Transcript
Page 1: March 2013 Independent Dealer Magazine

March 2013 — Independent Dealer — 1 www.fiada.com

Information and Insight for Florida Used Car Dealers

SINCE 1940

A Publication of theFlorida IndependentAutomobile DealersAssociation

March 2013

PRST STDU.S. POSTAGE

PAIDFULTON, MO

PERMIT NO. 38

www.FIADA.com

6 UNLOCK THE POWERFIADA IS YOUR NUMBER ONE BUSINESS RESOURCE

20 LEGISLATIVE UPDATETHE LATEST ON FIADA’SSURRENDER STOP BILL

FIADA is all about representing your business, on your issues facing your industry. We need your voice to make it happen. Join us today.

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March 2013 — Independent Dealer — 3 www.fiada.com

DealerIndependent

MAILING ADDRESS 1840 Fiddler Court Tallahassee, FL 32308 TELEPHONE (850) 385-2712 (800) 237-0448 FAX (850) 385-3251 WEBSITE www.FIADA.com

EXECUTIVE COMMITTEE Christopher Leedom President

Dino Mercurio Senior Vice President

Brandi Noegel Chairman of the Board

David Cox, CMD Secretary

Paul Matton Treasurer

Frank Fuzy Regional Vice President

George Hickey Regional Vice President

Steve Marbais, CMD Regional Vice President

Jim Winterick, Sr. Regional Vice President

Jim Winterick, Jr. Regional Vice President

FIADA STAFF Lisette Mariner Executive Director

Terry Myers Educational Instructor

Sarah Langley Administrative Director

Nicole Lee Development Administrator

Amelia Tillman Administrative Assistant

Christy Taylor Editorial/Advertising

POSTMASTER:Send address changes to

FIADA • 1840 Fiddler CourtTallahassee, FL 32308

(850) 385-2712 • Toll Free: (800) 237-0448Fax (850) 385-3251 • www.FIADA.com

The Independent Dealer is a publication of:Florida Independent Automobile

Dealers Association,1840 Fiddler Court, Tallahassee, FL 32308

The magazine is published every month inTallahassee and distributed to Florida new, used,

wholesale and lease/retail car dealers.Advertising rates are available upon request.

The statements and opinions expressedherein are those of the individual authors and do

not necessarily represent the views of Independent Dealer or the Association. Likewise, the

appearance of advertisers, or their identification as members of FIADA, does not constitute an

endorsement of the products or services featured.

ContentsMarch 2013

For members of the Florida Independent Automobile Dealers Association

C O LU M N S & F E AT U R E S

4 President’s Message Christopher Leedom

6 Executive Director’s Message Lisette Mariner

8 Dealer Membership Application We can’t do it without you! Join the FIADA now.

10 Membership News New, Renewing and Rejoining Members

12 Knowing When to Walk Away Passing on lender fees to customers can be a legal gamble. FIADA General Counsel Rob Sickles explains why it is not a good idea.

16 All Sales Tax Credits Are Not Created Equal Auto Dealers have a different set of rules to follow when it comes to getting a sales tax credit for repos, skips and bad debts. CPA Jorge Martinez points out the differences.

20 Legislative Update FIADA Lobbyist Sandra Mortham

22 It’s Renewal Time, Again Important information from the Bureau of Issuance Oversight, Division of Motorist Services for all dealers wishing to renew their license.

28 2013 FIADA Annual Convention & Trade Show Make plans now to attend the premier event for Florida’s independent dealers. Get a head start by sending in your registration now.

U P C O M I N G E V E N T S

April 19, 2013FIADA Town Hall Meeting • 10am -2pmPalm Beach Gardens, FL

October 17-20, 2013FIADA Annual Convention & Trade ShowDisney’s Coronado Springs ResortLake Buena Vista (Orlando), FL

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4 — Independent Dealer — March 2013 www.fiada.com

F R O M T H E P R E S I D E N T

But wait, there’s more!

BY CHRISTOPHER LEEDOM, FIADA PRESIDENT

For 89 cents a day you can have a team of professionals and peers working on your behalf to make your business run more efficiently and protect your livelihood.

What if I told you for 89 cents a day you could have a team of professionals and peers working on your behalf to make your business

run more efficiently and protect your livelihood? This team would help keep you abreast of the latest industry news and regulations and answer questions about advertising issues, employment and tax law and provide in-depth education on how to be a successful dealer.But wait, there’s more!

Also, this 89 cents a day would also result in more than $10,000 in savings on everything from auction buy and sell fees to advertising discounts to Twenty Group and other consulting services and much, much more!

Keep in mind, this 89 cents a day goes beyond the people working for you at the state level. You will also have a

team of professionals out working on your behalf at the national level in terms of dealer-advocacy. You will have political action committees and lobbyists working at the state and federal level as well and other PACs and lobbyists working in other states all with the interests of the automotive retail professional as a core value.

But wait, there’s more!

This 89 cents a day will also get you discounts on cell phone service, overnight delivery services, a prescription

drug discount, free subscriptions to national and state industry trade publications, access to nationwide skip tracing and, of course, much, more more! There is even a convention you can attend for a small additional fee of 65 cents a day!

I could go on for another 10 paragraphs, but by now I’m sure you understand that by joining the Florida Independent Automobile Dealers Association (FIADA) and by extension the National Independent Automobile Dealers Association it is worth far more to you than 89 cents a day. As this year’s FIADA President I have worked closely with our staff and lobbyists and with fellow dealers who have graciously donated their time to improve our industry and work toward making things better for dealers across this state. I challenge you to explain why it is not worth 89 cents a day to be a member of the strongest peer group you will find in our state!

