We are posting a copy of the Florida House Bill 1001 which was filed on December 12, 2011 and will go into effect on July 1, 2012. It lists restrictions and definitions that affect all Florida timeshare owners. You may view the bill in its entirety at: http://www.flsenate.gov/Session/Bill/2012/1001.
The Bill reads as follows: Timeshares; Revises purposes of ch. 721, F.S., relating to vacation & timeshare plans, to include provision of certain disclosure; revises definition of “resale service provider”; defines “consumer resale timeshare interest,” “consumer timeshare reseller,” “resale broker,” “resale brokerage services,” “resale advertiser,” & “resale advertising service”; deletes provision requiring resale service providers to provide certain fee or cost & listing information to timeshare interest owners; specifies information resale service provider must provide to consumer timeshare reseller; prohibits certain services related to offering of resale advertising by resale advertisers; provides certain restrictions on offering of resale advertising services by resale advertisers; provides voidability of certain contracts; provides duties of resale service provider; provides that provision of resale advertising services in this state constitutes operating, conducting, engaging in, or carrying on business or business venture for purposes relating to jurisdiction of courts of this state; provides penalties.
Several members of the popular timeshare owner’s website – TUG (Timeshare User’s Group) have made the following comments regarding this important piece of legislation:
*Scammers who pursue Florida business will be subject to Florida rules and legal review.
*This bill is targeted at making upfront fee scammers and the like far easier to prosecute and shut down.
*It has nothing to do with exchange companies. It deals with PCC’s a/k/a “resale service providers,” as defined who will be required to obtain signed, written contracts with a 7-day rescission and other elements, disclose the ID of any asserted interested buyer, and prohibits a variety abusive practices.
*Whether or not it actually cleans up the operation of these cretins, most of whom operate outside the law anyway, remains to be seen.
*Disclosure requirements in most state laws also require disclosure as to any exchange system that is, in effect, sold with the timeshare. As long as the statutes dealing with disclosure requirements in timeshare sales are being rewritten, it is an opportune time to update exchange company disclosures that must be provided by the seller, as well.
Advantage Vacation is a member of the American Resort Development Association (ARDA) and offers the best buys on the timeshare re sales market today. We never charge an upfront fee for clients who want to sell a timeshare and only receive a commission, paid from escrow, when the transaction is closed.
We have been in the timeshare industry for over 30 years and are Accredited Members of the BBB with an A+ Rating.
Advantage Vacation is using Twitter and Facebook to help educate people on the changes in the timeshare industry along with current timeshare tips, up to date timeshare news and timeshare FAQ’s.
We hope you will follow us and our blog, Timeshare Blogging by Advantage Vacation and make your voice heard – what questions do you have?
At Advantage Vacation you can be assured you are working with professionals who believe that honesty and integrity are the most important aspects of the business they are in – timeshare resales. Our business has been built on relationships and we pride ourselves on providing excellent service to our clients.
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The post, “Florida House Bill 1001 – how it affects timeshare owners,” by Cheri Becker is inacurate and should be corrected.
The bill is proposed legislation, to be considered by the Florida legislature in its 2012 session. At this juncture it is only a proposal which will be considered by House committees who have the ability to change or even fully emasculate it before it is considered, if it ever is, by the full House.
The final version must be reconciled with whatever, if anyting, is passed by the Senate with the resulting legislation then being presented to the governor for his approval.
Although it appears to be a step in the right direction to curtail scammers, there is no assurance that the final product will resemble the initial proposal. As filed, it substantially affects realators who deal in timeshare resales. It is most likely that the realtors’ complaints and concerns about it will be addressed as it evolves. They have significant lobying influence and may very well resist further regulation of an industry already overburdened with with burdensome and expensive bureaucratic regulation.
Aloha Philip W. Dann:
Thank you for reading our posts. We will correct the error as soon as possible.
Happy Holidays
Cheri Becker