(a) Subject to the time limitations and requirements of Section 166.234, Florida Statutes, Interest and penalties may be charged by the town to the seller upon any late payment of tax revenues or filing of a required return. No interest or penalty shall be passed through or passed along to consumer purchasers.
(b) No penalty shall be assessed against a seller, unless the Town Manager determines the existence of willful neglect, willful negligence, or fraud. Said determination may be appealed to the Town Commission, if said appeal is filed within 30 days of the date of the Town Manager's determination. Penalties may be assessed at a rate of 5% per month of the delinquent tax, not to exceed a total penalty of 25%, except that in no event shall the penalty for failure to file a return be less than $15. In the case of a fraudulent return or a willful intent to evade payment of the tax, the seller making such fraudulent return or willfully attempting to evade payment of the tax, shall be liable for a specific penalty of 100% of the tax.
(c) Interest may be charged at a rate of 1% per month of the delinquent tax from the date that the tax was due until paid.
(d) Interest and penalties shall be computed on the net tax due after application of any overpayments, and shall be subject to compromise as provided by law.
(Legislative Authority: Section 166.234(4), (5), (7), and (8), Florida Statutes (2007))
(Ord. 98-02, passed 3-16-98; Am. Ord. 2008-05, adopted 6-18-08)