In addition to all of these benefits the FIADA is at the forefront of advocacy for our livelihood. This issue is going to all registered dealers in the state of Florida. Not just FIADA members. This is our chance to share with you why you should join our ranks of membership and what we all do

each and every day to protect our livelihood.

I personally ask you to join FIADA today by either going online to www.FIADA.com and clicking on the Membership/Join FIADA Now! Tab, calling the office at (800) 237-0448 or using the membership application on page 8 of this magazine and either faxing it to (850) 385-3251 or mailing it to: FIADA, 1840 Fiddler Court, Tallahassee, FL 32308. It can’t get any easier than that.

Good luck and have a great month!

Vehicle Service Contracts I GAP Coverage I Credit Insurance I Lifetime Engine WarrantyLimited Warranty I Dealer Participation Programs I F&I Training I Advanced F&I Technology

Contact Protective’s Florida representative, Chris Behrens at 866 452 7335

A “National Corporate Partner” has met stringent NIADA criteria demonstrating that it can provide valuable products and services to NIADA members. No legal partnership has been created by the granting of this status, but NIADA does receive compensation from Protective. Lifetime Engine Warranty, Limited Warranty, Vehicle Service Contracts (VSCs) and GAP are backed by Lyndon Property Insurance Company in all states except NY. In NY, VSCs are backed by Old Republic Insurance Company. GAP, Lifetime Engine Warranty and Limited Warranty are not available in NY. Credit Insurance is backed by Protective Life Insurance Company in all states except NY, where it is backed by Protective Life and Annuity Insurance Company.

Protect Tomorrow. Embrace Today.™

When you work with Protective you offer customers more than

products; you offer solutions – solutions that allow people to

embrace all today has to offer by protecting their tomorrow.

Protective provides F&I solutions that simplify the selling process

with easy to understand products, advanced training and reliable

customer care and claims service. We are committed to your

profitability by serving the increasing number of car buyers that are

unprotected from the costs of future mechanical expenses.

Like you, we believe in doing the right thing for the customer. Help

your customers protect tomorrow and embrace today with F&I

solutions from Protective Asset Protection.

Learn more at protectiveassetprotection.com/brand

We offer more than products. We offer solutions.

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March 2013 — Independent Dealer — 5 www.fiada.com October 2012 — Independent Dealer — 5 August 2012 — Independent Dealer — 5

Vehicle Service Contracts I GAP Coverage I Credit Insurance I Lifetime Engine WarrantyLimited Warranty I Dealer Participation Programs I F&I Training I Advanced F&I Technology

Contact Protective’s Florida representative, Chris Behrens at 866 452 7335

A “National Corporate Partner” has met stringent NIADA criteria demonstrating that it can provide valuable products and services to NIADA members. No legal partnership has been created by the granting of this status, but NIADA does receive compensation from Protective. Lifetime Engine Warranty, Limited Warranty, Vehicle Service Contracts (VSCs) and GAP are backed by Lyndon Property Insurance Company in all states except NY. In NY, VSCs are backed by Old Republic Insurance Company. GAP, Lifetime Engine Warranty and Limited Warranty are not available in NY. Credit Insurance is backed by Protective Life Insurance Company in all states except NY, where it is backed by Protective Life and Annuity Insurance Company.

Protect Tomorrow. Embrace Today.™

When you work with Protective you offer customers more than

products; you offer solutions – solutions that allow people to

embrace all today has to offer by protecting their tomorrow.

Protective provides F&I solutions that simplify the selling process

with easy to understand products, advanced training and reliable

customer care and claims service. We are committed to your

profitability by serving the increasing number of car buyers that are

unprotected from the costs of future mechanical expenses.

Like you, we believe in doing the right thing for the customer. Help

your customers protect tomorrow and embrace today with F&I

solutions from Protective Asset Protection.

Learn more at protectiveassetprotection.com/brand

We offer more than products. We offer solutions.

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E X E C U T I V E D I R E C T O R ’ S M E S S A G E

FIADA: Your Number One ResourceBY LISETTE MARINER, EXECUTIVE DIRECTOR

Did you know that as a FIADA member you have access to an attorney to answer your burning legal and technical questions? Did you know that

FIADA has seasoned veterans on the board who can assist with your questions too? Did you know that FIADA has a service provider directory listed on the FIADA website ? FIADA has a wealth of information just waiting for you to access. As a member, you have access to these benefits and much more.

Your FIADA staff is ready to answer your questions and help you along the way. Whether you’ve been in the business for 50 years or are just starting out, FIADA is your resource. In this ever changing world, new compliance issues arise at a moment’s notice. You may encounter a particular situation you haven’t had to handle in a long time; remember to reach out to FIADA. We advocate for you at the Capital and keep up with all the regulatory issues to save you time and money.

FIADA offers complimentary educational and networking opportunities, too. If you’ve never been, I invite you to attend one of our Town Hall meetings. Town Hall meetings are a way for you to get to know your FIADA Board of Directors, meet other FIADA members, and learn a little something along the way. We bring current and relevant topics to a town near you. On April 19th we’ll be at the Embassy Suites at 4350 PGA Boulevard, Palm Beach Gardens, Florida. We’ll be talking about the healthcare exchange and Rob Sickles, FIADA General Counsel, will

www.fiada.com6 — Independent Dealer — March 2013

highlight legal issues that are becoming prevalent, as well as, answer your questions. As a FIADA member, legal assistance is one of your benefits and is only a phone call away!

Get ready for another valuable resource coming October 17-20, 2013. This year, the FIADA Annual Convention will be at Disney’s Coronado Springs in Orlando, Florida. We’ll have fun with a Jimmy Buffett theme. Bring out your Tommy Bahama shirts and mix and mingle with some outstanding vendors and dealers. It’s not too early to register! Visit www.FIADA.com.

