61B-30.006. Procedure for Filing and Use of Advertising

(1) All advertising, including scripts for radio, telephone and television, used in promoting a mobile home park under the jurisdiction of the division must be filed pursuant to the requirements of Section 723.016, F.S.

(2) “Filed with the division” means that advertising materials and a completed BPR form 403, Advertising Filing Statement, incorporated herein by reference and effective 8-31-94, which may be obtained by writing to the Division of Florida Condominiums, Timeshares, and Mobile Homes, Northwood Centre, 1940 North Monroe Street, Tallahassee, Florida 32399-1033, have been received by the division in the Tallahassee, Florida office. The date of receipt shall constitute the date of filing.

(3) The developer, park owner or mobile home dealer is not required to refile an advertising piece once it has been filed provided there are no changes made to that advertising piece. Changes only in the size of the advertising piece shall not be considered a change.

(4) Advertising filed with the Division may provide blank spaces for dollar amounts and the number of available lots if it clearly indicates the type of information to be included. For example, a blank space for rent may be preceded by a dollar sign.

(5) In determining whether advertising materials violate Section 723.016, F.S., or these rules, the Division shall consider both explicit representations and reasonable inferences created by such material. To determine whether misreprresentations or misleading impressions are made, the Division shall review the advertising materials in their totality.

(6) Advertising shall be consistent with the disclosures in the prospectus required by Section 723.012, F.S.

(7) Advertising shall not use such terms as “minutes away”, “short distance”, “only miles”, “near” or similar terms to indicate distances unless the actual distance in road miles is used in conjunction with such terms.

(8) Advertising shall not contain statements, photographs, or sketches relating to facilities for recreation, sports or other conveniences which are not presently in existence or located in the park unless it is clearly stated that such facilities are merely proposed if they do not exist; or, if they are not located in the park, a statement to that effect and the actual distance thereto in road miles is stated.

(9) Forecasts of future events or population trends contained in advertising shall be based upon verifiable facts and shall be pertinent to the offering.

(10) Any reference to a guarantee must specifically state what is guaranteed.

(11) The advertising shall not represent that the lot rental amount or any part of the lot rental amount of the lessee will not increase unless all financial obligations of the lessee are guaranteed not to increase or a conspicuous statement is made disclosing that the lessee will be required to pay other charges which are not guaranteed.

Specific Authority 723.006(7) FS. Law Implemented 723.012, 723.016, 723.017 FS. History–New 1-10-85, Formerly 7D-30.06, 7D-30.006, Amended 8-31-94, 1-19-97.