AUGUST 2017
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Information and Insight for Florida Used Car Dealers
August 2017 — Independent Dealer — 1
Protect. Promote. Preserve. SINCE 1940
Florida Independent Automobile Dealers Association
“
Why Join FIADA? representation A lobbyist and legislative committee that fights for you and the industry’s interests.
EDUCATION FREE continuing education and free unlimited technical assistance calls with FIADA legal counsel.
The number of benefits you receive as a member pays for the price of your membership. For $325 you can’t afford not to be a member.
It costs less than $1.00 per day to get connected.
dedication Access 100+ vendors who specialize in auto industry needs and over 800 dealers Statewide who handle issues like yours.
”
savings
Lisa Compagno,
FIADA member discounts at over 15 auctions in Florida, Georgia and Charleston. A savings of over $2,000.
FIADA President Palm Tree Auto Sales, Stuart, FL
discounts Exclusive savings on advertising opportunities, DMS, financing, floorplanning, GPS and other dealer services. Licensed dealers receive complimentary membership and additional benefits with NIADA.
DUES: $325 Annually
Sponsor:_____________________________________
Company Name:________________________________________________________
q New Mbr q Associate Mbr
Address:___________________________________ City:__________________________ State:_________ Zip:________ Phone:________________________________Fax:__________________________ Email:_________________________ By signing I agree to the FIADA
code of ethics and FCC Consent. Principal Contact:__________________________________ Signature:________________________________________
Payment Method: q Check (made payable to FIADA)
q Visa
q Mastercard
q American Express
q Discover
Card Number:_________________________________________________ Expiration Date:____________CVV:_________ I authorize FIADA to charge my credit card listed above. Name on Card:_____________________________________________________________________________________
Dealer Type: q Retail
q BHPH
q Wholesale
Years in business?__________ Licence# ______________________
FCC Communications Consent: I understand that by providing my mailing address, email address, telephone number and fax number, I consent to receive valuable and timely communications via mail, parcel, email, telephone, text and/or fax from or on behalf of the Florida Independent Automobile Dealers Association (FIADA). This consent shall remain in effect until FIADA receives written revocation signed by an authorized representative.
2 — Independent Dealer — August 2017 800.237.0448 | Fax: 850-385-3251 | Email: info@fiada.com | www.FIADA.com | Florida Independent Automobile Dealers Association, 1840 Fiddler Court,www.fiada.com Tallahassee, FL 32308
Dealer Independent
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 Lisa Compagno President Scott Lanier, CMD Senior Vice President Jim Winterick, Sr. Chairman of the Board Christopher Leedom Secretary Brad Joel Treasurer Frank Fuzy Regional Vice President George Hickey Regional Vice President Steve Marbais, CMD Regional Vice President Dino Mercurio Regional Vice President Brandi Noegel Regional Vice President FIADA STAFF Lisette Mariner, CAE Executive Director Terry Myers Educational Instructor Jason Berthiaume Education and Marketing Manager Victoria Sams Membership Manager Christy Taylor Editorial/Advertising
POSTMASTER:
Send address changes to
FIADA • 1840 Fiddler Court Tallahassee, FL 32308 (850) 385-2712 • Call/Text: (800) 237-0448 Fax (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 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 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.
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Contents August 2017
For members of the Florida Independent Automobile Dealers Association
C O L U M N S & F E AT U R E S 4
President’s Message Lisa Compagno
8
Executive Director’s Message Lisette Mariner, CAE
10 Back to Basics Terry Myers lays down the rules on texting and communicating with your customers. 12
Keys to Insurance Don't put a bullseye on your dealership. Williams & Stazonne's David Metcalf will help you take the target off your back.
16
Don't Miss Out on the Good Times! FIADA is making big plans for the Annual Convention. Registration is now open for the state's premier event. Register before August 31 to get the Early Bird Discount!
20
Membership News
22
FIADA's Town Hall Meeting Recap
24
Default and Repossession: Know Your Options Denis Levine and Kelley Kronenberg share what you can do if your customer defaults on their loan and refuses to surrender the car.
26
Government Office VS Private Tag Agency Which choice is better for your tag and title work? Jennifer Finlay gives some pros and cons to help you decide.
28
More Good Times at the 2017 Annual Convention Attendees can get discounted Disney tickets, and a special thank you to our 2017 Convention Sponsors.
30
Industry News August 2017 — Independent Dealer — 3
FROM THE PRESIDENT
A Sneak Peak of FIADA Convention 2017 BY LISA COMPAGNO, FIADA PRESIDENT
O
rlando in October – are you in? That’s right, the 77th Annual FIADA Convention and Trade Show is right around the corner and we’ll spend quite a bit of time in this issue talking about it. The convention is scheduled for Thursday, October 5th through Saturday, October 7th. It will be held at the Omni Orlando Resort at ChampionsGate. This year’s theme is Mardi Gras! We have a jam-packed schedule with two Keynote Speakers, twelve different breakout sessions, a Saturday Evening Masquerade Ball, and, of course, the Welcome Reception and Exhibit Hall Grand Opening! You can see the full schedule on our website at http://www.fiada.com/?Convention (click on the “Attendee Registration” tab). Note that the breakout session topics are not yet published. We’re still finalizing some of the panels, but I’ll give you a sneak peek in this article. The breakout sessions include a presentation by attorney James Sutton of Moffa, Sutton & Donnini, P.A. Mr. Sutton is an expert in sales tax law. If you have never been to one of his presentations, I highly recommend it. He generally covers tips to know before becoming subject to a sales tax audit and what steps to take if you become subject to an audit. Many in our industry continue to be targeted by the Florida Department of Revenue for sales tax audits. In fact, Mr.
