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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 |
1(1) Developers may provide purchasers with the option of receiving all or any portion of a single-site or multi-site purchaser POS through alternative media in lieu of receiving the written materials in the format prescribed in Rule 3861B-39.004 39or 4061B-39.006, 41F.A.C., as applicable. The purchaser’s choice of the delivery method shall be set forth in writing on a separate form which shall also disclose the system requirements necessary to view the alternative media, which form shalll be signed by the purchaser. The form shall state that the purchaser should not select alternative media unless the alternative media can be viewed prior to the 10 day cancellation period. The alternative media disclosure statement shall be listed on the form receipt for timeshare documents in the manner prescribed in DBPR Form TS 6000-7, Receipt for Timeshare Documents, or DBPR Form TS 6000-7, Receipt for Multisite Timeshare Documents, as both of which are referenced in Rule 15461B-39.003, 155F.A.C. If a portion, but not all, of the purchaser POS is delivered through the use of alternative media, then the developer shall identify in the purchaser POS table of contents and in the receipt for timeshare documents that information which appears in the alternative media and that information which appears in the written materials.
210(2) The order and content of a single-site purchaser POS delivered through alternative media shall comply with Rule 22861B-39.004, 229F.A.C., and the order and content of a multisite purchaser POS delivered through alternative media shall comply with Rule 24861B-39.006, 249F.A.C.
250(3) Prior to delivery of the purchaser POS through alternative media, the developer must submit to the division a copy of the purchaser POS through the alternative media proposed to be used by the developer together with an executed certificate, using the form prescribed in DBPR Form TS 6000-8, the Certificate of Identical Documents, referenced in Rule 30761B-39.003, 308F.A.C., certifying that the portion of the purchaser POS delivered through the proposed alternative media is an accurate representation of and, where practical, identical to the corresponding portion of the written purchaser POS.
341(4) The alternative media format used to display the purchaser POS may also contain materials in addition to the purchaser POS, such as advertising. In the event that alternative media contains material other than the purchaser POS, the location of the purchaser POS in the alternative media must be specifically and prominently identified in the alternative media.
398(5) In the event that the developer amends the POS, the alternative media purchaser POS must also be amended to conform to such amendment, and the developer shall be required to file with the division an executed certificate, using the form prescribed in DBPR Form TS 6000-8, Certificate of Identical Documents, referenced in Rule 45261B-39.003, 453F.A.C., certifying that the portions of the purchaser POS set forth in alternative media are identical to the corresponding portions of the written purchaser POS, as amended.
480Specific Authority 482721.26(6) FS. 484Law Implemented 486721.07(5), 487(6), 488721.55, 489721.551 FS. 491History–New 6-12-96, Amended 12-18-01.
