61B-37.001. Definitions

For purposes of Sections 721.075, 721.11 and 721.111, Florida Statutes, and these rules, the following definitions apply:

(1) “Additional material” means any material except material whose primary effect is to create a new prize and gift promotional offer, substantially different from a previously filed offer, or to extend the expiration date of a previously filed offer more than three years beyond its original approval date.

(2) “Aggregate represented value” or “represented value” means a numerical value or percentage greater than zero for which supporting documentation has been furnished to the division prior to any offering of the incidental benefit.

(3) “Days” shall be calculated in the manner specified in Chapter 61B-39, F.A.C.

(4) “Filed with the division” means that written materials, including facsimile and electronic filing, if appropriate, have been received by the division in the Tallahassee, Florida office and the date of receipt shall constitute the date of filing.

(5) “Item” means a timeshare interest, a gift or prize premium, a product or service, or all of the above, as the context requires.

(6) “Lodging Certificates” means any promotion, arrangement, plan, scheme or other device, whether evidenced by contract, certificate, license, membership agreement, security, use agreement or otherwise, whereby a prospective timeshare purchaser is offered complimentary or discounted accommodations or facilities at any hotel, motel, campground, timeshare resort or other similar establishment regardless of where located, except that lodging certificates shall not mean the offering of the complimentary or discounted use of accommodations or facilities at a timeshare project by a developer, seller or promotional entity in connection with the offer for sale of a timeshare interest at such resort.

(7) “Promotional Entity” means the developer or seller of a time-share period, or any officer, agent or employer of such developer or seller, or any business entity of whatever nature which has entered into a contractual relationship with such developer or seller, which person or entity is responsible to such developer or seller for overseeing, administering or operating a prize and gift promotional offer.

(8) “26 prizes” means that the sum total of all individual prizes offered plus the quantity of individual prizes offered plus all of the distinguishing features thereof, including types, categories, sizes, and parts, shall not exceed twenty-six.

(9) “Vacation Certificates” means lodging certificates which include complimentary or discounted transportation, meals or other material benefits in addition to the mere use of accommodations and common motel, hotel, or campground facilities.

(10) “Verifiable Retail Value” means either the price charged by a national or regional retailer for an identical or substantially similar item or an amount equal to no more than twice the cost of the item to the promotional entity. The verifiable retail value of coupon or discount books shall be the maximum amount of savings to the prospective purchaser assuming that all of the coupons or discounts are actually used.

Specific Authority 721.26(6) FS. Law Implemented 721.075, 721.11, 721.111 FS. History–New 1-1-85, Formerly 7D-37.01, 7D-37.001, Amended 8-24-94, 2-15-00, 12-18-01, 4-16-03.