FEBRUARY 2019
www.FIADA.com
Information and Insight for Florida Used Car Dealers
What's not to love about the Florida Independent Automobile Dealers Association? PAGE 4
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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 Brad Joel President Lisa Compagno Senior Vice President
Contents February 2019
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 Brad Joel
6
Executive Director’s Message Lisette Mariner, CAE
Luis Giraldo Regional Vice President
8
Membership News
Brandi Noegel Regional Vice President
10
Back to Basics Sales Tax issues are not always cut and dry. Terry Myers explores a scenario that's difficult to answer.
12
FIADA Town Hall & Board Meeting FIADA's first Town Hall Meeting and Board Meeting is in the books. We have a snapshot of how it all went.
16
One on One With Sandra Mortham As the FIADA Lobbyist, Sandra Mortham works hard to represent the interests of Florida's independent dealers in Tallahassee.
18
Legislative Update As the start of the 2019 Florida Legislative Session gets closer, take a moment to preview what's on the agenda.
20
Attention Dealers: The OFR is Looking at Your Installment Sales Dealers know to be prepared for a Florida Department of Revenue audit, but the Office of Financial Regulation could come calling too.
Scott Lanier, CMD Chairman of the Board Frank Fuzy Secretary Jenay Rhoads Treasurer
Steve Marbais, CMD Regional Vice President Trever Varney Regional Vice President Jim Winterick, Sr Regional Vice President FIADA STAFF Lisette Mariner, CAE Executive Director Terry Myers Educational Instructor Jason Berthiaume Education and Events Manager Jodi Eubanks Membership Coordinator 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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22 How Your Dealership Can Turn Tax Refunds Into Down Payments Tax season is here. Get your digital advertising strategy ready to take advantage of the extra cash that's available. 26
Are Your 2019 Goals at Risk Already? Most New Year's Resolutions have already been broken. Don't let your goals for the year suffer the same fate.
30 Industry News News and headlines of interest to the Florida Used Car Industry and beyond.
February 2019 — Independent Dealer — 3
FROM THE PRESIDENT
I Heart FIADA BY BRAD JOEL, FIADA PRESIDENT
I
t's that time of year when the stores are all decked out in red and pink and hearts and cupids. I know Valentine's Day is mostly propelled by some great marketing of the greeting card industry, but I don't think it would hurt to take a minute and think about all the ways we love the FIADA.
industry's all-stars, then you need to join FIADA. FIADA is a living Hall of Fame for some of the largest, most profitable dealers who have ever opened a used car lot, and they are all willing to sit down and offer you any advice they have. Education is a big one for me as well. Nobody does a better job of educating independent dealers than FIADA. Terry Myers
I think we have to start with the member benefits. I've said it before, and I'll say it again-it literally pays to be a member of the FIADA. I wrote a whole article about the major benefits of the auction coupons There are over 10,500 licensed dealers in a few issues ago. Add on to that the FIADA Florida. If you happen to see one of those discounts, promotions and savings from some of the industry's top vendors and it is really like non-members out and about this month, ask you're being paid to be a member. We are always them, "what's not to love about the FIADA?" looking for new member benefit programs to add to the list, in fact at the Board Meeting last month we introduced a new auction coupon and a new member benefit. You can now get $350 off your first purchase and Kevin Scott are top-notch instructors teaching both the at ACV Auctions. We also welcomed mypayrollsite.com as future of our industry in the new dealer training classes as a member benefit. As their slogan says "time is money, and well as refreshers for the rest of us in the online and in-person money is time" so stop wasting your time doing payroll and CE courses. On top of that, we have the quarterly Town Hall meetings (FREE to all dealers, of course) and the educational HR-related stuff, and let them do it for you. weekend at our Annual Convention. Add on the countless resources at www.FIADA.com and there is an almost limitless After member benefits, the next thing I love about FIADA is our library of information available to FIADA members. Of course, legislative mindset. The Florida Legislative Session is starting if you don't have time to sift through all of that yourself, FIADA soon, but our FIADA Legislative Committee has already been offers a technical assistance line to talk you through the issue you behind the scenes preparing. Thank you Dino Mercurio, our are having. legsislative chairman, Sandy Mortham, our lobbyist, and Lisette Mariner, our Executive Director for leading the way. Every I imagine each of you reading this message already know all of dealer in the state should "heart" FIADA for providing legislative these things about FIADA and probably have your own reasons protection. I continue to encourage you to talk to your friends for being a member. Our task now is to go evangelize the rest of who are not members and remind them that we ALL have a the dealer community. There are over 10,500 licensed dealers in responsibility to our industry and we could use their help. the state of Florida. Why aren't they with us? If you happen to see one of those non-members out and about this month, ask them, Networking and camaraderie are probably next on my list. "what's not to love about the FIADA?" Something that always amazes me about the FIADA is that we all may be "competitors" in the business world, but the bonds Brad Joel of FIADA make us family. It's such a cool dynamic. If you're FIADA President interested in learning the best practices from some of the 4 — Independent Dealer — February 2019
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annual - -
ConventioN ROSEN PLAZA HOTEL | ORLANDO, FL
OCTOBER 17-19, 2019
Get details and updates at FIADA.com/convention You can reserve your room at the Rosen Plaza Hotel now! Call 1-800-627-8258 and request the GROUP rate for Florida Independent Automobile Dealers Association, FIADA Annual Convention and Expo. www.fiada.com
February 2019 — Independent Dealer — 5
EXECUTIVE DIREC TOR’S MESSAGE
New Year Jumpstart BY LISET TE MARINER, CAE, EXECUTIVE DIRECTOR
W success.