While we offer tremendous value with all the resources mentioned, our best resource is You! Through your investment as a FIADA member, you can help lead the association in the right direction. You provide the fuel to keep the association running. Verify that your membership is current by visiting www.FIADA.com and click on “Resources” and “Find an FIADA dealer.” Dealers are listed in this online directory as an additional resource for consumers to find you. If you are not a FIADA member yet, use the membership application on page 8, visit www.FIADA.com or give us a call and JOIN NOW! FIADA staff is always available to assist you with the sign up process.

I look forward to seeing you at an upcoming event.

Join us in Palm Beach Gardens for the next FREE Dealer Training and Town Hall Meeting. All Florida dealers are invited and encouraged to come. Go to www.FIADA.com to register or find out more.

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March 2013 — Independent Dealer — 9 www.fiada.com

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M E M B E R S H I P N E W S

New MembersF E B R UA R Y 2 0 1 3

Ace AutomotIve, Inc.Seminole, ALBonnie Post Sponsor: Kevin Scott

AmerIcAn contrActIngservIces, Inc.Cincinnati, OHTony BalzanoSponsor: FIADA

Auto ADDIcts, Inc.Bonita Springs, FLSteve Chirgwin Sponsor: FIADA.com

Auto FLeXI LeAseMiami, FLDennis SoraghanSponsor: FIADA.com

AutoLegOcala, FLNik RaoSponsor: Lisette Mariner

AutoPArK cAr sALes & rentALs, LLcWest Palm Beach, FLSerafettin HancerSponsor: FIADA.com

BLue corAL Auto sALesFort Walton Beach, FLNadean MorenoSponsor: Terry Myers

BuD’s motors LLcNew Port Richey, FLJohn CunninghamSponsor: FIADA

c AnD B AutoOcala, FLRobert BrownSponsor: Kevin Scott

eAst coAst enterPrIses oF voLusIA countYPort Orange, FLMilton RiceSponsor: Kevin Scott

FLAvIo LAPATampa, FLSponsor: Terry Myers

FLorIDA seLect PreoWneD Autos, LLcSarasota, FLFloyd RyderSponsor: FIADA.com

green Auto sALesQuincy, FLChandler ClarySponsor: Terry Myers

guLFstreAm motors AccePtAnce corP.Miami, FLJim Winterick, Sr.Sponsor: James Winterick, Sr.

HI tec usA LLc, DBA orLAnDo AutosOrlando, FLWaleed ManzoorSponsor: FIADA

J&r Auto sALesJacksonville, FLJahmel RichardSponsor: FIADA.com

JD BYrIDer oF BrADentonBradenton, MIPaul MaierSponsor: Mike Rouen

JoHnnY’s Auto sALesTallahassee,FLJohnny GonzalezSponsor: Terry Myers

Renewing Members

30+ Year membersDatura Auto Sales West Palm Beach, FL

20+ Year membersLarry Condon Auto Sales Stuart, FLMarbais Enterprises, Inc. Ocoee, FLMears Transportation Group Orlando, FLRay’s Motor Sales, Inc. Lake Wales, FL

10+ Year membersAdesa Auto Auction of Jacksonville Jacksonville, FL

under 10 Year membersAdesa Auto Auction of Sarasota Bradenton, FLAssociated Automotive Group, Inc. Oviedo, FLAuto Direct Parrish, FLAuto Express South Fort Myers, FLB&A Auto Sales of Central FL Winter Garden, FLBonita Big Lot, Inc. Bonita Springs, FLButler Auto Recycling Pensacola, FLDealerbuilt Mason City, IAForeign Affairs Auto West Palm Beach, FLGas Buggies Lehigh Acres, FLGator City Motors Gainesville, FLGreenlight Motors LLC New Port Richey, FLJPM Sales, Inc. Orlando, FLKicklighter Auto Sales LLC Jacksonville, FLLake Park Auto Brokers Lake Park, FLLane Mashburn Inc. DBA Amelia Auto Mart Fernandina Beach, FLNajjar Auto Mall Inc. DBA Park Auto Mall Pinellas ParkOutdoor Recreation World, Inc. Panama City, FL Owl Automotive Group, Inc. Longwood, FLPalm Tree Auto Sales Stuart, FLPegasus Classic Cars, LLC West Palm Beach, FLPonce Used Cars, Inc. Fort Myers, FLPowerfun, INc. Tavares, FL Purvis, Gray and Company, LLP Gainesville, FLRobin Rogerson Winter Haven, FLRTG Auto Sales, LC Tarpon Springs, FLSharp Deal Automobiles Corp. Hialeah, FLThe Connection Motors, Inc. Miami, FLThe Garage, Inc. Doral, FLYaris LLC Orlando, FL

Rejoining MembersF E B R UA R Y 2 0 1 3

JImmIe WeLLs Auto sALes, Inc.Saint Augustine, FLMaryann Scullen Sponsor: FIADA

HALLmArK DrIvIng, Inc.Live Oak, FLStanley HumphriesSponsor: Lisette Mariner

BerLIn motorsFort Lauderdale, FLRobert FuegertSponsor: Amelia Tillman

We DeAL trucKs LLcJacksonville, FLBill DukesSponsor: Kevin Scott

K & D motorsFernandina Beach, FLKim BlairSponsor: Terry Myers

LoAn vALue Auto sALes, Inc.Tampa, FLDavid HodgdonSponsor: Kevin Scott

mAuDLIn InternAtIonAL contInentAL Auto/trucK servIce centerSaint Augustine, FLLeo GianniniSponsor: Terry Myers

nIcKoLAs DoLLOrlando, FLSponsor: Kevin Scott

PercIsIon motors, Inc.Davie, FLKathryn O’BrienSponsor: Ben Morrow

soutHern FLorIDA enterPrIses, Inc.Doral, FLEmilio MendezSponsor: Jim Winterick, Sr.