4 — Independent Dealer — August 2017
Sutton specifically wrote about sales tax audits of Florida car dealers being on the rise back in 2014. Attending his breakout session will definitely be worth your time. Another session will cover the topic of buying at the auction. The panel will include representatives from auction companies such as Insurance Auto Auctions, Manheim, Copart and ADESA. The panel will cover what to expect when you buy in person at the auction, what kind of homework you should do to prepare for buying at the auction, familiarity with auction arbitration rules, the pros and cons of buying in person versus online, and the importance of building relationships with auctioneers and other key players. This panel will be moderated by last year’s FIADA Quality Dealer, Anthony Compagno (my little brother). Anthony has been an auction buyer for at least twenty years and is familiar with most, if not all, of the auctions throughout Florida. He will bring a wealth of experience to the panel. Of course, auction buying has moved into the digital age, so we will also have a breakout session that addresses purchasing inventory online. One of the biggest frustrations we have in our dealership with online buying is dealing with condition reports and how to “virtually” check out the vehicle before bidding. The panel Continued on page 6. www.fiada.com
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PRESIDENT'S MESSAGE continued from Page 4.
will address this concern and give some tips and tricks as to how to alleviate some of the heartburn of the virtual buy. The last breakout session I’d like to give you a sneak preview of is our panel addressing Facebook and Google advertising. The aim of the session is to walk attendees through how to successfully post to these sites. The session will cover topics like what advertising options are available on Facebook, such as retargeting, build an audience and now the Marketplace. The breakout will answer questions like whether “boosting” posts on Facebook is a successful way to advertise and how to add your inventory to your Facebook page. Regarding Google, the panel will address how AdWords works and what other avenues of advertising are available on Google. Panelists will give insight on what kind of budget should be set aside for such advertising and how much of a time commitment is needed for each, i.e. photos for Facebook, Google, etc. Please come prepared with all your questions for our panel experts. You may recall from one of my previous articles that I promised we are bringing the fun back to Convention, so where, you may ask, is it? Well, it all starts at the Welcome Reception on Thursday Night! The Welcome Reception will include two drinks on the FIADA, hors d'oeuvres, and a relaxed networking environment for attendees outside by the fire pit. We will also welcome our Past Presidents as they join us to ring in the 2017 FIADA Convention. Next up is the hospitality suite. In the past few years you may have heard about the hospitality suite through the
grapevine. This year, we are getting ahead of the rumor mill and want all of our attendees to know about the hospitality suite. The suite is a late-night party with an open bar and plenty of old and new friends to socialize with. It is a great way to unwind after a long day of breakout sessions. Come prepared to drink, be merry and perhaps even enjoy a stogie. The Suite is sponsored by Williams & Stazzone Insurance Agency and Dealers Insurance Services. When you see Dealers Insurance Services or Williams & Stazzone in the exhibit hall, make sure to thank them for sponsoring the hospitality suite. The other oldie but goodie we’re bringing back this year is our Saturday Evening Gala Dinner. The Gala, like the convention as a whole, will have a Mardi Gras theme, in this case, a Masquerade Ball. It is a semi-formal event, so come dressed in your best suit and tie or glitzy cocktail dress and Mardi Gras mask, but don’t forget to wear your dancing shoes! The Gala will be headlined by the band MPiRE which is an Orlando-based, 9-piece band that delivers the best hits from the last four decades. Our aim is to bring back the pomp and circumstance of recognizing our Quality Dealer of the Year as well as the many others this year who have impacted our industry, including Person of the Year and Auction Person of the Year. I am very excited about this year’s Convention! I look forward to seeing you there! Lisa Compagno FIADA President
Do you have an interesting hobby? A secret talent no one knows about? Received a special accomplishment? Our dealers are more than just their dealerships. We want to know more about what you do when you leave the lot. Send us a photo and tell us about it. You can email your submission to us at info@fiada.com or post it on our social media pages. You could be featured in the next magazine!
6 — Independent Dealer — August 2017
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EXECUTIVE DIREC TOR’S MESSAGE
Trust the Process BY LISET TE MARINER, CAE, EXECUTIVE DIRECTOR
S
ometimes, "life is what happens to you while you are busy making other plans." Recently we found ourselves in need of a new membership person. So, the hunt began and now I’d like to introduce to you our newest staff member, Victoria Sams. Victoria is the FIADA Membership Manager and she has a wealth of customer service experience and management.
At the NIADA meeting, the session with Captain Phillips made an impact. He said just two days before the Somali pirate attack, his crew had a drill. They realized during that drill that they didn’t close a hatch. Little did they know that two days later, remembering to close that hatch would save the crew’s lives.
As with any business you have procedures in place to
If you attended the Town Hall Meeting help with any bumps in the road...But what good are in Tampa, you had the opportunity they if you don't look at them and test them? to meet Victoria. She will be helping FIADA grow membership and assisting current members with any needs they It’s not enough to have an emergency plan, you should practice may have. When you have the opportunity to speak with her, that plan. Don’t just leave your procedures on a shelf. Have please welcome her to the FIADA family. someone go through your procedures, preferably someone that is not familiar with the process to test it. Having step by step We had an enlightening event at the Town Hall with our dealer instructions and practicing your plan can save the day! panel, legislative and legal update. I heard from many that this was one of the best Town Hall’s they have attended. We have a I'll leave you with one last piece of exciting news from the few photos of the town hall and board meeting on page 22. Board Meeting. The nominating committee will present this slate of officers to be voted on at the convention: As with any business you have procedures in place to help with Chairman of the Board: Lisa Compagno any bumps in the road. It could be as simple as someone taking President: Scott Lanier a vacation or having a simple outpatient procedure. Luckily, Senior VP: Brad Joel we’re prepared for those unexpected bumps in the road. But Treasurer: Phil Risley what good are those procedures if you don’t look at them and Secretary: Jenay Rhoads test them. Regional VPs: Frank Fuzy, George Hickey, Steve Marbais, Brandi Noegel, and Jim Winterick, Sr. An easy way to start putting those procedures together are to have each person write down what they do. Each day Join us at convention to vote for these 2017-18 officers as well have them take one process from beginning to end. Having as see who will be honored as the Quality Dealer, Auction procedures not only helps when someone is out unexpectedly Person of the Year and Person of the Year. You'll find a but can also help when someone is on vacation. I believe our registration form on page 17. staff is better when they can take vacation and not be bothered. 8 — Independent Dealer — August 2017
