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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) Pursuant to Section 5721.07(6), 6Florida Statutes, a developer of a single-site timeshare plan shall deliver to every purchaser of the single-site timeshare plan a single-site purchaser POS, which shall contain all of the following:
36(a) A copy of the single-site registered public offering statement text as prescribed in Section 51721.07(5), 52Florida Statutes, and Rule 5661B-39.003, 57F.A.C.;
58(b) A copy of the exhibits prescribed in Sections 67721.07(5)(ff)1., 682., 4., 5., 8., and 16., Florida Statutes, as applicable. Pursuant to Section 81721.07(6)(b) 82and Section 84721.07(5)(ff)19., 85Florida Statutes, if the single-site is one created as a tenancy-in-common, the purchaser shall receive the document or documents creating the tenancy-in-common, including at a minimum a Declaration of Covenants, Conditions and Restrictions; and
119(c) Any other exhibit that the developer has filed with the division pursuant to Section 134721.07(5), 135Florida Statutes, and Rule 13961B-39.003, 140F.A.C., which the developer is not required but elects to include in the purchaser POS pursuant to Section 158721.07(6)(d), 159Florida Statutes.
161(2) In addition to the single-site purchaser POS, the developer shall deliver to the purchaser a copy of any document that the purchaser signs, including a copy of the executed purchase agreement, a copy of the executed alternative media disclosure statement prescribed in subsection 20561B-39.008(1), 206F.A.C., and a copy of the executed receipt for timeshare documents prepared in accordance with DBPR Form TS 6000-7, Receipt for Timeshare Documents, incorporated by reference in Rule 23461B-39.003, 235F.A.C.
236(3) Any document required to be an exhibit to the single-site purchaser POS pursuant to Section 252721.07(6), 253Florida Statutes, and this rule is not required to include any underlying or supporting exhibits to such document.
271(4) A developer shall deliver the single-site purchaser POS as prescribed in this rule in the same order as prescribed in Rule 29361B-39.003, 294F.A.C., but may renumber the exhibits indicated on BPR Form 503, Table of Contents to Single-Site/Component Site Public Offering Statement, incorporated by reference in Rule 31961B-39.002, 320F.A.C., to reflect only those exhibits that are being delivered to purchasers pursuant to Section 335721.07(6), 336Florida Statutes. Accordingly, a developer may remove cross-reference in the purchaser POS text that refers to an exhibit that is not being delivered to the purchaser.
362Specific Authority 364721.07(6), 365721.26(6) FS. 367Law Implemented 369721.07(6) FS. 371History–New 6-12-96, Amended 12-18-01.
