For purposes of these rules and Sections 718.502, 718.503 and 718.504, Florida Statutes, the following definitions shall apply:

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Terms Used In Florida Regulations 61B-15.0011

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
    (1) “”Documents”” means any or all of the documents comprising the “”filing”” as that term is defined in these rules.
    (2) “”Days”” means calendar days and, in computing any period of time prescribed or allowed for a filing or response, the day of the act from which the designated period of time begins to run shall not be included. The last day of the period shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday, or legal holiday. The term “”legal holiday”” means those days on which State of Florida government offices are closed for legal holiday as provided by Section 110.117, Florida Statutes.
    (3) “”File”” means to submit required documents to the division in the Tallahassee, Florida, office via ground mail, airmail, facsimile, e-mail, or other means, so long as the division actually receives the filing and has the equipment and software necessary to view and review the filing.
    (4) “”Filing”” means the documents required to be submitted to the division pursuant to Sections 718.502, 718.503 or 718.504, Florida Statutes. The documents or filing may be comprised of paper, CD-ROM, facsimile, e-mail, or other media, so long as the division actually receives the filing and has the equipment and software necessary to view and review the filing.
    (5) “”Medium”” or “”media”” means the format used to file documents with the division or deliver documents to purchasers. Examples of “”media”” include: paper, e-mail, facsimile, CD-ROM, and Internet website.
    (6) “”Offer”” means any advertisement, inducement, solicitation, or attempt to encourage any person to acquire an interest in a condominium unit, either proposed or existing, if undertaken for gain or profit.
    (7) “”Received”” or “”receipt”” by the division refers to the date on which the division or department actually receives a filing or documents related to a filing. If a filing is delivered to the division via facsimile or e-mail, the facsimile or e-mail confirmation sheet shall be evidence of the date on which the division received the filing. If the filing is delivered to the division via ground mail, airmail, or overnight service, the carrier’s delivery receipt shall be evidence of the date on which the division received the filing. In the absence of any of the foregoing evidence of division receipt, the division will use the earliest department or division date stamp on the filing as the date received.
    (8) “”Written”” means and includes paper, CD-ROM, facsimile, e-mail, or other media so long as the division actually receives the filing and has the equipment and software necessary to view and review the filing.
Specific Authority 718.501(1)(f), 718.502(1)(c) FS. Law Implemented 718.502, 718.503, 718.504 FS. History-New 12-23-02.