Timeshares – DBPR Statutes and Rules

The Florida Department of Business and Professional Regulation (DBPR) oversees timeshares through its Division of Florida Condominiums, Timeshares, and Mobile Homes. The regulatory framework for timeshares in Florida is established in the Florida Statutes and further detailed in the Florida Administrative Code.

Statutes:

  • Chapter 721, Florida Statutes: Known as the "Florida Vacation Plan and Timesharing Act." This chapter governs the creation, promotion, sale, operation, foreclosure, and termination of timeshare plans in Florida. It addresses various aspects including, but not limited to, the creation and display of public offering statements, management and operation of timeshare plans, escrow accounts, exchange programs, and remedies available to purchasers.

Administrative Rules: The DBPR, through the Division of Florida Condominiums, Timeshares, and Mobile Homes, has developed administrative rules in the Florida Administrative Code (FAC) that provide further clarity and specifics to the statutory provisions:

  • Chapter 61B-39, FAC: This chapter pertains to timeshares and provides detailed rules and guidelines related to various aspects of the operation and regulation of timeshares. The specifics might include topics such as advertising standards, escrow requirements, disclosure statements, management and operation procedures, exchange programs, and other related aspects.

Role of DBPR:

  1. Licensing & Development: The DBPR ensures that developers, sales agents, and timeshare plans meet the standards and requirements of the state. This includes approving public offering statements, ensuring accurate disclosures, and licensing of timeshare sales agents and managers.

  2. Consumer Protection: The DBPR oversees promotional activities, advertising, and sales presentations to ensure they are not misleading and that purchasers are given accurate information.

  3. Dispute Resolution: The DBPR may also have a role in resolving certain disputes related to timeshares, including certain conflicts between timeshare boards and owners.

For more info visit Timeshares – DBPR Statutes and Rules