Oct 2010 Independent Dealer Magazine

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FIADA's Independent Dealer Magazine


  • October 2010 Independent Dealer www.fiada.com

    October 2010 www.FIADA.com Information and Insight for Florida Used Car Dealers

    The general election is November 2. See how the candidates and issues size up

    starting on Page 13

    SiNce 1940

    A Publication of the Florida Independent Automobile Dealers Association



    P A I D

    TAllAhASSEE, Fl

    PERMIT NO. 801

  • Independent Dealer October 2010 www.fiada.com






  • October 2010 Independent Dealer www.fiada.com

    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 Greg edwards President

    Jim Kagiliery Chairman of the Board

    Jeff Gann Senior Vice President

    Jeff Zupec Secretary

    Dino Mercurio Treasurer

    Mario Allmond Regional Vice President

    Brandi Noegel Regional Vice President

    George Hickey Regional Vice President

    Steve Marbais, cMD Regional Vice President

    John cousins Regional Vice President

    FiADA STAFF Steve Jordan Executive Director

    Ginger White Director of Membership Recruitment & Retention

    Terry Myers Educational Instructor Sarah Langley Membership Coordinator

    Alex Romans Education Coordinator

    christy Taylor Editorial/Advertising

    POSTMASTER:Send address changes to:FiADA 1840 Fiddler court

    Tallahassee, FL 32308(850) 385-2712 Toll Free: (800) 237-0448

    Fax: (850) 385-3251 www.FiADA.com

    The IndependentDealeris a publication of: Florida independent Automobile

    Dealers Association, 1840 Fiddler court, Tallahassee, FL 32308.

    The magazine is published every month in Tallahassee and distributed to Florida new, used, wholesale and lease/retail car dealers. Advertising rates are available upon request.

    The statements and opinions expressed herein are those of the individual authors

    and do not necessarily represent the views of IndependentDealer 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.

    ContentsOctober 00

    For members of the Florida Independent Automobile Dealers Association

    C O L U M N S & F E A T U R E S

    4 Presidents Message Greg Edwards

    6 Recent Court Case Puts Pressure on Phone Calls Rob Sickles

    8 Legislative Update John Grant, FIADA Lobbyist

    10 List of FIADA Endorsed Political Candidates

    13 FIADA Voter Guide Discover what the actual job descriptions are for Floridas statewide races and

    see where the candidates stack up.

    16 Understanding the Proposed Amendments Florida Tax Watch breaks down the details on proposed amendments found on

    the 00 ballot.

    22 NIADA Legislative Update Wall Street Reform Bill; Senate Motor Vehicle Safety Act; Small Business Job and

    Credit Act; Department of Defense

    Use this form to make your contribution, or go online to www.FIADA.com.




    Make your check out to FIADA-PAC and mail your contribution to: FIADA 1840 Fiddler Court Tallahassee, FL 32808

    enclosed is my check for:

    $1,000 $500 $250 $100 ______ Monthly contribution _______


  • Independent Dealer October 2010 www.fiada.com

    Here I am, coming off the final lap of my FIADA presidency and pulling into the winners circle. It has been a great year for the Association and I am proud that I have had a small part in achieving some of the really big things we have done. Lets take a look back at what we got done. First, we took the Association in a brand new direction when we hired Steve Jordan as the Executive Director. I relied on Steve quite a bit this past year and at every turn he was there. Under Steves direction, the Association has seen new growth in membership, profitability and legislative presence. We started running the Association as a business by measuring outcomes, creating efficiencies and surrounding ourselves with talented staff and valuable partner resources. The result has been a financially sound organization that is prepared to enter the next year focused on enhancing member benefits and services. The future is bright for FIADA and now, more than ever, it pays to be a member. The FIADA Legislative Committee got re-energized this past year as Chairman Dino Mercurio and Lobbyist John Grant delivered an intelligent, intense, and interactive legislative agenda. The first order of business was letting lawmakers in Tallahassee know who we are, and we did that through encouraging our members to get involved in the political process. We resurrected the PAC Committee and started to actively raise money for it. We enlisted our dealers to participate in political campaigns and look for ways to meet their legislators face-to-face and teach them about our industry. Many of you had your first lesson in political activism when you answered our call to contact elected officials and share your support for our groundbreaking piece of legislation: HB 631the curbstoning bill that will help level the playing field for

    The Victory LapBY GREG EDWARDS

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

    licensed, independent used car dealers. We helped educate hundreds of dealers through our series of town hall meetings held at auction locations around the state. The FIADA has always been the industrys leader in dealer training and continuing education and this year we stayed true to our reputation with new opportunities like the town hall meetings, and our recent Annual Convention which boasted the most diverse and comprehensive education courses FIADA has ever offered. Youll hear more about the convention in the next issue of Independent Dealer, but I can tell you it was an amazing event and if you werent there you missed out big time. Such a significant list of accomplishments could not have happened without some help. Their really are so many people to thank. The 2009-2010 Executive Committee worked extremely hard and were always around to volunteer, answer the call and take on the task. Our Board of Directors who met every quarter to debate questions, run through scenarios and provide valuable insight on the best way FIADA could accomplish its goals. Chairing that group was past president and Chairman of the Board Jim Kagiliery, who is one of the smartest, intuitive and funniest dealers you will ever meet. The FIADA staff was also flawless this year in putting action to the plans and objectives the board set forth. They quietly worked behind-the-scenes, got the job done and executed every task we assigned them with dedication. Thank you for letting me serve you as president this past year. It has been a wonderful experience and taught me a lot. I look forward to assuming my new role as Chairman of the Board and happily pass the torch to incoming President Jeff Gann. Good luck and good selling!

  • October 2010 Independent Dealer www.fiada.com

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  • Independent Dealer October 2010 www.fiada.com

    By now many of you probably have some familiarity with who I am. I have been the outside general counsel for the Florida Independent Auto Dealers Association since 2006 and have been representing both Franchised and Independent Automotive Dealers in Florida since 1999. After Steve Jordan assumed the leadership responsibilities for FIADA, I was asked to take a more active role in the training being offered by the Association. Initially, I began participating in the training days that were being offered in conjunction with the quarterly FIADA meetings. Overall, the response to the training days was extremely positive and dealers seemed to really appreciate the opportunity to have a lawyer that was experienced with the automotive industry available to answer questions or discuss current issues. During the summer Steve Jordan and the FIADA Board began to contemplate ways that they could improve services and add benefits for FIADA members. Among the initiatives discussed was an effort to try to expanded the scope of FIADAS technical assistance line to enable it to better serve members. Recently the FIADA Board approved the expansion of the technical assistance line and I am now actively involved with it on a daily basis. In addition, I have agreed to help keep members apprised of developments or legal issues through periodic contributions to this magazine. To that end, on October 19, 2010 a potentially important court decision was released by the United States District Court for the Southern District of Florida. In Fillichio v. MRS Associates, Inc., a Federal Judge granted summary judgment to a plaintiff that sought recovery

    from a third party that was attempting to collect a consumer debt by placing telephone calls to the consumer. At the time of the underlying transaction, the consum


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