Fla. Admin. Code Ann. R. 61B-39.004 - Delivery of Single-Site Purchaser Public Offering Statements

(1) Pursuant to Section 721.07(6), Florida 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:

(a) A copy of the single-site registered public offering statement text as prescribed in Section 721.07(5), Florida Statutes, and Rule 61B-39.003, F.A.C.;

(b) A copy of the exhibits prescribed in Sections 721.07(5) (ff)1., 2., 4., 5., 8., and 16., Florida Statutes, as applicable. Pursuant to Section 721.07(6) (b) and Section 721.07(5)(ff)19., Florida 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

(c) Any other exhibit that the developer has filed with the division pursuant to Section 721.07(5), Florida Statutes, and Rule 61B-39.003, F.A.C., which the developer is not required but elects to include in the purchaser POS pursuant to Section 721.07(6) (d), Florida Statutes.

(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 61B-39.008(1), F.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 61B-39.003, F.A.C.

(3) Any document required to be an exhibit to the single-site purchaser POS pursuant to Section 721.07(6), Florida Statutes, and this rule is not required to include any underlying or supporting exhibits to such document.

(4) A developer shall deliver the single-site purchaser POS as prescribed in this rule in the same order as prescribed in Rule 61B-39.003, F.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 61B-39.002, F.A.C., to reflect only those exhibits that are being delivered to purchasers pursuant to Section 721.07(6), Florida 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.

Notes

Fla. Admin. Code Ann. R. 61B-39.004

Specific Authority 721.07(6), 721.26(6) FS. Law Implemented 721.07(6) FS.

New 6-12-96, Amended 12-18-01.

New 6-12-96, Amended 12-18-01.