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Florida Administrative Code (Last Updated: April 18, 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-17. Filings |
1(1) If the developer wishes to use alternative media (for example, CD-ROM) for delivery of documents to purchasers, the developer must give the purchaser the option of receiving paper documents or alternative media documents. The purchaser’s choice of delivery method shall be set forth in writing on a form called the “alternative media disclosure statement.” The form “alternative media disclosure statement” shall be filed with the 67divison for 69review and approval along with other required documents. The form shall:
80(a) Be separate from other documents delivered;
87(b) Disclose the system requirements (for example, operating system, memory, hard drive, processor speed, printer requirements, software) necessary to view the alternative media documents;
111(c) State that the purchaser should not select alternative media unless the purchaser will have the means to read the documents before the expiration of the 15-day cancellation period. The alternative media disclosure statement shall be listed on the form receipt for documents in the manner prescribed in DBPR Form CO 6000-6, Receipt for Condominium Documents, incorporated herein by reference, 171http://www.flrules.org/Gateway/reference.asp?No=173R174ef-03408, 175and effective 8-26-04, and as required in subsection 18361B-18.004(3), 184F.A.C. 185A copy of this form can be obtained by contacting the 196Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030217. 218If a portion, but not all, of the documents are delivered through the use of alternative media, the developer shall identify in the prospectus table of contents and in the receipt for condominium documents which documents are being delivered via alternative media and which documents are being delivered in paper form.
269(2) Prior to delivery of documents to a purchaser via alternative media, the developer must submit to the division a sample copy of the alternative media proposed for use by the developer together with an executed certificate, using the form prescribed in DBPR Form CO 6000-5, Certificate of Identical Documents, referenced in Rule 32261B-17.002, 323F.A.C., certifying that the portion of the documents delivered via alternative media is identical in form and substance to the corresponding portion of the documents reviewed and accepted by the division.
354(3) In the event that the developer amends the documents and wishes to deliver the amendment to purchasers via alternative media, the provisions of this rule shall apply.
382Rulemaking Authority 384718.501(1)(f), 385718.501(1)(c) FS. 387Law Implemented 389718.502, 390718.503, 391718.504 FS. 393History–New 1-26-03, Amended 12-10-13.