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BACK TO BASICS
Do You Practice Safe Text? Customers love to communicate through text, but make sure your dealership is protected before you start the conversation. Know the rules on how and when you can use texting in your business. BY TERRY MYERS
T
exting is right at the top of the list for communication tools used by the customer and the dealer. Safe text requires the dealer obtain express permission in writing from the customer. Keep the document on file. The Telephone Consumer Protection Act (TCPA) includes Text Messaging within the definition of telephone usage. It regulates activities such as telemarketing calls, auto dialers, prerecorded calls, text messages and unsolicited faxes. Q: Are debt collection calls allowed? A: The FCC determination is no, if they
contain telemarketing messages. Prior express written consent is required if made to a consumer’s wireless number. Read 47 C.F.R.§64.1200(A)(1) for actual relevant language. In Florida, obtaining a cell phone number on a credit application is not sufficient prior consent. Express written consent should include the multiple reasons and means the dealership may need to incorporate to allow various types and reasons for contact with the customer. Q: What risk might the dealership face for noncompliance? A: Individuals may file a lawsuit and collect damages. Watch the attorney adds on TV. Experian has published a few resources for understanding the Telephone Consumer Protection Act that are summarized below. The Telephone Consumer Protection Act is an amendment to the Communications Act of 1934. The TCPA regulates and restricts telephone solicitations and the use of automated telephone equipment for telemarketing, autodialed and prerecorded calls, as well as text messages and unsolicited faxes. In 2015, there were 2,086 lawsuits filed under the TCPA. Fines can range from $500 to $1,500 per instance. The TCPA
10 — Independent Dealer — August 2017
allows individuals to file lawsuits and collect damages. Class action litigation is also on the rise, costing companies millions. While the law provides some guidance for a narrow set of exemptions on the use of autodialed/prerecorded voice and text messages to consumers from financial entities and healthcare providers, there is still a heavy TCPArelated legal risk, especially for companies in the collections space. Companies can still use their autodialers but they must have prior written consent from the consumer to do so. Unless the call is for an emergency, autodialing a consumer's cell phone or sending a text is strictly prohibited; the number must be dialed manually. Internet-to-phone-text messages sent through an e-mail or a web portal system are also subject to the TCPA. With this ruling, the technology currently used by the majority of industries and businesses is for the most part useless. A called party may revoke consent at any time and through any reasonable means, and callers may not limit the manner in which revocation may occur. The caller has the ultimate burden to demonstrate it had prior express www.fiada.com
consent to call the phone number at issue. Any reasonable method the consumer uses to revoke consent must be honored by the caller. The order newly exempts four types of free-to-the-customer calls from financial institutions: 1. Calls intended to prevent fraudulent transactions or identity theft. 2. Data security breach notifications 3. Calls detailing measures consumers may take to prevent identity theft following a breach 4. Money transfer notifications. If you would like to download the complete guides from Experian, they are free and intended for selfeducation.
TCPA CHECKLIST http://www.experian.com/assets/ consumer-information/infographics/ Checklist-TCPA-120815.pdf My recommendation is to contact your legal counsel so they may review any documents you intend to use to gain these types of permissions. Incorporate recommended processes and follow them every time. Being ‘late’ usually means you did not practice safe text.
Articles are the opinion of the author and are not intended to be legal or accounting advice. The intent is to share thoughts and concepts that help the business owner(s) find new and perhaps revisit, ways to be as successful as they are capable of being. Terry can be reached at (727) 804-7375. Email: tmyers@ floridaautodealerschool.com. Feedback is appreciated and encouraged. Terry LB Myers, author, lecturer, FIADA instructor, FADS owner/ instructor.
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August 2017 — Independent Dealer — 11
KEYS TO INSURANCE
Bullseye Target: Your Dealership BY DAVID METCALF, WILLIAMS & STAZONNE
Liabilities lurk around every corner of your dealership, but they do not have to put a target on your back. Manage them with the proper protections.
I
am constantly reminding my customers and prospects that they have a sign outside which says “COME AND GET ME” the only problem is they can’t see it. Protecting your business gets more complicated as we elevate our profile and make advancements in technology. Let’s take a look at three issues which are creating headlines, headaches and chaos.
CYBER RISK
We have seen data and security breaches becoming commonplace in the news. Costs of such attacks are growing as well as the frequency.
We have seen a mass awakening to the problems associated with cyber threats. If you are not backing up your data and creating encryption systems, it is just a matter of time before you may find yourself in trouble. All terminals should have firewalls and be password protected with employee specific credentials. Daily virus scans should be run on all computers. Dealers should have a formal policy regarding the secure disposal of paper documents and storage of sensitive personal data. Dealers are required by law to securely maintain some records for defined periods of time. We all have a
fear that continued cyber attacks will outpace our efforts to control them. Cyber Liability Insurance can help.
EMPLOYMENT PRACTICES LIABILITY
Managing employment practices is a complex task. The way you handle hiring, compensation, promotions, accommodating disabilities, terminations, employee privacy complaints and many more personnel issues can have a serious financial impact on your dealership. You make decisions everyday that impact your employees. Do you have a documented and formal employment application and interview process? Do you conduct background checks prior to an offer of employment? Do you require that an arbitration agreement be signed prior to hiring? Do you provide documented antidiscrimination and anti-harassment training to all employees? Do you enforce the compliance? Do you have an employee manual which outlines your disciplinary policy, performance reviews, termination policy and employment at will Continued on page 14.
COME AND GET ME MOTORS
12 — Independent Dealer — August 2017
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KEYS TO INSURANCE continued from Page 12.
statement? These are all traps for you as a business owner. All potential complaints should be investigated and documented - because you might need it later. No complaint should ever be ignored hoping it will go away. Often there is information available at the time of the complaint that is forgotten later when a suit arises. Defense costs and settlement amounts can have serious financial consequences – it is not uncommon for legal fees to exceed $100,000 to WIN an employment practices lawsuit. According to Insurance Journal the top 5 Discrimination claims in 2016 are as follows: Retaliation 45%, Race 35%, Disability 30%, Sex 29% and Age 22%. The best EPLI insurance carriers offer online access to Loss Control and Risk Management plans to provide practical advice on these issues. EPLI insurance can help protect your business and provide legal defense by attorneys that cater to this area of practice. Many of the specialty garage liability policies available in the marketplace today offer this important coverage as an option.
