Section 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.Fla. Admin. Code Ann. R. 61B-37.002
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.New 1-1-85, Formerly 7D-37.02, 7D-37.002, Amended 8-24-94, 2-13-97, 2-15-00, 12-18-01.