hat a great start to the new year! The FIADA held it’s first town hall, board meeting and PAC fundraiser for the year. All with great
If you’ve never been to a town hall, you should join us one time. We have two more scheduled for the year. We kicked off the meeting with a candid discussion regarding the HOPE Scholarship Fund and its legislative impact. Through some of the feedback that I received at the meeting I was able to go to the plan administrator, Step Up for Students, to improve one of the reporting processes. A dealer informed me that the online system doesn’t allow you to post-date the payment, like the Florida Department of Revenue site does. I am happy to report that now dealers can post-date the payment. Diane Buck, South District Program Manager for Dealer Services joined us to help us understand the records inspection process and what you need to prepare for a records inspection. She outlined what the department looks for when they come in to perform a records inspection. Diane is a wealth of knowledge and was able to break down the process to take the mystery out of the process. The last presenter for the day was Rob Sickles, managing partner for Nelson Mullins Broad and Cassel. He provided an update to a recent case involving dealer fees. If you charge a dealer fee and were not at the meeting, I would recommend you use your technical assistance benefit as a member and call us to have Rob explain the implications. This was a well-attended meeting. We couldn’t do what we do for dealers without the support of our sponsors. A 6 — Independent Dealer — February 2019
huge thank you to ACV Auctions, Auto Data Direct, Inc., Auto Zone, Golden Eagle Management Services LLC, Opus VTR, and Wayne Reaves Software and Websites. It’s through their support that we can offer these educational opportunities free of charge. The next day the FIADA board met to go over some strategic planning for the association. The committees reported the progress they have made with things such as membership, member benefits, convention, the FIADA budget and the legislative agenda. You have a wonderful board of directors that care about the association and work hard on your behalf. A huge shout out to them as well. They all volunteer their time and expertise for the betterment of the association. Some of the key action items were the approval of a new member benefit with mypayrollsite.com. ACV auctions also approved a new coupon for members. Download the FIADA app and save up to $350 off your first purchase. The convention committee announced the theme for 2019. We have so many great things happening this year! The FIADA PAC fund also got a jumpstart to the new year. Thank you to our wonderful hosts, Frank and Gina Fuzy who opened their home and introduced us to the wonderful culinary delights of Café Maxx. We had Majority Leader Kathleen Passidomo as an honored guest. Senator Passidomo spoke to dealers and members of the association. She got a better understanding of the issues and the industry. We were very fortunate to have her at our event. Thank you to our lobbyist, Sandra Mortham for making it possible for Senator Passidomo to attend. Check out the pictures (starting on page 12) of all these wonderful opportunities to help your business grow. Please let me know if you have any feedback. www.fiada.com
S R O O D W E N N E P O E H T H T I W P I H S R E L FOR YOUR DEA
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February 2019 — Independent Dealer — 7
MEMBERSHIP NEWS
New Members
Rejoining Members
JANUARY 2019
AMERICAN MONEY LENDERS Clewiston, FL James Preston Sponsor: Kevin Scott DEALMAKER AUTO SALES Jacksonville, FL Nathan Martin Sponsor: FIADA DELBROUCK AUTOMOTIVE LLC Ft Lauderdale, FL Georges Delbrouck Sponsor: Chris Ellis
UNITED AUTO CREDIT Newport Beach, CA Bill Dunne Sponsor: FIADA
ELIO DI GIOVANNI Pompano Beach, FL Sponsor: Kevin Scott JUSTIN SKINNER Cooper City, FL Sponsor: Kevin Scott
WELCH AUTOMOTIVE GROUP,
TAMPA HYBRIDS
Lutz, FL Todd Thompson Sponsor: FIADA
INC. Clermont, FL Victor A. Gomez Sponsor: Lisette Mariner
TRG AUTO FINANCE Jacksonville Beach, FL Matt Spencer Sponsor: Lisette Mariner
Renewing Members
JANUARY 2019
JANUARY 2019
60+ Year Members Manheim St. Pete
Clearwater, FL
50+ Year Members Manheim Lakeland
Lakeland, FL
30+ Year Members Credit Cars Manheim Daytona Beach Manheim Pensacola Manheim Tampa Marbais Enterprises, Inc.
