Fla. Admin. Code Ann. R. 61B-30.006 - Procedure for Filing and Use of Advertising
(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.
Notes
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.
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