tItAnIum motorcArsCrawfordville, FLMarvin LibbySponsor: Terry Myers

trAnscor recYcLIng, LLcTampa, FLJoseph Williams

vALue Auto mAr, LLcLeesburg, FLMark VallerySponsor: Kevin Scott

Zen motorsPortsOldsmar, FLPete LariosSponsor: FIADA.com

F E B R UA R Y 2 0 1 3

Page 11: March 2013 Independent Dealer Magazine

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Renewing Members

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L E G A L U P D AT E

More and more often, I am hearing about situations where customers cannot be

financed through traditional lending sources. Ultimately, these customers end up being shopped to sub-prime lenders and some of these sub-prime lenders condition the acceptance of an assignment of these Retail Installment Sales Contracts on receiving a discount of either a set dollar amount or a percentage of the face value of the contract. These discounts can reduce or eliminate a dealership’s profit on the transaction.

Not being able or willing to pay lenders to facilitate the customer’s purchase of a vehicle, which in some cases can be as much $2,000 or $3,000, some dealers have been attempting to pass along these fees to the customer. Unfortunately, the laws and regulations dealing with passing along these type of fees to customers severely restricts a dealer’s ability to do so. All dealers should therefore be familiar with these rules to protect themselves from potential liability.

A brief discussion on the nature of retail installment sales in Florida will

be helpful in understanding the laws relating to lender fees and how they work.

Separate tranSactionSChapter 520 of the Florida Statutes governs the sales transaction through which a customer acquires a vehicle from an auto dealer in a retail installment sale. The dealership is the selling entity and under a strict interpretation of both Chapter 520 and the Retail Installment Sales Contracts that are generally utilized for these transactions, the dealership sells the vehicle to the customer and agrees to accept payments over time (i.e., in installments). Hence, a “retail installment sale” is simply a sale through which the dealership has agreed to accept payments over time in exchange for interest.

Virtually all Retail Installment Sales Contracts contain language that allows them to be assigned to lenders in the same manner as other forms of commercial paper. These assignment provisions generally do not discuss terms, so dealers and finance companies, as business entities, are generally free to agree to whatever terms they wish.

Because the retail installment sale and subsequent assignment are, at least

in the eyes of the law, viewed as two separate transactions, the terms under which a dealer can sell its contracts to a lender cannot be determinative of the terms of the transaction between the dealer and the customer. In fact, Florida has certain restrictions on what it terms “Credit Service Organizations,” which are generally defined as persons or businesses that arrange for customers to obtain credit with third parties for a fee. Dealers are exempt from this Chapter if they have a Chapter 520 license because that license makes the dealer a lender. While in the real world many dealers’ finance departments operate as if they are credit service organizations, the law does not view them as such.

Lender FeeSAs lender fees are more and more commonly standing in the way of dealers getting their customers financed, many dealers are looking for solutions to the problem. However, many of the most common solutions currently being utilized by dealers expose them to liability. For example, the most common method of dealing with this problem is simply to increase the purchase price and explain to the customer that the price had to be increased in order

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Knowing When to Walk AwayDon’t take a gamble by passing on lender fees to your customers. Without the legal ability to do so, the stakes are just too high.

BY ROB SICKLES, FIADA GENERAL COUNSEL

Continued on Page 14.

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March 2013 — Independent Dealer — 13 www.fiada.com

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PASSING ON LENDER FEES continued from Page 12.

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to cover the lender fee. Many times, customers will agree to the increase because they recognize that they do not have good credit and they simply want to buy a vehicle. Unfortunately, even with customer consent, a host of issues can arise when the price is increased to cover a lender fee. Among the issues raised by simply increasing the price are potential violations of the Truth in Lending Act and Regulation Z, Florida’s advertising laws, Chapter 520 and possibly Florida’s Deceptive and Unfair Trade Practice Act. I have defended cases where customers have purchased vehicles under these very situations only to return later with an advertisement claiming that they were sold the vehicle at a higher price than what was advertised. Keep in mind, prices written on vehicles are also “advertised prices” in Florida. As such, any customer with a camera-phone

can easily take a picture of a vehicle’s sticker price and contrast it with the final documents for very strong evidence that the price was increased. Further, even if a customer agrees to a price increase to cover the lender fees, it is difficult to prove and not always a defense to every type of claim.

Adding to the problem is that, in most instances, the “lender fee” will be deemed a finance charge under both the Truth in Lending Act and its Florida equivalent, which are the provisions of Chapter 520 dealing with finance charge limitations. Thus, the lender fee must not only be disclosed, but it must also be included in the finance charge and the total finance charge must still comply with Florida’s usury laws. This is often extremely difficult when the Retail Installment Sales

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Contract already contains a high rate of interest.