DIRECTORS AND OFFICERS LIABILITY
Haven’t heard of this yet? You will. Directors and Officers and their respective organizations are susceptible to a wide range of claims from shareholders, competitors, customers, employees
settlements arising from wrongful act allegations and lawsuits brought against an organization’s board of directors or officers. This could also be considered as “management errors and omissions”. D & O Liability Insurance policies can help provide
These risks are just part of the landscape you have to navigate every day to keep the doors open and the lights burning at your dealership.
and government entities. D & O Liability Insurance policies exclude Bodily Injury and Property Damage as these exposures are covered by Garage Liability, General Liability, and other policies. D&O claims are increasingly common for private companies, public companies and non-profits for actual or alleged wrongful acts in managing a company. A large number of these claims are related to regulatory actions. D & O liability coverage helps cover defense costs and damage
protection for the assets of a company and the personal assets of the officers and directors but also the personal assets of a director or officer’s spouse, or the deceased director or officer’s estate. Some or all of these risks are just part of the landscape you have to navigate every day to keep the doors open and lights burning at you dealership. According to FIADA Legal Counsel Rob Sickles, “dealers should try to make the target as small as possible”.
David Metcalf is a garage liability insurance specialist at Williams & Stazzone Insurance Agency - a Preferred Provider of Insurance to FIADA members. Questions can be directed to (800) 868-1235 and info@wsins.com.
GOT A TECHNICAL QUESTION AND NEED SOME ADVICE?
Use the R.E.D. Phone! FIADA is your number one source for advice and information. Technical questions, legal questions, regulatory questions...bring them on! Our network of industry veterans, professionals and consultants can help you find the answers you are looking for. Members can call or text us anytime at (800) 237-0448 or access our online resources 24/7 at www.FIADA.com. It pays to be a member!
REPRESENTATION | EDUCATION | DEDICATION—FIADA! 14 — Independent Dealer — August 2017
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R
eady for a good, and educational, time? The 2017 FIADA Annual Convention promises to deliver both. Hosted at the Omni Orlando Resort at ChampionsGate, this year's convention has a full line-up of informative sessions, speakers and topics as well as food, fun and down time.
EARLY BIRDS: Register before August 31 to save up to $100! Don't Forget, you will also be able to get all of your state mandated continuing education credits for the 2018 license renewal period at the 2017 convention!
Sessions and Topics: Legal Update by Robert Sickles, PA, Managing Partner, Broad and Cassel and FIADA General Counsel
MASQUERADE BALL
Panel Discussion: Common Mistakes and Tips for Title & Registration Work, moderated by Kevin Scott, Dealer Consulting LLC
IT'S BACK! The Saturday Night Annual Banquet and Awards Ceremony will return this year with a fun and glamorous Masquerade Ball theme. Join us Saturday, Oct. 7 from 6:3011:00pm for food, fun, dancing and prizes!
Florida Sales & Use Tax – The Tax Man is Coming by James Sutton, CPA, Moffa, Sutton & Donnini, PA
KEYNOTE SPEAKERS
Legislative Update by Sandra Mortham, FIADA Lobbyist Division of Motorist Services Update
Panel Discussion: Buying Vehicles at Auction, moderated by Anthony Compagno, Palm Treeå Auto Sales Panel Discussion: Buying Vehicles Online moderated by Jason Little, Economy Motors Panel Discussion: Advertising on Facebook and Google An Evolutionary View of Wholesale Acquisition by Majd Saboura, Director of Wholesale Business Development, vAuto Automotive Disruption: Millenials, Mobile, and Marketing by Zach Klempf, Founder & CEO, Selly Automotive Tentative list. Session titles and speakers subject to change.
16 — Independent Dealer — August 2017
NIADA'S Chuck Bonanno, national director of the NIADA 20 Group Program will bring his thirty years of experience to the table as the Convention Keynote Speaker. Also on the line-up, "The Telephone Doctor" Nancy Friedman. You won't want to miss these informative and educational sessions. Get details on these, and all the educational opportunities online at www.fiada.com. Click on the Convention tab.
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2017 FIADA ANNUAL CONVENTION
OCTOBER 5-7, 2017 | OMNI ORLANDO RESORT AT CHAMPIONSGATE COMPANY INFORMATION Company:____________________________________________________________________________________________________________ Address:_________________________________________________________ City, State, Zip:________________________________________ Phone:___________________________________________________________ Fax:________________________________________________ E-mail:__________________________________________________________ Website:_____________________________________________
REGISTRATION INFORMATION FULL ACCESS PASS (Includes all events and meals)
EARLY BIRD (4/1 - 8/31)
Badge Name:_____________________________________________________________
MEMBERS
[
] $249
REGULAR (9/1 - 9/30)
[
] $299
ON-SITE (10/1-10/7)
[
] $349
NON-MEMBERS [ ] $299 [ ] $349 [ ] $399 ADDITIONAL FULL ACCESS PASS (Available with purchase of Full Access Pass) Badge Name:_____________________________________________________________
[
] $195
[
] $195
[
] $195
Badge Name:_____________________________________________________________
[
] $195
[
] $195
[
] $195
[
] $100
[
] $100
[
] $100
[
] $99
[
] $124
[
] $149
SPOUSE FULL ACCESS PASS (Available with purchase of Full Access Pass) Badge Name:_____________________________________________________________ Tickets to the Annual Banquet are included with all Full Access Passes. For our planning purposes, will you and your guests be attending the Annual Banquet on Saturday evening?
Yes
No
EDUCATION PASS (Does not include meals) Badge Name:_____________________________________________________________
MEMBERS
NON-MEMBERS [ ] $124 [ ] $149 [ ] $175 ADDITIONAL EVENT TICKETS Saturday Night Gala Dinner Banquet (semi-formal attire)
Qty:_____________
X $75
X $75
X $75
Friday Night Expo Hall Grand Opening Dinner
Qty:_____________
X $50
X $50
X $50
Friday/Saturday Breakfast
Qty:_____________
X $25
X $25
X $25
Friday/Saturday Lunch
Qty:_____________
X $25
X $25
X $25
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. CHILD REGISTRATIONS AVAILABLE Contact FIADA at (800) 237-0448 for details and to register.