Sioux Falls, SD Daytona Beach, FL Pensacola, FL Tampa, FL Ocoee, FL
20+ Year Members Car-Time, Inc. Economy Motors Holt Auto Sales, Inc. R & L Auto Wholesale Tropical Auto Sales
Bunnell, FL Live Oak, FL Kissimmee, FL Lakeland, FL North Palm Beach, FL
10+ Year Members Autoline Preowned Automotive Fleet Enterprises Automotive One, Inc. Dixie Motors LLC First Coast Auto Sales Florida Autosport, Inc. Gene Gorman's Auto Sales Holcombe USA, Inc. dba Autoshow Sales & Service Macklin Automotive Co. Manheim Orlando Manheim Orlando-Central Manheim Palm Beach Neal's Wheels Pegasus Classic Cars LLC Prestige Auto Sales Sterling Credit Corporation
Jacksonville, FL Pinellas Park, FL Longwood, FL Live Oak, FL Jacksonville, FL Tallahassee, FL Punta Gorda, FL Plantation, FL Avon Park, FL Ocoee, FL Ocoee, FL West Palm Beach, FL Fanning Springs, FL West Palm Beach, FL Ocala, FL Maitland, FL
8 — Independent Dealer — February 2019
Tax Refund Services, Inc. Ultimate Image Auto, Inc. Under 10 Year Members Ace Motors, Inc. Adcock Brothers., Inc. Allans Auto sales APR AUTO GROUP LLC Atlantic Motors LLC Barton Used Cars South Inc. Bonita Auto Center Inc. Brightway Auto Sales Car Factory Outlet Car Solutions LLC CarLotz Celebrity Auto Group Elite Jeeps Inc. First Florida Motor Sports, Inc. Get Financed Hazly Motor LLC Kathy's Kars Larry's Auto Service Center Line1 Communications, Inc. LOBEL FINANCIAL Manheim Fort Lauderdale Manheim Fort Myers Manheim Jacksonville Mobility Freedom, Inc. Nations Trucks NextGear Capital Nicholas Financial Sunshine Used Car Sales Vegter Automotive Westwind Coachworks, Inc. Younes Investment Inc
Tampa, FL Tallahassee, FL St. Petersburg, FL Panama City, FL Panama City, FL Riverview, FL Jupiter, FL Ponte Vedra Beach, FL Bonita Springs, FL Jacksonville, FL Miami, FL West Palm Beach, FL Tampa, FL Sarasota, FL Cartersville, GA Pompano Beach, FL Miami, FL Apopka, FL Saint Petersburg, FL Beverly Hills, FL Tallahassee, FL Fort Lauderdale, FL Davie, FL Fort Myers, FL Jacksonville, FL Clermont, FL Sanford, FL Carmel, IN Clearwater, FL West Palm Beach, FL Cape Coral, FL Jacksonville Beach, FL Kissimmee, FL www.fiada.com
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February 2019 — Independent Dealer — 9
BACK TO BASICS
Things That Make You Go Hmmm BY TERRY MYERS
A sales tax question opens the door to examine additional elements of the issue that are often overlooked.