There are also limitations contained in the Administrative Code provisions governing Chapter 520. Particularly, Florida Administrative Code Provision 69V-50.075 governs “Prepaid Finance Charges” in Florida. This provision states “[a]ny fee designated as a loan processing fee, not to exceed $200 on a motor vehicle retail installment contract shall be treated as a prepaid finance charge and disclosed as pursuant to Section 520.07(2)(a)3, Florida Statutes.” Thus, the current law in Florida is that only $200 may be passed along for a loan processing fee and this fee must be disclosed in the Retail Installment Sales Contract as a prepaid finance charge. A dealership’s failure to follow these requirements and limitations

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could subject it to additional claims under Chapter 520.

potentiaL SoLutionTo the extent that a lender is seeking a lender fee in excess of $200, or if the inclusion of the lender fee as part of the finance charge in the Retail Installment Sales Contract would render the interest rate too high to be permissible under Florida law, a dealer has virtually no compliant options for passing along these charges to the consumer where a price has been agreed upon or advertised. One option may be for dealers to hold-off on completing the transaction if they cannot obtain a waiver of the lender fee or absorb the lender fee as part of the deal. Dealers are under no obligation to finance vehicles for customers if the terms under which you are able to assign the resulting Retail Installment Sales Contract is not agreeable to you. You would still need to honor the agreed upon price if the customer had financing or was paying cash, but absent the customer coming up with one or the other, dealers do not need to complete the deal. This assumes that the dealer has not completed the paperwork for the sale and delivered the vehicle to the customer. If these things have happened, then the dealer could be unable to get out of the deal.

I know it is not always easy to walk away from a sale, but in some situations it could be a dealer’s best option.

Robert E. Sickles is a partner in the Tampa office of Hinshaw & Culbertson LLP. He is the outside general counsel to the Florida Independent Automobile Dealers Association and can be reached at (800) 237-0448.

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Page 16: March 2013 Independent Dealer Magazine

Automobile dealers are in a unique situation as it applies to Florida Sales Tax. The

Department of Revenue rules for auto dealers are different from all other retail sellers. This difference has been questioned and challenged, but each time, the Department has held firm in its position. Let me explain.

First, all retail sellers of tangible property must pay the sales tax to the state as of the date the property is sold, whether it is sold for cash or on an installment contract.

Second, if the property is repossessed or if a skip or bad debt occurs, a credit based on the sales tax previously paid can be claimed on the current sales tax return. The problem arises in the method of computing the amount of the credit.

All retail sellers, except auto dealers, compute the credit by looking at the unpaid principal balance of the account. This balance is based on the amortization schedule they use to compute the payments under their installment contract.

Auto dealers, on the other hand, must use a different method. They must take the purchase price of the sale, less trade-in, less cash down, and divide it by the number of payments on the original contract to arrive at an equal monthly principle payment.

www.fiada.com16 — Independent Dealer — March 2013

This completely disregards the fact that principal is lower, and interest is higher, during the earlier months of the contract. Nevertheless, this principal amount is multiplied by the number of months left in the contract and then by the sales tax rate for their county to determine the amount of the sales tax credit. For vehicles repossessed early in the contract, this method results in a lower sales tax credit than the method used by everyone else.

“This is unfair”, you shout. Unfortunately, the cry falls on deaf ears at the Department of Revenue. There have been informal conferences, appealed audits, requests for technical advice, and they all end up with the same result: Sorry, this is the law and we cannot, or will not, change it.

To help compute the credit, the Department of Revenue has prescribed a form that guides the dealer through the computation,

C PA C O R N E R

All Sales Tax Credits Are Not Created EqualThe rules are different for auto dealers calculating sales tax credit for repos, skips and bad debts. Here’s how.

BY JORGE MARTINEz, CPA

Continued on Page 18

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SALES TAX CREDITS continued from Page 16.

Form DR-95B. This only makes the math easier; it does not make it easier to live with the fact that the credit is a smaller amount.Also remember that you have twelve months from the date of repossession in order to claim the credit. If you have not claimed the credit for prior months, you can combine the credit and report them all at one time.

If the dealer also has a finance company to which he sells accounts receivable, there is another issue to complicate matters. Only the original seller of the vehicle is allowed to take the credit; therefore, if the finance company repossesses the vehicle, it has to sell the contract back to the dealer in order for the dealer to be eligible for the credit. This is but one of many tax issues that challenge the Buy-Here Pay-Here industry.

Another issue to consider is that of sales tax on consignment sales. If an auto dealer sells a car for a non-dealer and/or another auto dealer, the tax should be collected and remitted by the consignee, not the consignor. In other words, the auto dealer who has the vehicle on consignment is responsible for reporting the sales tax.In addition, you should be aware that the Florida Department of Revenue attempts to match the information provided from an auto dealer’s titling work to the corresponding information provided on the auto dealer’s sales tax returns. From this the Department of Revenue can vouch that sales data and related taxes are being remitted correctly.This reinforces the fact that if you are doing the titling work for consigned vehicles, then you should also be

www.fiada.com

reporting the related sales on your sales tax returns.

We would be glad to meet with you to discuss this and any other issues relating to your business. Our initial consultation is on a no cost, no-obligation basis. Please call for an appointment.

Jorge Martinez is the Managing Partner of Marinez & Associates. He may be reached at (407) 834-0777 or by email at [email protected].

The information included is general in nature and abbreviated and is not intended to be considered tax advice. Anyone reading this information is advised to seek advice from his or her own tax professional regarding applicability of this information to his or her own circumstance.

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20 — Independent Dealer — March 2013 www.fiada.com

Use this form to make your contribution, and mail to the FIADA office at 1840 Fiddler Court, Tallahassee, FL, 32808

Make your check payable to FIADA-PAC and mail your contribution to:FIADA • 1840 Fidler Court • Tallahassee, FL 32808

As your lobbyist in Tallahassee, I am happy to let you know that the critical first step

has been accomplished to get your problem solved regarding Surrender Stops in Florida. You can now officially contact your legislator in your area of the state to let them know how important this legislation is to your business. They need to hear from you and know that by passing this bill they are making a difference

surrender a vehicle pursuant to notice provided by a lienor; directing the Department of Highway Safety and Motor Vehicles to withhold renewal of registration and replacement registration of vehicles; providing for a court order to remove a person’s name from such list; requiring the notice to surrender a vehicle to be signed under oath by the lienor, etc.

