Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-30 - FEES, FILINGS, AND ADVERTISING › Section 61B-30.006 - Procedure for Filing and Use of Advertising

Current through Reg. 50, No. 138; July 16, 2024
(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 Department of Business and Professional Regulation,
				Division of Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road,
				Tallahassee, Florida 32399-1030, 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.
Rulemaking Authority
					 723.006(7) FS.
					 Law Implemented 723.012,
					 723.016,
					 723.017
					 FS.
New 1-10-85, Formerly 7D-30.06, 7D-30.006, Amended 8-31-94,
					 1-19-97.