TOTAL:
$
PAYMENT INFORMATION [
] 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 Monday, September 4, 2017, we will refund your registration fee. If cancellation is received between 9/5/17 and 9/29/17, we will refund your registration fee less a $25 processing fee. Fees cannot be refunded for registrations canceled after 9/29/17 or for no-shows. PHOTO/VIDEO RELEASE: By registering for the 2017 FIADA Annual 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: Omni Orlando Resort at ChampionsGate. Hotel stay is separate from convention registration. Reservations must be made by SEPTEMBER 4, 2017 to qualify for group discount of $179 per night (plus tax) For reservations call 1-800-THE-OMNI (800-843-6664).
Return this completed form, or register: Mail: FIADA, 1840 Fiddler Court, Tallahassee, FL 32308 Fax: (850) 385-3251 Online: www.FIADA.com www.fiada.com
Call/Text: (800) 237-0448
August 2017 — Independent Dealer — 17
SUPPORT THE FIADA PAC Your PAC Contribution helps spread awareness and gain support of issues affecting independent dealers in the state’s capitol. There’s still time to get your contribution in before the session starts if you make it today.
CONTRIBUTION INFORMATION Contributor’s Name:_________________________________________________________________________ Dealership/Company:________________________________________________________________________ Street Address, City, State, Zip:____________________________________________________________________
q
Check q
q
$500
Credit Card (one time contribution) q q
Credit Card Information:
$250 q
q Visa
$100 q
q
MasterCard
Monthly Credit Card Contribution (until cancel)
$50 q
q
$25
q
American Express
_________ q
Discover
PAYMENT INFORMATION Name on Card: Card number: Exp Date:
Sec. Code:
Billing Phone:
Billing Address Authorized Signature
Make your check payable to FIADA-PAC and mail to: FIADA • 1840 Fiddler Court • Tallahassee, FL 32308 If making payment via credit card, you may fax your contribution form to 850.385.3251
18 — Independent Dealer — August 2017
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MEMBERSHIP NEWS
New Members
JULY 2017
1ST CHOICE AUTOMOTIVE FINANCIAL Pembroke Pines, FL Sergio Castrillo Sponsor: Lisette Mariner
COOPER TIRE & RUBBER COMPANY
The Villages, FL Rick Didelot Sponsor: FIADA FLATRADERS.COM
PASCO CLASSIC VEHICLES, INC.
THANEY & ASSOCIATES, P.A.
Port Richie, FL Bernard DiGregorio Sponsor: FIADA.com
Orlando, FL Corey Gaynes Sponsor: FIADA
PERFECTION SALES & LEASING
UNITED CARS, LLC
ALEXANDER CAR GROUP, LLC Doral, FL llubica Barkovic Sponsor: FIADA
Panama City, FL David Brown Sponsor: Terry Myers
Seffner, FL Cady Norman Mooney Sponsor: FIADA
Tampa, FL Touraj Kavehersi Sponsor: Terry Myers
GALAXY AUTO SALES, LLC
RIGHT PRICE AUTO SALES
AUTOS OF PALM BEACH West Palm Beach, FL Daniel Malerba Sponsor: Amelia Tillman
Tampa, FL Samuel Belancou Sponsor: Terry Myers
WEST FLORIDA TRADES, INC. DBA TAMPA AUTO SHOWROOM
CAR FINANCIAL SERVICES, INC. Orlando, FL Gary Takash Sponsor: FIADA
Winter Park, FL Richard Boucard Sponsor: ad
Renewing Members
Waldo, FL Matthew Charles Williams Sponsor: Dealers Auto Auction/John Cousins
NIVCOEAUTOMOTIVE
Tampa, FL Neal Bernes Sponsor: Kevin Scott
JULY 2017
30+ Year Members Autorama Auto Sales Edison Bridge Auto Sales Tampa Machinery Auction
Fort Myers, FL Fort Myers, FL Tampa, FL
20+ Year Members Auto Brokers of Orlando Toy Store
Orlando, FL Largo, FL
10+ Year Members Andrew Thomas Motorcars Dealers Auto Auction Firehouse Auto Sales Inc. Leedom Group Splish Splash Auto Sales, Inc. Van's Cars & Trucks World Imports USA, Inc.
Bradenton, FL Gainesville, FL Sebastian, FL Sarasota, FL Princeton, FL Brooksville, FL Jacksonville, FL
Rejoining Members
JULY 2017
PARADISE MOTORS Bradenton, FL Mark Walzer Sponsor: Amelia Tillman
JOSEPH H. DAY & COMPANY, LLC Jacksonville, FL Joseph H. Day Sponsor: Bruce Wiltse
20 — Independent Dealer — August 2017
Under 10 Year Members Advance Auto Parts Ally SmartAuction B & C Autonet C & L Motors Inc. CGH Leasing Direct Auto Exchange, LLC High Tech Locksmiths Jeff's Auto Sales & Service Lovering Auto Sales Moffa, Gainor, & Sutton, PA Nationwide Southeast LLC OK CARZ Strategic Dealer Services Title Technologies, Inc. VIP Auto Group Inc
St. Petersburg Beach, FL Detroit, MI Port St. Joe, FL Tampa, FL Vero Beach, FL Tallahassee, FL Miami, FL Port Charlotte, FL Lakeland, FL Tampa, FL Rosemont, IL Lakeland, FL Irving, TX South Jordan, UT Clearwater, FL
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August 2017 — Independent Dealer — 21
FIADA hosted the last Town Hall Meeting of the year on July 28, 2017 in Tampa. Attendees heard tips and best practices from a knowledgeable dealer panel, a legal update from Rob Sickles and a legislative update from Sandra and Alan Mortham.
22 — Independent Dealer — August 2017
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August 2017 — Independent Dealer — 23
D E A L E R S H I P O P E R AT I O N S
Default and Repossession: Know Your Options BY DENNIS LEVINE AND KELLEY KRONENBERG
When your customer defaults on their car loan and will not surrender the car, is there anything you can do? Yes, there are a few options you can consider.
A
secured creditor has several options when a car loan goes into default. Under Florida law, the creditor has the right to “self help” repossession, meaning the creditor or its agent may take possession as long as they do not “breach the peace” when repossessing the car.
to surrender the vehicle. In the event the vehicle is not surrendered, the lienor can submit a form to the Florida DMV (“Notice or Discharge of Repossession Recovery Attempt”) which will prevent the renewal of the registration of that vehicle. The DMV has forms available to effectuate a lienholder’s rights under the statute.
