Responses to inquiries concerning the availability of exemptions may take the following forms, provided sufficient relevant facts are furnished and the situation is not hypothetical:
    (1) An opinion that no exemption appears available in the specific fact situation;
    (2) An opinion that the availability of the specific exemption is questionable or doubtful in the given fact situation;
    (3) An opinion that, under the facts as stated by the inquiring party, a specific exemption appears to be available; this opinion must be followed by a caveat that the Office of Financial Regulation has no authority to grant or confer to exemption in question, and that Florida Statutes § 517.171, places the burden of proof on the party claiming the exemption.
Rulemaking Authority 517.03 FS. Law Implemented 517.051, 517.061, 120.53(1)(b) FS. History-New 12-5-79, Amended 9-20-82, Formerly 3E-100.05, 3E-100.005.