§ 41-94. Remittance of tax to city by seller.

(a)

Every seller is hereby required to execute and file not later than the 20th day of each month at the office of the city manager or his designee a certified statement on a form prescribed by the city manager or his designee, setting forth the amount of such excise tax to which the city became entitled under the provisions hereof on account of bills paid by purchasers during the preceding fiscal month, and, contemporaneously with the filing of such statements, shall pay the amount of such excise tax to the city manager or his designee.

(b)

The city manager or his designee shall assess interest and penalties in accordance with this subsection for failure of a seller to pay any tax when due or to file any required return or statement, except that no penalty shall be assessed in the absence of willful neglect, willful negligence, or fraud. Interest shall be assessed at a rate of one percent per month of the delinquent tax from the date the tax was due until paid. Penalties shall be assessed at the rate of five percent per month of the delinquent tax, not to exceed a total penalty of 25 percent, except that in no event will the penalty for failure to file a return be less than $15.00. In the case of a fraudulent return or statement or a willful intent to evade payment of the tax, the seller making such fraudulent return or statement or willfully attempting to evade payment of the tax shall be liable for a specific penalty of 100 percent of the tax. Interest and penalties shall be computed on the net tax due after application of any overpayments, and are subject to compromise by the city manager pursuant to F.S. § 166.234(14).

(c)

All collected tax, interest and penalties shall be deposited to the credit of the general fund of the city to be expended for city purposes in accordance with law.

(Ord. No. 03-05, § 1, 10-8-2003)