When the car is being hidden or otherwise cannot be picked up by a repossession agent, the creditor has other options.
The statute does not state how long the lienholder should wait after sending this first form to the customer before submitting the second form to the DMV. We suggest waiting a minimum of ten (10) days. If and when the vehicle is recovered, the lienholder must submit a completed “Notice of Discharge” form to the DMV, which directs the DMV to update its records and release the hold.
Lienor Can Request a Registration Hold
Under Fla. Stat. 320.1316, when a customer is in default and refuses to surrender a vehicle, a lienholder may mail a “Notice to Surrender Motor Vehicle” to the vehicle owner
EXHIBIT
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T party) THE DEB TY ON OF PER PROSAT ISFACTI SELL N TOE IN FULL OF THE DEBT FACTION OUR PLA VEHICL SATIS E OF ) debtor) INaFULL TICTO ACCEPTVEHICLE in our NOAL also (Ins ert Date promises ACCEPT who is e PROPOS broke OSAL TOany obligor ction) (Inseret you Date) PROP (describ n aus ) pt the ress of of Transa , bec r/debtor obligatio cation to acce of the and add e oses (Identifi e collateral)of custome to by (Name ion leas prop a fact ctedribe ress ebtor) hereby (desc crib : theobje include fullldsatis osal tnot and add ss of customer/d incou prop Subject e your ert (des tion party) owe and if it is the to accep name ses pted obliga saleacce Apropo of t. This (Ins t name and addre of secured t you action l is sen sale.y med hereb We hav nt. (Inser deb satisf osa ted to by full prop theparty) public be dee inthis addressof secur not objec ion ofed at will owe and sal agreeme andaddre ss factal) ] satis ted if it is osal you meosit the debt r the date prop aterThis (Na ed accep sal is sent. This propo andl)ion: of ws: fulle collaction e afte in deem s disp (Nam be will satisfres.as follo cribsecu tera propo publiccolla in full (des in 30salday propo l be held with This the date this [For a sell tera collateral) colla notice secur days after des. the eralwill sale catenotice collat ). 30 within We will the entie: authDat ed ert date nse. The authenticat or lice an an t one:(inst date). Signed, (inser Tim was sen on e). A was sent want. r (dat Place: e aftepart y) Signed, ers if you red g bidd sometim saleme of secu and brin ate (Na at priv you the sale ] attend al) ed party) amount ion: e of securreduce the You may ate disposit cribe collater . ble) (Nam will priv applica ey, nse (des costs) [For a sell or lice not, as lease ing our extra mon l or will pay the r (wil We will ld include a get sale (afte, you , you will sale cou from the owe you owe we get ey than you e than amount ey that mon get mor the full exact The monwe get less . ing us e. If we the If it by pay To learn differenc someone else owe. sell the es. we us it to expens before still owe must pay we any time including our . owe unless ts), back at ber) that you property t due paymen phone num amount ured party’s (tele get the pas (sec red the You can (not just the , call us at have figu e us at $ how we you owe you must pay owe us or writ rge you writing ber) will cha amount you you in amount tion. We of the ne num lain to to exp (telephowritten explana explanation at want us written or est a If you may call us ther requ ber) and t you ano us, you ) ne num we sen (telepho address lanation if us at ths. exp 6 mon for the sale, call ut the the last rest in nt: . within tion abo e an inte r agreeme ress) who hav e informa party’s add er you r people money und need mor (secured g othe If you at owe win follo or who write us ce to the this noti al) : sending e collater any) We are gors, if (describ and obli tors r deb of all othe (Names
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FIADA members can get answers to more repossession questions in the resource library at www.FIADA.com or call technical assistance at 800-237-0448.
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8 9
24 — Independent Dealer — August 2017
Concerning the "Notice or Discharge of Repossession Recovery Attempt" and the prevention of renewing a registration, the section of statutes states in part: “Upon receipt from a lienor who claims a lien on a vehicle pursuant to s. 319.27 by the Department of Highway Safety and Motor Vehicles of written notice to surrender a vehicle or vessel that has been disposed of, concealed, removed, or destroyed by the lienee, the department shall place the name of the registered owner of that vehicle on the list of those persons who may not be issued a license plate, revalidation sticker, or replacement license plate."
Lienor can Send a Demand Letter to Customer to produce the Vehicle
When a loan is in default, Fla. Stat. 818.01 (“Disposing of personal property under lien or subject to Conditional Sale”) states it is a misdemeanor for anyone who has possession of a vehicle subject to a lien to “hide, conceal or transfer, such property with intent to defeat, hinder or delay the enforcement of such lien, or the recovery of such property by the vendor”. The statute states that it is prima facie evidence of concealing, selling, or disposing of such personal property whenever a person “fails or refuses to produce such property for inspection within the county where the lien was created, or the property delivered, upon demand of the person having such lien”. Be careful, though. A creditor cannot threaten criminal action in its demand letter.
Replevin
Florida law (Chapter 78) provides for the judicial remedy of replevin to establish the right of possession, and www.fiada.com
authorizes the Court to issue a writ of replevin which the Sheriff serves to put the lienor in possession. Replevin is a useful remedy for a creditor seeking to repossess property when the customer has defaulted on the contract and the creditor is not able to locate or repossess the collateral. The local Sheriff has the exclusive right/duty to serve and execute the Writ of Replevin.
•
Order to Show Cause - after filing a replevin lawsuit, the Court sets a “show cause” hearing. The Order to Show Cause must be signed by the Judge and served on the Defendant at least five (5) days prior to the hearing. In the event the Defendant does not show cause at the hearing as to why his right to possession is superior to the creditor, the Court will authorize the issuance of a Writ of Replevin.
•
Pre-Judgment Writ - To obtain a Pre-judgment Writ, the Plaintiff must post a bond (generally twice the value of the collateral or twice the balance due, whichever is less). The Court then issues the Writ of Replevin without notice to the Defendant and without a hearing (and before the Complaint is even served on the Defendant).