It has now been referred to the following Senate Committees: Transportation (TR), Judiciary (JU), Appropriations (AP). Senator Jeff Brandes (D-22) is the Chair of the Transportation Committee and Senator Tom Lee (D-24) is the Chair of the Judiciary Committee. Please contact them as the bill now moves into their focus. At the same time, contact your elected officials in the Florida House and Senate and and ask

BY SANDRA MORTHAM, FIADA LOBBYIST

L E G I S L AT I V E U P D AT E

It’s Official! HB 925 and SB 1044 Have Been Filed

in providing the opportunity for jobs and a better climate to purchase vehicles for their constituents.

Here is the synopsis for the bill:

GENERAL BILL by StargelLiens on Motor Vehicles and Vessels; Amending a provision relating to a list of persons who may not be issued a license plate, revalidation sticker, or replacement license plate for failure to

Page 21: March 2013 Independent Dealer Magazine

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them to support HB 925 and SB 1044 by signing on as a Co-Sponsor in their respective chambers. E-mail and stop by to meet them in person, if you can.

The more contact we have with our locally elected officials – by not overlooking those closest to us for support – the more impact Florida’s independent dealer body will have in getting this critical legislation passed into law and the stronger your relationships will become with those that govern and can impact our industry.

Before visiting your legislator’s office or making a call, review the talking points below. If you have questions about any of the talking points, call your FIADA office. Your Executive Director Lisette Mariner is totally up to speed on our issue and has been fantastic in helping me provide the information necessary for Sen. Stargel and Rep. Rooney as the bill’s sponsors. Remember, we can’t do it without you.

TALKING POINTS FOR HB 925 AND SB 1044 During the 2008 Session, the Legislature passed SB 1992, which created the Automobile Lenders Industry Task Force within the Department of Highway Safety and Motor Vehicles (department) to investigate problems within the industry. In 2009, the Florida Legislature enacted Florida Statute Section 320.1316 based upon a recommendation from the Automobile Lenders Industry Task Force.

Under this Statue, when a lienholder notified the Department that a registered owner refused to comply with a demand for surrender, the driver’s name was placed on a list called “Surrender Stop.” Drivers on this list were not allowed to be issued

license plates or vehicle registrations until the vehicle is recovered or the lien holder removes the person’s name from the list.

In September 2012, the Department stopped enforcement of F.S. 320.1316 due to pending legal action. At that time the Department reported 21,000 Surrender Stops in place and had handled only a handful of disputes relating to Surrender Stop challenges. The Department’s legal staff determined that because the current language included “may” and not “shall”, the Department could stop enforcement.

The continuation of the Surrender Stop will limit the number of court actions that are filed by lienholders in order to recover vehicles that are being concealed or hidden.

Because of the Surrender Stop, lien holders could forego filing court actions to recover these vehicles because the vehicles would not be able to be re-registered. As a result, lien holders could wait out those persons that were concealing vehicles.

Since these protections have been halted, lien holders have no recourse

but to file judicial actions to recover these vehicles and cause an immediate increase in the number of suits being handled by an already overburdened court system. If the new law is passed, courts would only potentially receive actions from the handful of aggrieved individuals challenging the Surrender Stop.

SB 1044 and HB 925 provides changes to Sections 320.136 and 320.02 that provide registered owners of vehicles with recourse in the event that they feel aggrieved by the Surrender Stop while simultaneously eliminating any burdens on the Department and protecting lienholder rights that are currently in existence.

SB 1044 and HB 925 are very similar to how a customer can challenge a motor vehicle repair shop’s lien or a towing storage lien by filing a court action and posting a bond.

This statute protects consumers and lien holders. It does not afford lienholders any new benefits, while greatly increasing the benefit to the consumer in the form of a right to cure, and allowing attorney fees for the prevailing party.

March 2013 — Independent Dealer — 21

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www.fiada.com

It is renewal time for Independent (VI), Auction (VA), Salvage (SD) and Wholesale (VW) dealers for

licensing period 5/1/2013-4/30/2014. The Department encourages all dealers to be proactive and renew ahead of their license expiration.

The Dealer License Section, Bureau of Field Operations, Division of Motorist Services sent on 2/14/2013 a renewal notice (below), renewal application and regional office list to 9,639 Independent (VI), Auction (VA), Salvage (SD) and Wholesale (VW) dealers.

Breakdown: Independent dealers: 9,165 Auction dealers: 78Salvage dealers: 336Wholesale dealers: 60 TOTAL 9,639

Those without e-mail address (356 dealers) have been mailed the renewal notice and application.

Dealers without an e-mail address are requested to provide a business e-mail address on their renewal application as all communications from the Department are electronic.

IMPORTANT RENEWAL NOTICE- PLEASE COMPLY BY APRIL 30, 2013. CONTACT YOUR LOCAL REGIONAL OFFICE WITH ANY QUESTIONS OR CONCERNS

To all independent dealers, auction dealers, wholesale dealers and salvage dealers licensed in the State of Florida Your current license will expire on April 30, 2013. The attached renewal application form HSMV 86720 for Motor Vehicle, Mobile Home, or Recreational Vehicle Dealers is being provided for the renewal of the primary location and supplemental locations (if applicable) on your Florida dealer’s license. The renewal license is for the licensure period May 1, 2013, through April 30, 2014. Additional copies of form HSMV 86720, “Renewal Application for Motor Vehicle, Mobile Home, or Recreational Vehicle Dealers” can be located at the Department’s website at http://www.flhsmv.gov/dmv/forms/BFO/86720.pdf. Please note that for your convenience, a list of the Division of Motorist Services, Regional Offices, and a list of Department approved dealer training

D H S M V N E W S

It’s Renewal Time, AgainThe Bureau of Issuance Oversight, Division of Motorist Services has a message dealers about upcoming deadlines and requirements to renew your dealer license.

schools and check lists of required documents for the primary and supplemental locations for specific license categories have been provided with form HSMV 86720. You can also access the list of Regional Offices at http://www.flhsmv.gov/dmv/BUR_Field_Ops_Address.pdf and the Dealer Training Schools at http://www.flhsmv.gov/dmv/L_Dealer_Trng_Sch.pdf. To ensure that your license stays active, your renewal application, all required documentation, and fees must be submitted to the Division of Motorist Services, Regional Office responsible for your dealership on or prior to April 30, 2013.

