Section 69I-24.004 - Interest Penalty Payments(1) In the event a warrant in payment of an invoice is not issued within 40 days after receipt of the invoice and receipt, approval and inspection of either the request for reimbursement or the goods or services, the agency shall be liable to the vendor, state officer or employee, in addition to the amount of the invoice, interest on the unpaid balance from the expiration of the 40-day period, until such time as the warrant is issued. The daily rate shall be: (a) .03333% for each day before January 1, 1995, that the invoice remains unpaid; and(b) The rate provided in chapter 69I-25, F.A.C., for each day after December 31, 1994, that the invoice remains unpaid.(2) The interest penalty payment requirements of this rule shall apply to undisputed amounts for which payment has been authorized for either reimbursement or for goods or services. Bona fide disputes shall be resolved by the vendor or the state officer or employee and the agency pursuant to appropriate provisions of law. In case of an error on the part of the vendor, state officer or employee, the 40-day period shall begin to run upon correction of the error.(3) The provisions of this rule shall apply equally to the payment for services provided by a health care provider except that the daily rate shall always be .03333% and the warrant in payment thereof shall be issued within 35 days after the date eligibility for payment of the claim is determined. The penalty payment provisions shall not apply when the filing requirements of the chapter have been waived in whole by the Department of Financial Services.(4) State agencies are responsible for initiating interest payments and shall add such interest to the invoice at the time of submission to the Department for payment whenever possible. However, since the agency cannot include the correct amount of interest payable at the time of submission of the original payment due to the interest being calculated on a daily basis, the Department will generate a document which identifies apparent interest penalty payments owing to each vendor. Such reports shall be prepared each working day and transmitted to the appropriate agency.(5) In the event the agency wishes to dispute an apparent interest penalty payment included on a daily report, the agency shall within 14 days notify the Department in writing of the dispute and otherwise comply with subsection (7) hereof.(6) Interest payments shall be vouchered separately and object coded 8910XX with the document generated by the Department being submitted as supporting documentation with the agency voucher. Interest penalty payment shall be paid within 15 days after the warrant is issued.(7)(a) A vendor, state officer or employee may assert his right to an interest penalty payment either through the purchasing or reimbursing agency or through the Department. The Department may be contacted at the following: Vendor Ombudsman
Bureau of Accounting
Department of Financial Services
200 East Gaines Street
Tallahassee, Florida 32399-0354
(850) 410-9724 or 1 (800) 848-3792
The vendor, state officer or employee which is making the claim and the agency against which the claim is made shall provide the Department sufficient information to identify the situation and the basis of the claim.
(b) The Department shall review the representations of the vendor, state officer or employee which is making the claim and the agency against which the claim is made. If all parties agree to the relevant facts, then appropriate action will be taken to pay the interest penalty if any is due. If there is a disagreement between the parties and the amount of the interest penalty in dispute is less than $1,000, the Department shall designate an employee to serve as the arbitrator for the purpose of resolving the dispute in a manner which affords the parties the Constitutional right of due process.(c) In the event that the interest penalty in dispute is $1,000 or more, the Department shall send notice of its intended action to the parties. Such notice shall conform with the requirements of chapter 120, F.S..(d) Payment of interest penalties of less than $1 (one) will not be enforced unless the vendor, officer or employee entitled to the proceeds requests the interest penalty from the paying agency. Such request need not be made in writing.Fla. Admin. Code Ann. R. 69I-24.004
Rulemaking Authority 17.29, 215.422(8) FS. Law Implemented 215.422 FS.
New 3-8-90, Amended 9-3-91, 11-30-94, Formerly 3A-24.004.New 3-8-90, Amended 9-3-91, 11-30-94, Formerly 3A-24.004.