Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-39 - FILING REQUIREMENTS FOR PUBLIC OFFERING STATEMENTS › Section 61B-39.008 - Filing and Delivery of Purchaser Public Offering Statements Through Alternative Media

Current through Reg. 50, No. 138; July 16, 2024
(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
				61B-39.004 or
				61B-39.006, F.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 61B-39.003, F.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.
(2) The order and
				content of a single-site purchaser POS delivered through alternative media
				shall comply with Rule
				61B-39.004, F.A.C., and the
				order and content of a multisite purchaser POS delivered through alternative
				media shall comply with Rule
				61B-39.006, F.A.C.
(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
				61B-39.003, F.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.
(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.
(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 61B-39.003, F.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.
Specific Authority
					 721.26(6) FS.
					 Law Implemented 721.07(5), (6),
					 721.55,
					 721.551
					 FS.
New 6-12-96, Amended
					 12-18-01.