Fla. Admin. Code Ann. R. 61B-39.008 - Filing and Delivery of Purchaser Public Offering Statements Through Alternative Media
(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.
Notes
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.
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