For more information on the subject of replevin, contact Dennis LeVine and Kelley Kronenberg at (813) 223-1697 or by email at dlevine@kklaw.com.
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Under Florida law, a replevin action can proceed in one of two ways (at the creditor’s option):
August 2017 — Independent Dealer — 25
D E A L E R S H I P O P E R AT I O N S
Government Office vs Private Tag Agency BY JENNIFER FINLAY
A few things to consider when deciding who will process your tag and title work.
C
ar dealerships focus on one thing, selling vehicles. There are sales goals, staff meetings, strategic advertising plans, BDC integration, customer retention programs all focused on that singular goal of selling vehicles. For large and small dealers this is the top priority every day. SELL MORE! Anyone in any type of “sales” business would agree. It’s all about closing the deal, exceeding your goals, and pushing for more. Most people only focus on the customer facing side of the operation and ignore or neglect the back office. There is an entire operation which runs in the background to support each deal. Large dealerships can employ sometimes up to 20 title clerks to process all of their work. In smaller dealerships, it is common for the owner to handle this responsibility. Either way, just because a customer signed does not mean the process is done. The title department ensures that all documents are properly filled out and submit them to their respective agencies to have the vehicle retitled in the customer's name along with appropriate registration. Dealers have very limited options in where to
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take their title work. You can either send it to a government office like the DMV or Tax Collector, or send it to a Private Tag Agency. When you go into the DMV or the Tax Collector’s Office, you are just one of the hundreds of customers in the lobby. Some agencies will dedicate 1, or sometimes 2 windows specifically for title work, but this is in the greater context of Driver Licenses, Property Taxes, Business Taxes, and individual to individual vehicle transfers. You are not THE priority, dealers are just another group of customers. This coupled with lengthy turnaround times and different requirements from location to location can make the process difficult for dealerships to efficiently get their deals finalized. It can be extremely frustrating when funding from a lender gets delayed. Because of these difficulties more and more dealers are switching their processing away from state agencies and sending their title processing to a private agency. The benefits come on many levels and there are several of them. First and foremost, customer service. Customer retention is important to private agencies, therefor attention to the dealer and to detail will be top priority for
them. Private Tag Agencies have one priority and most only have one type of customer: dealerships. Rapid turnaround, prioritization, and personal service are a few of the benefits to going with a Private Tag Agency. When considering making a switch, make sure to ask a few questions. Most importantly, what are their fees. Some private agencies charge an extra fee per deal on top of the customary state fees. Second, what is their turn around time for drop off and EFS? Do they guarantee a certain time frame, and what is their average for current customers? And finally, do they provide you with an account manager that will be dedicated to your dealership and available to help should a situation arise? With the recent roll out and expansion of access to the EFS system documents are scanned and submitted for processing. This opens the door to go with an agency that will provide the highest level of customer service and support anywhere in the state. Jennifer Finlay is the Statewide Sales Manager Florida Auto Tag Agencies. She can be reached at jennifer@flatags. com or 407-583-9199. www.fiada.com
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August 2017 — Independent Dealer — 27
Discounts on Disney Tickets Attendees of the 2017 FIADA Annual Convention have an added bonus this year. Some may say, it's magical. Disney has offered attendees an exclusive Partial Day ticket (after 2:00 PM Ticket and a 5:00 PM Twilight Ticket), as well as a 10% savings on multi-day (2+ day) tickets. All multi-day tickets include an additional complementary “Bonus Visit” admission to a Disney Water Park, Mini Golf or 9 holes of golf at Disney’s Oak Trail course. This is especially exciting as the FIADA Convention will take place during the Epcot International Food & Wine Festival runs from August 31 – November 13 so come early to convention, or stay an extra few days to enjoy over 40 International Food Kiosks, a wide variety of beers and wines from around the world, cooking demonstrations and celebrity chefs. Walt Disney World® Resort offers something for everyone. Don't miss your opportunity to spend a few extra days playing on championship golf courses, relaxing at luxurious spas or creating magical Theme Park memories with family and friends. Take advantage of specially priced Theme Park tickets to make the most of your visit. Visit https://www. mydisneygroup.com/fiada17 to purchase your tickets. 28 — Independent Dealer — August 2017
2017 Convention Sponsors A special thanks to our 2017 Sponsors: Gold
Silver
Bronze
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August 2017 — Independent Dealer — 29
INDUSTRY NEWS New Florida Driver License Coming Soon The Florida Department of Highway Safety and Motor Vehicles (DHSMV) is pleased to announce that a new, more secure Florida driver license and identification card will be available starting in August 2017 at select locations. As a business that relies upon the authenticity of Florida credentials to conduct your daily operations, we understand that it is critical for you to have all the information necessary to ensure that the individuals you encounter are representing themselves lawfully and legitimately. The new design includes nearly double the fraud protection measures compared to the previous design, including redundant data, ultraviolet (UV) ink and optically variable features. Along with critical anti-fraud features, the new design incorporates designations for lifetime sportsman’s, boater, freshwater, saltwater and hunting licenses, as well as designations for veteran, organ donor, deaf/hard of hearing
and developmentally disabled. By the end of December 2017, the new credential design will be available at all service centers throughout Florida and online. Individuals will only need to renew their driver license or identification card upon its expiration or if a required change is needed, such as a name or address change. Though previous driver license and identification cards will still be in use alongside the new credential until they are replaced or phased out, please note that after January 1, 2018, this will be the only card design issued in Florida. Any credentials with an issue date after January 1, 2018, without the new design are fraudulent. In instances of suspected fraud or identity theft using a Florida driver license or identification card, please contact the Fraud Unit at (850) 617-2405 or Fraud@flhsmv.gov.
Recall Corner: GM Recalls Vehicles for Airbag Update General Motors LLC is recalling 40,638 model year 2014-16 Buick Lacrosse and Chevrolet Spark EV, Caprice PPV and SS vehicles; 2014-17 Buick Encore and Chevrolet Corvette, Silverado 1500 and GMC Sierra 1500 vehicles; 2015-16 Cadillac Escalade and Escalade ESV, Chevrolet Tahoe, Trax, Suburban and Silverado 2500 and 3500 and GMC Yukon and Yukon XL vehicles, and 2015-17 GMC Sierra HD 2500 and 3500 vehicles. While being previously remedied for another recall (16V-651), the affected vehicles may not have received the complete software update necessary to remedy the recall condition. Without the update, certain driving conditions may cause the air bag sensing and diagnostic module (SDM) software to activate a diagnostic test. During this test, deployment of the frontal air bags and the seat belt pretensioners would not occur in the event of a crash. GM will notify owners, and dealers will reflash the SDM software. Vehicles that have had a previous air bag deployment will have the SDM replaced. The manufacturer has not yet provided a notification schedule. GM's number for this recall is 17287.
