§ 509.507 — Advertising; disclosures; unlawful acts

Florida § 509.507

• Jurisdiction: Florida
• Title: XXXIII
• Ch. 509: LODGING AND FOOD SERVICE ESTABLISHMENTS; MEMBERSHIP CAMPGROUNDS

Text

(1) Advertising by an offeror, salesperson, or tour generator may not: (a) Misrepresent a material fact or create a false or misleading impression regarding the membership camping plan. (b) Make a prediction of specific or immediate increases in the price or value of membership camping contracts unless the increases are in fact planned by the offeror. (c) Contain a statement concerning future price increases by the offeror which are nonspecific or not bona fide. (d) Contain an asterisk or other reference symbol as a means of contradicting or substantially changing any previously made statement or as a means of obscuring a material fact. (e) Describe a planned facility that is not yet constructed unless the planned facility is conspicuously identified as proposed or under construction. (f) Misrepresent the size, nature, extent, qualities, or characteristics of any campground or facilities. (g) Misrepresent the amount or period of time during which any campgrounds or facilities will be available to any purchaser. (h) Misrepresent the nature or extent of any services incident to the membership camping plan. (i) Make a misleading or deceptive representation with respect to the content of the contract or the rights, privileges, benefits, or obligations of the purchaser under the contract or this act. (j) Misrepresent the conditions under which a purchaser may use campgrounds and facilities. (k) Misrepresent the availability of a resale or rental program offered by or on behalf of the offeror. (l) Contain an offer or inducement to purchase which purports to be limited as to quantity or restricted as to time unless the numerical quantity or time limit applicable to the offer or inducement is clearly stated. (m) Imply that a facility is available for the exclusive use of purchasers if the facility will actually be shared by others or by the general public. (n) Purport to have resulted from a referral unless the name of the person making the referral can be produced upon demand. (o) Misrepresent the source of the advertising by leading a prospective purchaser to believe that the advertising is mailed by a governmental agency, credit bureau, bank, or attorney, if that is not the case. (p) Misrepresent the value of any prize, gift, or other item to be awarded in connection with any prize and gift promotional offer.

(2) Written advertising may not be disseminated within this state unless it bears the following disclosure: “THIS ADVERTISING IS BEING USED FOR THE PURPOSE OF SOLICITING SALES OF RESORT CAMPGROUND MEMBERSHIPS.” The disclosure shall be conspicuous and shall in no event appear in less than 10-point type, unless the advertising is a postcard, in which case the disclosure shall be in bold type and at least as large as the main body type. This subsection does not apply to signs, billboards, and other similar advertising which is affixed to real or personal property and which is disseminated only by visual means.

Legislative History

s. 7, ch. 88-157.