Florida Timeshare Legislation: Electronic Documents Only?

Part I: Florida House Bill 575, when it becomes law, will eliminate the need for developers to provide a hard copy of the Public Offering Statement and other contract documents at point of sale, under certain circumstances.  

The Bill and the 2/4/2022 Staff Analysis can be found in this link under “Text for PCS HB 575”   


Part II February 25: A Camouflaged CD ROM Public Offering Statement  

Part III March 4: HB 575 “Advertising Materials” pertains to written advertising promotions requiring disclosure that the offer is a solicitation, but the existing timeshare member is routinely told orally at check-in, “It’s not a sales presentation!” It should be disclosed prior to these meetings that the meeting includes a sales presentation.

The Public Offering Statement (POS), sometimes called a Disclosure Statement, should be reviewed prior to signing a timeshare contract. Florida House Bill 575 reads that the POS should be reviewed during the 10 day cancellation period. The fourth sentence on the cover of Florida’s 3/18/2018 POS reads, in all caps:


So, after sitting through a three to eleven-hour sales session (11 hours the record), you’re presented with a document that basically says that you should not have believed a word your sales agent said. One would question the logic of attending the presentation.

The prospective buyer should be made aware of the oral representation disclosure before attending a timeshare presentation, especially if the POS is not to be provided prior to signing a contract. Too often the Public Offering Statement is buried in a stack of documents when in some states the cover states, “READ CAREFULLY BEFORE SIGNING.” HB 575 will make the POS easier to bury.

House Bill 575 reads:

The purchaser manner of delivery form must disclose the system requirements necessary to view the approved public offering statement electronically and advise the purchaser to not select an alternative method of receiving the approved public offering statement unless he or she is able to review the approved public offering statement before the expiration of the 10-day cancellation period under s. 721.10.106 

One reason for our opposition to providing the Public Offering Statement electronically: Cheap tablets often don’t work. 

The Florida Alliance for Consumers and Taxpayers (FACT) has proposed a 24-hour “cooling-off” period BEFORE signing a timeshare contract. This would allow the timeshare buyer time to research the timeshare product before agreeing to buy or finance a timeshare at 12% to 19.99% – a product with little to no secondary market. If life takes an adverse turn, the member is faced with little choice but to default. An active duty service member can find their security clearances in jeopardy over a timeshare default. Please voice your support for a 24-hour cooling-off period by posting a comment on this article published by The Capitolist.


Items of importance contained within the Public Offering Statement include the buyer’s right to cancel within the state’s mandated contract rescission period, as well as pertinent information concerning the terms of the product offering, financial matters, owners association, and the managing entity.

When asked, most timeshare buyers are not even aware of the POS until they dig through their paperwork. Unfortunately, with initials stored and tap, tap, tapped when signing, the buyer unwittingly acknowledges that they read and understood the POS. The POS should be presented to the buyer by the closing agent. Most closings are recorded. This would provide proof that the buyer is aware of the POS and did indeed receive it. When I first delved into the intricacies of the POS, a former timeshare sales agent informed me that the closing agent used to provide the POS until the closing began to be recorded, at which time the developer changed the policy to allow the sales agent to provide the document.

The voice of the consumer should be heard, but there is no input from timeshare consumers, that we are aware of, when important laws are amended or a new law is proposed. Timeshare and Resort Developer Accountability, Inc. is a 501c4 nonprofit founded by current and former timeshare members who support the timeshare industry, but feel real consumers should have input into matters that concern timeshare sales and marketing practices and procedures. Given the volume of Better Business Bureau complaints, Attorney General Investigations and settlements, there clearly is a need for improvement.

Contact After Inside Timeshare or TARDA for more information, or to volunteer your time to help our efforts.

Thank you and welcome to our new contributor Irene Roberts, I’m sure we will be hearing more from Irene in the future and look forward to another article on the problems consumers face in the US. This article clearly shows the problem we have highlighted before, there is no time to read all documents before signing the purchase agreement, the developers also know the chances of a consumer reading everything within the “cooling-off” period and understanding it is virtually nill!

If you have any questions please use our contact page, if you have any comments please use the comments section at the end of the article.

That is all for this week, Baby Dog looks ready to start the weekend so I think I will be busy. Have a great weekend and join us again next week.


  1. LaShanne Best

    We as timeshare owners an others scammed by Timeshare Companies need this bill to help us not be victim to thier misleading information and lie tactics..They got me on a free vacation with 4 grand-kids in tow during check-in. This being my 1st time even knowing about timeshares and accepting just to leave when my grandkids were ready to go..
    This bill means alot and is very important to us as consumers that you please pass and consider the trouble we have encountered..Thanking you for your help into this matter.

    God Bless
    Ms. L. Best

  2. Benn Dover

    THE PROSPECTIVE PURCHASER SHOULD BE TOLD 𝐏𝐑𝐈𝐎𝐑 TO THE SALES PRESENTATION TO NOT RELY UPON ORAL REPRESENTATIONS AS BEING CORRECT AND SHOULD REFER TO THIS DOCUMENT AND ACCOMPANYING EXHIBITS FOR CORRECT REPRESENTATIONS. If the timeshare industry thinks informing the purchaser before the sales presentation might hinder sales, to me, seems to be an indication that they are relying on lies to influence a purchase. Prospective Purchasers go into presentations trusting what they are being told, they ask questions and take notes. They may sign that non-reliance clause but what was said during the presentation influenced the decision to make a purchase. As we signed our non-reliance we were told we were acknowledging that we were not purchasing 𝐬𝐨𝐥𝐞𝐥𝐲 for investment and the did intend to use from time to time for family vacations. So even in the closing process, we were being lied to, the non-disclosure clause did nothing to protect us, it only protected the timeshare.

  3. Branden Boyak

    Timeshare owners scammed by Timeshare Companies need this bill to help others not fall victim to the misleading information and lie tactics.

    This bill means alot and is very important to all consumers who have been affected before and those behind us that are sure to fall into a trap.

  4. Pamela

    I just found the Public Offering Statement buried deep in the contract. It is vague and appears that the managing entity has a copy of the POS plan available for inspection as part of the books and records of the plan?! Huh? This bill can easily address and give consumers additional protection by requiring ALL areas and ALL timeshare personnel as part of the process to clearly state that there should be no reliance on any oral representation from the first solicitation to the final signing. I have been to numerous presentations where I have been passed from one person to the next…

  5. Aimee Kohanski

    Anyone attending a Timeshare meeting needs to be aware before they attend what they will be up against. So many people are walking into a trap they are not prepared for. It is unsettling to know there are people just waiting in the shadows to pounce on an innocent vacationer who has his guard down.

  6. Renee

    I was offered a deed in lieu once I completed the documents they said I don’t qualify because how the deed states. All three of my family were told we were equal holders now they are in the process of forclosing. Is there anything that can help us?

    1. Irene Parker

      Renee, We can’t give legal advice, but I have heard from some owners who had others on the deed, or a divorce, death, that it became so complicated one representative from one resort even advised, just default. If you would like to join a support group of people in your situation, we are reaching out to agencies like the Consumer Financial Protection Bureau, gathering a volume of complaints, to prepare a report as to just how unfair some aspects of timeshare can be when buyers are held hostage. What other product makes it so difficult to sell or give back. Some resorts are cooperative, but too many resorts still put up insurmountable roadblocks.

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