Division of Florida Condominiums, Timeshares, and Mobile Homes

Frequently Asked Questions - New Filings and Amendments

1. Why do I have to pay $2 per timeshare interest per year to the division?
The $2 fee is necessary to help cover the costs incurred by the division in its regulation of the operation of timeshare plans, per section 721.07(4)(a), F.S.

2. What filing requirements are necessary prior to offering a timeshare plan?
Prior to offering any timeshare plan, the developer must submit a registered public offering statement to the division for approval. Additionally, the developer shall establish an escrow account with an escrow agent for the purpose of protecting the funds of purchasers, per section 721.08(1), F.S.

3. What information is provided by the division to assist with the initial filing of a timeshare plan? The division will provide a Timeshare Filing Packet that contains pertinent statutes and rules, required forms, and other helpful materials. This packet may be obtained by calling the Tallahassee office at (850) 488-1122 or by visiting the Forms page linked to our website.

4. What procedures are involved in the approval process?
The Registered Public Offering Statement is submitted to the division’s Tallahassee office. Within 45 days after receipt, or within 120 days in the case of a multisite timeshare plan, the division will notify the developer in writing of either approval or specified deficiencies. The developer is required to respond to the deficiency notice within 20 days of receipt of the deficiency notice. The division will then respond within 20 days. This process occurs until the filing is approved, withdrawn, or rejected, pursuant to section 721.07(2)(a), F.S.

5. How long is the approval process?
The timeframe necessary for approval of the public offering statement depends upon the type of filing, the responsiveness of the developer to cited deficiencies, and other issues that may be applicable to a particular filing. Therefore, an exact timeframe for approval is not possible.

6. What are the fees for filing a timeshare plan?
Upon the filing of a public offering statement, the developer shall pay a filing fee of $2 for each 7 days of annual use availability in each timeshare unit that may be offered as a part of the proposed timeshare plan pursuant to the filing, per section 721.07(4)(a), F.S.

7. Can a developer accept reservations prior to filing a public offering statement?
Prior to filing the registered public offering statement with the division, a seller shall not offer a timeshare plan for sale, but may accept reservation deposits upon approval by the division of a fully executed escrow agreement and reservation agreement properly filed with the division, per section 721.09(1)(a), F.S.

8. What if there is a change to the approved public offering statement?
Any change to an approved public offering statement shall be filed with the division for approval as an amendment prior to becoming effective. Upon filing the amendment, other than an amendment adding a phase to the timeshare plan, the developer shall pay a fee of $100, pursuant to section 721.07(4)(b), F.S.

9. Does advertising need to be filed with the division?
All advertising material relating to a timeshare plan, including prize and gift promotional offers, must be filed with the division by the developer prior to use. All such material must be in substantial compliance with Chapter 721, regardless of the filing method chosen by the developer. If the material is not in compliance, the division may require the developer to correct any deficiency in the material, or may pursue legal action against the developer.

10. What are the responsibilities of the developer in the offering of the timeshare plan?
It is the duty of the developer to supervise, manage, and control all aspects of the offering of a timeshare plan, including, but not limited to, promotion, advertising, contracting, and closing, pursuant to section 721.056, F.S.

Return to FAQ's index page.