I
was asked a question that may be of some interest to everyone. The dealer asked, "We have a buyer in Virginia that purchased a BMW from us. The car will be shipped to him. He will not take possession in Florida. However, he does want us to provide a 30-day temporary tag on the vehicle. Are we obligated to collect his Virginia sales tax at 4.15% with a DR-123 form?”
No sales tax is due when the customer takes possession outside Florida. (I added some extra language for article clarification.) The Department of Revenue in the manual TAX INFORMATION FOR MOTOR VEHICLES DEALERS, GT-400400, http://floridarevenue.com/Forms_library/ current/gt400400.pdf requires the dealer to hire the transportation company, to eliminate the opportunity for the customer to turn the vehicle around and take possession inside Florida. A dealer-attorney might recommend the dealer to have the customer hire the transportation company. His /Her concern, on the dealerattorney side is the legal responsibility the dealer accepts by choosing and hiring the transportation company. If something goes wrong in transit, a claim and potential lawsuit against the dealer may follow (because the transit company the dealer hired did not have adequate coverage for a legal claim). The harmed party may come after the dealer for any uncovered difference.
The answer: You may not send a temporary tag with a vehicle and the DR-123 does not apply, unless possession is taken inside Florida and the vehicle is driven off the lot. He needs to get a tag in Virginia when he does his tag and registration. Don't forget to obtain the HSMV 84061 Affidavit from him where he acknowledges responsibility to do his own tag and title work in Virginia. Keep that form in your deal jacket. 10 — Independent Dealer — February 2019
This raised a new question: How does the dealer satisfy the needs of the customer, the requirements of the DOR and the concerns of the dealer-attorney? Not being an attorney, my potential approach with the customer might be: 1. Explain that the DOR requires the dealer must hire the transportation company or Florida Sales Tax at the customer’s state sales tax rate, must be charged. 2. Ask in writing if the customer has a transportation company that he/she wants the dealer to hire (or) www.fiada.com
would he/she like the dealer to make suggestions. 3. If the customer would like suggestions, the dealer might want to shop at least three transportation companies and their rates. a. Giving more than one choice helps support the customer’s involvement in the hiring decision. b. Prudence might include dealer research of the various suggested companies for history and adequate insurance. 4. Offer the various company choices via email, for example a form upon which the customer picks the one they direct the dealer to hire and then returns the form to the dealer for inclusion the deal jacket. 5. The customer pays the transportation company directly (or) the dealer, who in turn, at the customer’s direction, pays the company.
Stay alert to new potential sales tax issues. The desire to require the dealer to collect and remit sales tax at the customer’s state rate and for the dealer to send it directly to that state, is a current and ongoing topic of major concern across many states. The FIADA has excellent legal
counsel at the DOR knowledge level and dealer legal level. Watch for relevant updates from these professional resources as they unfold. If you are not yet a member of the FIADA, join now! Call me at (727) 804-7375, I would love to be your sponsor.
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.
Notes (In my opinion): • The customer’s main concern is getting their vehicle and not paying sales tax in Florida. • The DOR’s main concern is proof the customer took possession outside of Florida and had no opportunity to change the delivery destination. • The attorney’s main concern is the potential legal responsibility attached to the dealer because he/she hired the transportation company, should something happen in the transit process. Whether or not the process above would satisfy all three scenarios, in the event of a challenge, would have to be discerned in a court of law. Should you choose to implement any of the above, it is wise to first seek competent legal advice from the DOR and your legal counsel. I am NOT legal counsel. www.fiada.com
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FIADA TOWN HALL & BOARD MEETING
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The first Town Hall Meeting of the year was held at The Westin, Ft. Lauderdale on January 10. The Board of Directors met the following day. Past President Frank and Gina Fuzy opened their home to a reception that generated over $9,000 in donations to the FIADA PAC fund. Stay tuned for the next Town Hall scheduled for April 12 in St. Augustine.
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14 — Independent Dealer — February 2019
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February 2019 — Independent Dealer — 15
MEMBER BENEFITS
one –on– one with
Sandra Mortham
T
FIADA's Lobbyist
he FIADA has spent many years, and raised a lot of money, making a name for itself in Tallahassee. For the past 7 years, Sandra (Sandy) Mortham has been guiding the Association and building new relationships and rapport with legislators. Sandy is a former Speaker of the Florida House of Representaties and a member of the Florida cabinet. Her insight on legislative issues is considered to be at an expert level and her dedication to representing Florida's independent dealers is tireless. As the Legislative Session gets closer to starting, Independent Dealer asked Sandy a few questions about her career and her thoughts about legislative advocacy.
