Fla. Admin. Code Ann. R. 61B-37.002 - Advertising Material
(1) In evaluating
whether oral statements or advertising material, including prize and gift
promotional offers, violate the terms of Section
721.11 (4), Florida Statutes,
the Division shall consider both explicit representations and reasonable
inferences created by such materials or statements. To determine whether
representations are misleading, the Division shall review the advertising
materials in their totality.
(2)
The developer of the timeshare plan must file all advertising material with the
division, including prize and gift promotional offers, prior to use, and shall
accompany such filing with DBPR Form TS 6000-12, Filing Statement for
Advertising Material, incorporated herein and effective12-18-01, a copy of
which may be obtained at the address reference in subsection
61B-39.002(4),
F.A.C. At the request of the developer, the division shall review the
advertising material and notify the developer of any deficiencies within 10
days after the filing advising the developer of specific deficiencies in the
advertising material that must be corrected. Where additional or corrected
material is submitted to modify previously filed advertising material,
including advertising submitted in response to a deficiency notice from the
division, such material must be filed with the division prior to use of the
modified advertising material.
(3)
Notwithstanding the provisions of subsection (2), a developer may use a piece
of advertising material prior to filing that merely corrects material
previously filed with the division if the correction is unrelated to any
deficiency letter issued by the division. A piece of advertising material
corrects previously filed material when it only cures typographical or printing
errors that do not change the meaning of the previously filed material. Such
material shall be filed with the division at the time of
use.
Notes
Specific Authority 721.11, 721.111, 721.26(6) FS. Law Implemented 721.11(4) FS.
New 1-1-85, Formerly 7D-37.02, 7D-37.002, Amended 8-24-94, 2-13-97, 2-15-00, 12-18-01.
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