Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-37 - TIME-SHARE PLANS › Section 61B-37.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
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.
New 1-1-85, Formerly 7D-37.01, 7D-37.001, Amended 8-24-94,
					 2-15-00, 12-18-01, 4-16-03.