Have you always been interested in politics? Tell us about how you started your political career. My husband ran for Largo City Commission and lost by 52 votes. In the next election, there were some local projects for the younger generation and no one was on the commission who really cared. I was basically nominated to present such a project before the local body with no acceptance whatsoever. I was appalled and decided at that moment that I would run. It was 1983 and I served for five years. It was gratifying to be able to get a recreation complex built with an Olympic pool, park-land acquisition and more with very few new taxes.
calls and live with it. Fundraising can be difficult but it is an absolute necessity to be well funded.
Give us some highlights from your time in the Florida House of Representatives. Being able to help people who can’t maneuver the bureaucracy was very fulfilling. So often there were folks who had problems that were beyond their ability to work through and I enjoyed trying to solve those problems. As a huge believer in less government, I never tried to pass more and more legislation Sandra "Sandy" Mortham is a familiar to be put on the books. Rather, I passed face at FIADA events, and represents the a constitutional amendment that went to Association well in Tallahassee as the the ballot to preclude the legislature from official lobbyist. passing mandates on local governments without a funding source. This has, to this day, made the legislature stop and think before new local requirements are You have personal experience in campaigning for an made. elected office. From the candidate's perspective, what do you need to run a good campaign? It was an honor and privilege to serve as the Republican Leader Liking people and being a good listener is a good first step. in the House for my last two years. I was the first woman You also have to have a thick skin because people can be ever nominated for Speaker of the House by either party. pretty brutal. It is sometimes a 16 hour day during the We accomplished a lot during those two years as a caucus campaign and you have to be 110% committed in order to including the creation of the Department of Juvenile Justice. have a chance to succeed. You must be willing to make hard 16 — Independent Dealer — February 2019
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You were the first female to be elected Secretary of State in Florida. Describe that accomplishment. Yes, I was the first female Secretary of State, but also the first Republican woman ever elected to the Florida Cabinet. At that time, there had only ever been one other woman, who was a Democrat, to serve at the state cabinet level in the history of Florida. Getting elected statewide was difficult to say the least. We raised over $1 million and drove over 65,000 miles campaigning this very large and diverse state. In the end, we prevailed. When did you make the transition to becoming a full time lobbyist, and how did you get started with that career? After my tenure as Secretary of State, I was approached to join the Florida Medical Association. As their CEO for 9 years, I lobbied about every kind of healthcare issue you can imagine. It was a very difficult problem for many people trying to get the best care possible and remains so today. I thoroughly enjoyed this opportunity and never contemplated being there for so long.
backwards and forwards, as well as, the Legislative Chairman and President over these years.
providing sign locations during campaigns can be a great way to build friendships!
Legislative advocacy is one of the biggest benefits of being a FIADA member. How does FIADA rank in its legislative presence? FIADA’s presence has increased significantly since the beginning. I credit the membership for their PAC participation as well as including legislators at conferences, etc.
What is FIADA’s legislative focus this session? First and foremost, we ensure that nothing bad happens to the dealers. No new bad regulations and no new taxes.
What are some ways FIADA can improve when it comes to political awareness and activism? Inviting legislators to your lots and
What should we be on the watch for? Stay tuned to emails or requests from Lisette, your executive director, who may ask you to contact a legislator from your area on specific problems that may come to light during the legislative session. In general, what’s the forecast for Florida’s legislative season? (Plans, priorities, players, etc.) I believe our new Governor Ron DeSantis will be a great advocate for small business as well as anti new taxes. Both Speaker Oliva and President Galvano will be good for your dealerships as well.