INDEPENDENT (VI), WHOLESALE (VW), AUCTION (VA), AND SALVAGE (SD) MOTOR VEHICLE DEALERS are required to submit the following documentation with their renewal application:

Primary Location:

• Completed license renewal application form HSMV 86720.

• $75 renewal fee for the primary location. If the completed application, all required documents, and fee are not received for the primary location by April 30th, a $100 delinquent fee is due for a total renewal fee of $175. Checks must be made payable to DHSMV.

• An original surety bond, original irrevocable letter of credit, or original continuation certificate in the amount of $25,000 for motor vehicle dealers, auction dealers and independent dealers. The Dealership’s Principal must sign the surety bond and Irrevocable Letter of Credit.

• Proof of Garage Liability insurance which must include at a minimum, $25,000 combined single limit liability coverage including bodily injury and

22 — Independent Dealer — March 2013

DON’T FORGET YOUR CE CREDIT!One of the requirements for renewing your dealer license is a certificate of completion for either a Continuing Education (CE) course or a pre-licensing Dealer Training Seminar. FIADA can help you meet that requirement. Find a class or take one online at www.FIADA.com and click on DEALER TRAINING SCHOOL.

Page 23: March 2013 Independent Dealer Magazine

March 2013 — Independent Dealer — 23 www.fiada.com

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24 — Independent Dealer — March 2013 www.fiada.com

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property damage protection and $10,000 personal injury protection or a general liability policy coupled with a business automobile policy which must include at a minimum, $25,000

combined single-limit liability coverage including bodily injury and property damage protection and $10,000 personal injury protection. Signature of the insurance agent is required on all

insurance policies. Please Note: Salvage Dealers

are exempt from submitting a proof of garage liability insurance coverage.

• Dealer License Continuing Education course certificate of completion or a pre-licensing Dealer Training Seminar for independent dealers only.

• Copy of certification from the Division of Corporations showing current registration of the business and fictitious name(s) (on-line access at www.sunbiz.org).

Supplemental Location: • Completed license renewal

application form HSMV 86720 including current business e-mail address.

• $50 renewal fee. • A copy of the surety bond,

irrevocable letter of credit, or continuation certificate that was filed with the renewal of the primary lot.

• A copy of the certificate of garage liability insurance or a general liability insurance policy coupled with business automobile policy that was submitted with the primary location renewal application. This certification must include at a minimum, $25,000 combined single limit liability coverage including bodily injury and property damage protection and $10,000 personal injury protection.

Please Note: Salvage Dealers are exempt from submitting a proof of garage liability insurance coverage.

A renewal filed with the Department within 45 days after the expiration date shall be accompanied by a delinquent fee of $100 for a total renewal fee of $175. Delinquent renewal applications will only be

LICENSE RENEWAL continued from Page 22.

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Page 25: March 2013 Independent Dealer Magazine

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www.fiada.com26 — Independent Dealer — March 2013

accepted through June 14, 2013. Thereafter, you will have to apply for a new dealer license with an original application form and required fees. If you allow your license to expire, you must cease operations on May 1, 2013, and will not be able to engage in motor vehicle sales transactions until the renewal process has been

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86056, application for a License as a Motor Vehicle, Mobile Home, or Recreational Vehicle Dealer . All other modifications to your dealer license should be submitted using form HSMV 86072,”Modification to Dealer License for Licensed Motor Vehicle, Mobile Home, or Recreational Vehicle Dealers.” Please submit this form to your Division of Motorist Services, Regional Office with your renewal application. For future reference any change in corporate information should be submitted to your local Division of Motorist Services, Regional Office at the time the change occurs. As you are aware, the Department has moved to electronic communication of important notices, renewals and legislative changes to the licensed dealers statewide. Therefore, it is important for you to update your renewal application with a current business e-mail address for your dealership. Please avoid using e-mail addresses of your staff on the application, as notices may not reach your dealership if the staff member no longer works at the dealership. Please advise the Regional Office responsible for your dealership of changes in your business e-mail address immediately. It is our desire to provide prompt and courteous service to our dealers. Please help us to help you by submitting your renewal application and all supporting documentation no later than April 30, 2013. If you have any questions, feel free to contact your Division of Motorist Services, Regional Office. Valuable information on licensing procedures and requirements can be accessed at the Department’s website at http://www.flhsmv.gov/html/titlinf.html and selecting “Dealer, Manufacturer, Distributor and Importer Information.”

LICENSE RENEWAL continued from Page 24.

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Page 27: March 2013 Independent Dealer Magazine

February 2013 — Independent Dealer — 27 www.fiada.com

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Page 28: March 2013 Independent Dealer Magazine

October 17-20, 2013Disney’s Coronado Springs Resort

Lake Buena Vista (Orlando), FLYou’ll be as happy as a Cheeseburger in Paradise when you throw on your flip-flops and cruise on down to the FIADA Convention for:

Continuing Education Opportunities

Q & A Sessions on Legal and Regulatory Issues

Networking Events with Dealers and Vendors

Entertainment, Prizes, Lots of Fun

AND MUCH MORE!

