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Florida Administrative Code (Last Updated: October 28, 2024) |
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61. Department of Business and Professional Regulation |
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61B. Division of Florida Condominiums, Timeshares and Mobile Homes |
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61B-39. Filing Requirements For Public Offering Statements |
1For purposes of Sections 5721.07, 6721.55, 7and 8721.551, 9Florida Statutes, and these rules, the following definitions apply:
18(1) “Alternative media” means any visually or audibly perceptible and legible display format which may require the use of a device or a machine to be viewed, including CD-ROM, microfilm, electronically transferred data, computer disk, computer or electronic memory, cassette tape, compact disk or video tape.
64(2) “Any change to an approved filing” for purposes of Section 75721.07(3)(a)1., 76Florida Statutes, means any actual or physical fact or circumstance which would render any part of the approved registered POS false or misleading, whether or not such fact or circumstance was within the developer’s control.
111(3) “Approved Amendment” for purposes of Section 118721.07(3)(a)2., 119Florida Statutes, is an amendment, approved by the division, to that portion of the registered POS that constitutes the purchaser POS required to be delivered to an individual purchaser pursuant to Section 151721.07(6) 152or 153721.551, 154Florida Statutes, and these rules.
159(4) “Approved by the division” for purposes of Chapter 61B-39, F.A.C., means that the division has approved the filing or amendment pursuant to Section 183721.07, 184Florida Statutes.
186(5) “Business days” for purposes of these rules means every day that is not a Saturday, Sunday, or holiday for employees of the State of Florida.
212(6) “Days” shall be calculated in the following manner: The day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday, or legal holiday.
286(7) “Filed with the division” means that written materials have been received by the division in the Tallahassee, Florida, office and the date of receipt shall constitute the date of filing.
317(8) “Initial purchase price” means the price of the timeshare period not including title insurance, maintenance fees, exchange company management fees, costs of recordation, documentary stamp fees, or other similar costs.
348(9) “Notify,” for purposes of Sections 355721.06(1)(g) 356and 357721.065(2)(c), 358Florida Statutes, shall mean that a written notice of cancellation is delivered, by any means which may include certified mail return receipt requested, to the entity designated to receive the notice of cancellation in the statement required by Sections 397721.06(1)(g) 398or 399721.065(2)(c), 400Florida Statutes.
402(10) “Other required parties” means the timeshare purchasers, managing entity, the board of directors of the owners’ association, or similar person or entity.
425(11) “POS” means the public offering statement, as defined in Chapter 721, Florida Statutes. The terms “public offering statement” and “POS” shall refer to both a registered POS and a purchaser POS, unless these rules or the context requires otherwise.
465(12) “Receipt” or “received” for purposes of Sections 473721.07(2), 474721.07(3), 475and 476721.55, 477Florida Statutes, means that an original hard copy has been physically received by the division in the format required by these rules. No other form of submission shall be considered received for purposes of these rules. A date-stamp shall be evidence of receipt.
520(13) “Single-site” or “single-site timeshare plan” means a timeshare plan, as defined in Section 534721.05, 535Florida Statutes, that is not subject to the requirements of Sections 546721.55 547or 548721.551, 549Florida Statutes.
551(14) “Specified deficiencies” means deficiencies which have been specified by reference to the statutory section or subsection violated, but the term does not require a reference to the paragraph or language of the statute violated or the means or language by which the statutory deficiency may be corrected.
599(15) “Substantially complied” as used in Sections 606721.07(5)(gg) 607and 608721.55(5), 609Florida Statutes, means that:
613(a) The information required in Section 619721.07 620or 621721.55(5), 622Florida Statutes, or these rules if applicable, has been filed with the division;
635(b) The information has been filed in the format required in these rules if applicable; and
651(c) The purchasers have been furnished a purchaser POS pursuant to Section 663721.07(6) 664or 665721.551, 666Florida Statutes, and these rules.
671Specific Authority 673721.26(6) FS. 675Law Implemented 677721.07, 678721.55, 679721.551 FS. 681History–New 5-8-94, Amended 6-12-96, 3-23-97, 12-18-01.