What makes an effective lobbyist? In order to be a good lobbyist, you must be vigilant and tenacious. Learning the issues is the easy part. The hard part is getting elected officials to understand the importance of the issue and why you believe what you believe. To be an effective lobbyist, you must have great relationships. How long have you represented the FIADA and what are your observations about the Association? I first joined FIADA as their lobbyist in 2012. My personal feeling is that the Association has become much more pragmatic and intuitive about what can and cannot be done. This is extremely critical in order to maximize your ability to get things accomplished. I have been super pleased working with Lisette, who understands the issues www.fiada.com
February 2019 — Independent Dealer — 17
LEGISLATIVE UPDATE A monthly update prepared for the members of the Florida Independent Automobile Dealers Association
T
he official start of the 2019 Florida Legislative Session is not until March 5, but already there has been a lot of activity at the capitol. Besides the swearing in of the new Governor, Ron DeSantis, both members of the House and Senate have started adding proposed bills that are working their way through the various committees. The FIADA Legislative team is closely monitoring all of these and watching for amendments to see if there are opportunities for us to amend language. Following is a brief overview of some of the proposed bills that could affect Florida's independent dealers: HB 87 /SB 234 - Registration and Titling of Vehicles and Vessels Registration and Titling of Vehicles and Vessels: Revises registration periods for certain vehicles; requires DHSMV to develop methodology to prorate registration renewals for customers and implement changes made by act; provides limitation; authorizes surviving spouse of motor vehicle owner to present certain death records when requesting registration certificate and license plate transfer; authorizes new owner or surviving coowner of vessel to submit certain death records when applying for transfer of title. HB 347 - Towing-storage Operator Liens Towing-storage Operator Liens: Requires certain lien notices be sent through third-party mailing
18 — Independent Dealer — February 2019
The FIADA PAC presents a donation check to Majority Leader Kathleen Passidomo. From L to R: Legislative Chairman Dino Mercurio, President Brad Joel, Senator Passidomo and Past President Frank Fuzy.
service; requires third-party mailing services to apply to DHSMV; requires department to approve application if certain conditions are met; authorizes department to deny, suspend, or revoke its approval; requires thirdparty mailing service to maintain certain records for specified period & allow inspection of such records by department. HB 425 - Continuing Education for Licensed Motor Vehicle Dealers Continuing Education for Licensed Motor Vehicle Dealers: Requires DHSMV to deliver statement to each licensee regarding continuing education or industry certification requirements; revises time period in which certain documents may be filed; requires license renewal
application for franchised motor vehicle dealer to certify that dealer has completed specified industry certification requirements; provides requirements for provision of such certification; requires provision of certificates of completion to DHSMV and customer; authorizes certification to be completed by single designated person on behalf of members of dealership group; requires certain licensees to provide DHSMV with evidence of common ownership in dealership group when filing certificate of completion. HB 431 - Liens against Motor Vehicles and Vessels Liens against Motor Vehicles and Continued on page 21. www.fiada.com
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:____________________________________________________________________
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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
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February 2019 — Independent Dealer — 19
S A L E S TA X I S S U E S
Attention Dealers: The OFR is Looking At Your Installment Sales BY MAT THEW R. PARKER, ESQ.
You know to be ready for a Florida Department of Revenue sales tax audit, but what about if the Office of Financial Regulation comes calling? FOFR is increasing the number of examinations so there's a good chance you will be hearing from them.
I
f you are a used car dealer, then you likely have been exposed to or at least worried about a sales tax audit by the Florida Department of Revenue. If that wasn’t bad enough, you now have to contend with examinations by the Florida Office of Financial Regulation (FOFR). Chapter 520, Florida Statutes (F.S.), addresses retail installment sales. Part I specifically applies to motor vehicle sales finance. Rule 69V-50, Florida Administrative Code (F.A.C.) addresses motor vehicle sales finance. These statutes and rule provide the basis for the FOFR’s examination of car dealers. Like any FOFR examination, the results generally include significant proposed administrative fines and possible revocation of your license. It is something you need to be prepared for. While it appears to be a somewhat “new” industry for FOFR examinations, the FOFR is rapidly increasing the number of examinations by its staff. Upon receiving the notice of examination, the next step likely will involve an examiner or two taking several days to request and review records related to installment sales. You need to expect this to be a fairly timeconsuming experience. With the FOFR examination, you can expect the examiner(s) to look at amounts listed on the sales and financing contracts. Generally, the FOFR is looking to see what amounts were charged to 20 — Independent Dealer — February 2019
customers and what amounts were actually remitted. This not only involves taxes (sales and/or documentary stamp tax) but also registration fees and other charges. The other charges can include “handling” or “processing” fees as well as customer purchases of gap, service agreements/ warranties, or any other amounts charged to the customer and included in the financing contract apart from the cash price of the vehicle. Since the installment contracts are generally preprinted forms widely used in the industry, you can expect that the FOFR is going to identify violations for charges to consumers in excess of amounts allowed by law for any items disclosed in the financing documentation. The FOFR has been generally alleging violations for amounts charged to customers that exceed amounts paid to the providers of the purchased services (GAP or agreement/warranties, etc.). The FOFR is broadly reading its authority as set out in the statutes and rules. But, this should not come as any surprise to anyone who has previously dealt with the FOFR. Even if you submit customers who need financing to third party lenders, the FOFR still considers that an installment sales contract. Many dealers who do not self-finance use this method to connect lenders to buyers so that they can receive full payment for the purchased vehicle. The FOFR often reads the printed installment sales information as involving you as the www.fiada.com
seller/financer for the deal. This pulls you into the FOFR’s authority.