PLUS...Take a tour of the best auto dealer industry Expo in the state, packed with leading vendors and suppliers that can help your business succeed!

Room Rate is $139 per night/plus tax. No resort fee and complimentary self-parking.

REGISTRATION IS NOw OpEN fOR ThE 2013 EvENT!Use this registration form or go online to WWW.FIADA.COM and cick on Events.

hOTEL ACCOMMODATIONS:Disney’s Coronado Springs Resort

Reservation Line:(888) 557-6375Reservations must be made by 9/17/13 to receive group rate. Space is limited.

Page 29: March 2013 Independent Dealer Magazine

COMPANY INFORMATION Company: ____________________________________________________________________________________________________

Address: _________________________________________________ City, State, Zip: ______________________________________

Phone: ___________________________________________________ Fax: ______________________________________________

E-mail: __________________________________________________ Website: ___________________________________________

REGISTRATION INFORMATION

FIADA MEMBER DISCOUNTED REGISTRATION RATES

FULL ACCESS PASS Badge Name: _________________________________________________________ [ ] $249 [ ] $299 [ ] $349

ADDITIONAL FULL ACCESS PASS Badge Name: _________________________________________________________ [ ] $195 [ ] $195 [ ] $195

Badge Name: _________________________________________________________ [ ] $195 [ ] $195 [ ] $195

SPOUSE FULL ACCESS PASS Badge Name: _________________________________________________________ [ ] $100 [ ] $100 [ ] $100

EDUCATION PASS Badge Name: _________________________________________________________ [ ] $99 [ ] $124 [ ] $149

NON-MEMBER REGISTRATION RATES

FULL ACCESS PASS Badge Name: _________________________________________________________ [ ] $299 [ ] $349 [ ] $399

ADDITIONAL FULL ACCESS PASS Badge Name: _________________________________________________________ [ ] $195 [ ] $195 [ ] $195

Badge Name: _________________________________________________________ [ ] $195 [ ] $195 [ ] $195

SPOUSE FULL ACCESS PASS Badge Name: _________________________________________________________ [ ] $100 [ ] $100 [ ] $100

EDUCATION PASS Badge Name: _________________________________________________________ [ ] $124 [ ] $149 [ ] $175

FULL ACCESS AND SPOUSE FULL ACCESS PASSES includes all meal functions, seminars and exhibit hall access and is eligible for continuing education credit. Additional Full Access passes and Spouse pass are only available with a Full Access registration. Valid FIADA membership required for FIADA member registration rates.

PAYMENT METHOD

[ ] I have enclosed a check made payable to FIADA [ ] I will be using a credit card

Name (as it appears on card): ______________________________________ Company: ______________________________________

Credit Card Billing Address: _______________________________________________________________________________________

Credit Card Number: ____________________________________________ Exp Date: ______________________________________

Authorized Signature: ________________________________________________________________ CC Security Code: ____________CANCELLATION POLICY: If cancellations are received in writing before 5pm on Tuesday, September 17, 2013, we will refund your registration fee. If cancellation is received between 9/18/13 and 9/30/13, we will refund your registration fee less a $25 processing fee. Fees cannot be refunded for registrations cancelled after 10/1/13 or for no-shows. PhOTO/VIdEO RELEASE: By registering for the 2013 FIAdA An-nual Convention, I hereby grant permission to use any and all photographic imagery and video footage taken of me at this event and activities pertaining to this event, without payment or any other consideration. I understand that such materials may be published electronically or in print, or used in presentations or exhibitions.

HOTEL INFORMATION: Disney’s Coronado Springs Resort. Hotel stay is separate from convention registration. Reservations must be

made BEFORE SEPTEMBER 17, 2013 to qualify for group discount of $139 per night (plus tax) For reservations call (888) 557-6375.

MAIL/FAx/ONLINE REGISTRATION: FIADA, 1840 Fiddler Court, Tallahassee, FL 32308 FAX 850.385.3251 www.FIADA.com

TOTAL: $

2013 FIADA ANNUAL CONVENTION REGISTRATION FORM

EARLY BIRD(2/1 - 8/31)

REGULAR(9/1 - 10/11)

ON-SITE(10/12 - 10/20)

MEMBER

NON-MEMBER

Page 30: March 2013 Independent Dealer Magazine

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Page 31: March 2013 Independent Dealer Magazine

March 2013 — Independent Dealer — 31 www.fiada.com

CHRISTOPHER LEEDOMPresidentAutoMaxx

Sarasota, FL(941) 309-1111

DINO MERCURIOSenior Vice President

Independent Credit, Inc.West Palm Beach, FL

(561) 686-8673

BRANDI NOEGELChairman of the Board

Noegel’s Auto SalesStarke, FL

(904) 964-6461

DAVID COX, CMDSecretary

Cox Motors, L.L.C.Lakeland, FL

(863) 686-9300

PAUL MATTONTreasurer

Park Auto MallPinellas Park, FL(727) 639-1112

GEORGE HICKEYRegional Vice President

Bond Auto SalesTampa, FL

(813) 238-7478

FRANK FUZYRegional Vice PresidentCentury Motors of S. FL

Pompano Beach, FL(954) 785-0369

JIM WINTERICK, SR.Regional Vice PresidentGulfstream Motor Credit

Miami, FL(305) 253-2335

STEVE MARBAISRegional Vice PresidentMarbais Enterprises, Inc.

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JIM WINTERICK, JR.Regional Vice PresidentGulfstream Motor Credit

Miami, FL(305) 253-2335

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Page 32: March 2013 Independent Dealer Magazine

32 — Independent Dealer — March 2013 www.fiada.com

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