account which has been determined as uncollectible. If subsequent to writing-off an account the department determines that collection potential exists, enforcement of collection may be made in accordance with the provisions of this rule, unless the assessed fee has been negotiated or the account settled.
(5) Unpaid fees for services provided by the department to a client constitute a lien on any property owned by the client or the client’s responsible party which property is not exempt by Fla. Const. Art. X, § 4,.
(6) Upon the death of a person against whom the department has a claim, the department shall file such caveats as are in the best interest of the state. If the department effects recovery, the fund from which the filing fee for the caveat was paid shall be reimbursed.
Rulemaking Authority Florida Statutes § 402.33(8). Law Implemented Florida Statutes § 402.33. History-New 1-23-85, Formerly 10-6.23, Amended 1-27-86, Formerly 10-6.023, Amended 11-26-18.