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AW 91 Wk TWAI Z [49 Wk <br />tax, less costs of administration of the local collection, shall be paid and returned, on <br />a monthly basis, to Indian River County, Florida, for use by the County in accordance <br />with the provisions of this chapter and shall be placed in the "Indian River County <br />Tourist Development Trust Fund" <br />(i) The Indian River County Clerk of the Circuit Court assumes all <br />responsibility for collecting and enforcing payment of current and delinquent Tourist <br />Development Taxes, The Clerk of the Circuit Court adopts any and all powers and <br />authority granted to the State of Florida in Section 125.0104 and Chapter 212, <br />Florida Statutes, and as further incorporated therein to determine the amount of the <br />Tax, penalties and interest to be paid by each dealer and to enforce payment of such <br />Tax, penalties, and interest by, but not limited to, distress warrants, writ of <br />garnishments and criminal penalties as provided in Chapter 212, Florida Statutes. In <br />addition to criminal sanctions, the clerk is empowered, and it shall be its duty, when <br />any tax becomes delinquent or is otherwise in jeopardy under this section, to issue a <br />warrant for the full amount of the tax due or estimated to be due, with the interest, <br />penalties and cost of collection, directed to all and singular the sheriffs of the state, <br />and shall record the warrant in the public records of the county; and thereupon the <br />amount of the warrant shall become a lien on any real or personal property of the <br />taxpayer in the same manner as a recorded judgment. The clerk may issue a tax <br />execution to enforce the collection of taxes imposed by this section and deliver it to <br />the sheriff. The sheriff shall thereupon proceed in the same manner as prescribed <br />by law for executions and shall be entitled to the same fees for his services in <br />executing the warrant to be collected. The clerk may also have a writ of garnishment <br />to subject any indebtedness due to the delinquent dealer by a third person in any <br />goods, money, chattels or effects of the delinquent dealer in the hands, possession <br />or control of the third person in the manner provided by law for the payment of the <br />tax due. Upon payment of the execution, warrant, judgment or garnishment, the <br />clerk shall satisfy the lien of record within thirty (3) days. <br />Q) As specifically provided by Section 212.12, Florida Statutes, Penalties <br />for Non -Compliance, when any person, firm, or corporation required hereunder to <br />make any return or to pay the tax imposed, fails to timely file such return or fails to <br />pay the tax due with in the time required hereunder, in addition to all other penalties <br />provided herein and by the laws of this state in respect to such taxes, a specific <br />penalty shall be added to the tax in the amount of ten percent (10%) of any unpaid <br />tax, if the failure is for not more than thirty (30) days, or fraction thereof, during the <br />time which the failure continues, not to exceed a total penalty of fifty percent (50%), <br />in the aggregate, of any unpaid tax. In no event may the penalty be less than TEN <br />AND NO/100 DOLLARS ($10.00) for failure to timely file a tax return required. <br />(k) Interest <br />earned <br />on <br />the <br />tax <br />collections <br />received <br />by the <br />Indian <br />River <br />County Clerk of the <br />Circuit <br />Court shall be <br />remitted <br />by the Clerk <br />of the Circuit <br />Court <br />on a quarterly basis <br />to <br />be placed in the <br />Indian River <br />County <br />Tourist Development <br />Tax Fund. <br />(1) The Clerk of the Circuit Court of Indian River County or his/her <br />designated agent shall perform the audit functions associated with this tax, including, <br />without limitation, the following: <br />