Mazda Recalls Vehicles for Airbags Mazda North America Operations (Mazda) is recalling 205,377 2009-11 Mazda6, and 2007-11 CX-7 and CX-9 vehicles. These vehicles are equipped with certain air bag inflators assembled as part of the passenger frontal air bag modules, and used as original equipment or replacement 30 — Independent Dealer — August 2017
equipment. In the event of a crash necessitating deployment of the front air bags, these inflators may rupture due to propellant degradation occurring after long-term exposure to absolute humidity and temperature cycling. Mazda's number for this recall is 1317F. This recall supersedes recall 16V356 and all vehicles that were not remedied under that campaign are now covered by this one.
Ford Recalls All Transits Ford Motor Co. is recalling all 2015-17 Transit vehicles except those with a 156-inch and 178-inch wheelbase Chassis Cab and Cut-Away bodies. In the 372,991 affected vehicles, the flexible coupling connecting the transmission to the driveshaft may prematurely fail. If the coupling fails, the vehicle will not be able to move under its own power and the disconnected driveshaft may impact and damage the brake and fuel lines. Additionally, the separated driveshaft may allow the vehicle to roll if the vehicle is exited when the transmission is in 'Park' but the parking brake is not applied. These scenarios may increase the risk of a crash. Ford will notify owners, and as an interim repair, dealers will replace the flexible coupling on any vehicle with more than 30,000 miles. A final remedy repair of a redesigned flexible coupling or a revised driveshaft equipped with a universal joint is being developed and is expected in early 2018. These repairs will be made free of charge. The recall began July 17. Ford's number for this recall is 17S15. www.fiada.com
2016-2017 FIADA EXECUTIVE COMMITTEE:
LISA COMPAGNO President Palm Tree Auto Sales Stuart, FL (772) 288-2099
JIM WINTERICK, SR. Chairman of the Board Gulfstream Motor Credit Miami, FL (305) 253-2335
STEVE MARBAIS, CMD GEORGE HICKEY Regional Vice President Regional Vice President Bond Auto Sales, Inc. Marbais Enterprises, Inc. Ocoee, FL Tampa, FL 33604 (407) 877-7422 (813) 238-7478
CHRISTOPHER LEEDOM BRAD JOEL Secretary Treasurer AutoMaxx Splish Splash Auto Sales Sarasota, FL Princeton, FL 33032 (941) 309-1111 (305) 258-1191
BRANDI NOEGEL DINO MERCURIO Regional Vice President Regional Vice President Noegel’s Auto Sales Independent Credit, Inc. Starke, FL West Palm Beach, FL (904) 964-6461 (561) 686-8673
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FRANK FUZY Regional Vice President Century Motors of S. Fla., Inc. Pompano Beach, FL 33064 (954) 785-0369
SCOTT LANIER, CMD Senior Vice President Credit Cars Orlando, FL 32808 (407) 295-6211
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August 2017 — Independent Dealer — 31
MANHEIM FLORIDA ALWAYS NEARBY.
Manheim Daytona Beach 1305 Indian Lake Road Daytona Beach, FL 32124 386.255.2500 Sale: Wed 3 PM Total Resource Auction every Wed 2:30 PM Manheim Fort Lauderdale 5353 S State Road 7 Davie, FL 33314 954.791.3520 Sale: Fri 9 AM Total Resource Auction Tue 9 AM Ford Open Sale every other Fri Manheim Fort Myers 2100 Rockfill Rd Fort Myers, FL 33916 239.476.9800 Sale: Wed 4 PM Total Resource Auction every other Wed 3 PM Specialty Sale last Wed monthly 2 PM Galloway Direct Off Site Sale 2nd & 4th Tues 12 PM Manheim Jacksonville 10817 New Kings Rd Jacksonville, FL 32219 904.768.9981 Sale: Thurs 1 PM Total Resource Auction every Thurs 12:40 PM Manheim Lakeland 8025 N State Road 33 Lakeland, FL 33809 863.984.1551 Sale: Wed 2 PM Specialty RV/Boat Sale 1st Wed monthly 9 AM
32 — Independent Dealer — August 2017
Manheim Orlando 11801 W Colonial Dr Ocoee, FL 34761 Sale: Tues 9 AM Highline Exotic Sale Kicks off every 4th Tues 11 AM with Mercedes & BMW Chrysler Closed Factory Sale bi-weekly on Mon 12:30 PM GM Closed Sales bi-weekly on Mon 1 PM Nissan Infiniti Closed Sale 1st Wed monthly 9 AM Manheim Palm Beach 600 Sansbury Way West Palm Beach, FL 33411 561.790.1200 Sale: Thursday 9 AM Exotic Highline Sale every 4th Wed 9:30 AM Manheim St Pete 14950 Roosevelt Blvd Clearwater, FL 33762 727.531.7717 Sale: Thurs Weekly 2:30 PM inops Regular Sale 3 PM Manheim Tampa 401 S 50th St Tampa, FL 33619 813.247.1666 Sale: Thursday 9 AM Total Resource Auction Mon 9:30 AM at Cone Road location Ford Factory Sale every other Wed 10 AM Manheim Caribbean 1050 Carretera 865 KM 4.7 Bo. Candelaria Toa Baja, PR 00949 787.261.7300 Sale: Thurs 12 PM Salvage Sale Thurs 11 AM
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Manheim Central Florida 9800 Bachman Rd Orlando, FL 32824 407.438.1000 Sale: Wed 9 AM Total Resource Auction Wed 8:30 AM “Manheim Imperial Nights” Sale Tues 4 PM Specialty Heavy Truck & Equipment Sale Second Thurs Monthly at 10 AM
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