Florida Regulations 61B-39.004: Delivery of Single-Site Purchaser Public Offering Statements
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(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 Fl. Admin. Code R. 61B-39.003;
(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 Fl. Admin. Code R. 61B-39.003, 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 Fl. Admin. Code R. 61B-39.003
(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 Fl. Admin. Code R. 61B-39.003, 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 Fl. Admin. Code R. 61B-39.002, 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.
Specific Authority 721.07(6), 721.26(6) FS. Law Implemented 721.07(6) FS. History-New 6-12-96, Amended 12-18-01.
(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 Fl. Admin. Code R. 61B-39.003, 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 Fl. Admin. Code R. 61B-39.003
(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 Fl. Admin. Code R. 61B-39.003, 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 Fl. Admin. Code R. 61B-39.002, 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.
Specific Authority 721.07(6), 721.26(6) FS. Law Implemented 721.07(6) FS. History-New 6-12-96, Amended 12-18-01.