Fla. Admin. Code R. 27P-14.005

Current through Reg. 50, No. 217; November 5, 2024
Section 27P-14.005 - Late Fees
(1) In addition to any registration, filing fee or Toxic Chemical Release Inventory fee required by Section 252.85, F.S., the Division shall add a late fee as provided in this section for the following:
(a) Each failure to file a report or filing that substantially complies with the requirements of EPCRA or Section 252.85, F.S., by the required due date; or
(b) Each failure to pay any fee required by Section 252.85, F.S.
(2) The following procedure shall be utilized by the Division to assess late fees:
(a) A written notification shall be sent which specifies the requirement that has not been met and the amount of the late fee to be paid if the report, filing, or fee necessary to meet the requirement is not submitted to the Division within 30 days of receipt of the notice. The amount of the late fee shall be equal to the amount of the annual registration, filing fee or Toxic Chemical Release Inventory fee required for timely submission, not to exceed $2,000.00 per late submission.
(b) If the report, filing, or fee is not submitted within 90 days after receipt of the first notice, the Division shall issue a second notice which specifies the requirement which has not been met and the amount of the late fee to be paid if the report or fee necessary to meet the requirement is not submitted within 30 days after receipt of the Division's second notice. The amount of the late fee shall be twice the amount of the annual registration, filing fee or Toxic Chemical Release Inventory fee required for timely submission, not to exceed $4,000.00 per late submission.
(3) The date of receipt of notice by the owner or operator shall be the actual date of receipt as evidenced by the executed postal return receipt.
(4) If the report, fee, or both, are mailed, the date of submittal by the owner or operator shall be the postmark. If the report, fee, or both, are hand delivered, the date of submittal by the owner or operator shall be the date of actual receipt by the Division as evidenced by the Division's date stamp. Hand delivery includes the use of overnight or other private mail carriers.

Fla. Admin. Code Ann. R. 27P-14.005

Rulemaking Authority 252.35(2)(x), 252.83(1), 252.85(5) FS. Law Implemented 252.85 FS.

New 11-24-88, Amended 12-31-92, 6-1-95, 2-26-97, 12-20-98, Formerly 9G-14.005.

New 11-24-88, Amended 12-31-92, 6-1-95, 2-26-97, 12-20-98, Formerly 9G-14.005.