complaint that you will receive. This sets forth the deadline to file a response and preserve your rights to contest the examination findings. If you fail to timely file a response, then the FOFR will enter a final order adopting the examination findings. Again, that likely will include license revocation which can be a business killer.
After the examination, don’t think that the silence from the OFR means you have survived the examination. It generally takes a period of months (or longer) for you to receive the administrative complaint that alleges violations. Be prepared for the administrative complaint to If you receive a notice of examination, then feel free to follow up with us allege a fine, refund on the matter. Even of overcharges, and the responses to the Be prepared for the administrative complaint license revocation. licensee questionnaire Any of these are to allege a fine, refund of overcharges, and can allow the FOFR serious enough license revocation. Any of these are serious to incorrectly alone. The license enough alone. assert a basis for revocation clearly violations. With impacts your ability an administrative to operate as a complaint, you will have twenty-one days from the date business that utilizes any form of financing. But, the of receipt to provide a written response to preserve your possible refunding of alleged overcharges will likely be a burdensome project to show that funds paid by customers right to a hearing. We can help explain the examination or hearing process. The administrative complaint is going were remitted for the stated purpose. This naturally to allege serious consequences that must be addressed or becomes a bigger burden for the more deals that are else the FOFR can, and usually will, enter a final order applicable for the examination period. adopting the proposed findings. The FOFR’s alleged findings may be wrong, but you have to affirmatively show Preparing for the examination can help address the that to protect your license and livelihood. possible violations the FOFR might allege. However, it is more important to be aware of the administrative Matthew Parker is a Florida state and local tax attorney and an associate in the law firm the Law Offices of Moffa, Sutton, & Donnini, P.A. He may be reached at (813) 775-2132 or MatthewParker@FloridaSalesTax.com. LEGISLATIVE UPDATE continued from Page 18
Vessels: Authorizes person claiming lien against motor vehicle to obtain release of vehicle from lien claimed by motor vehicle repair shop; prohibits repair shop from violating certain provisions; revises notice requirements for enforcing lien by sale of motor vehicle; revises requirements for notice of lien & notice of sale; requires lienor to make motor vehicle available for inspection; revises requirements for transfer of title; authorizes lienor to charge administrative fee; revises requirements for notice of lien for recovering, towing, or storing vehicle or vessel; revises requirements for notice of sale; revises requirements for transfer of title; authorizes lienor to charge administrative fee. At any time during the session, you can get detailed information regarding bills, including next committee stops and dates, and view the committee meetings as they are happening (or go back and view later) online at http://myfloridahouse.gov/Sections/MyHouse/login. aspx or https://www.flsenate.gov/Tracker/Signup. These www.fiada.com
free resources available through the House and Senate websites will also let you set up a tracking option that will automatically follow the legislation you choose. As always, FIADA will be with you every step of the way sending out member communications and alerting you to potential threats and issues. Make sure you check your email reguarly for legislative alerts and bulletins from FIADA and take action when asked. Last month at the Town Hall Meeting and Board Meeting in Fort Lauderdale the FIADA PAC was able to present a donation check to Senator Kathleen Passidomo's campaign. Members attending a reception at the home of Frank and Gina Fuzy raised $9,650 dollars for the PAC Fund. If you would like to make a donation to the PAC Fund, go online to https://www.fiada.com/page/PAC or use the form on page 19. Together, we can all make a difference! February 2019 — Independent Dealer — 21
SALES & MARKE TING
How Your Dealership Can Turn Tax Refunds Into Down Payments BY BROOKE JENSEN
You probably already have an in-house marketing plan for tax season, but what does your digital strategy look like? Here are some tips to ensure a seamless approach.
T
ax season can just as easily become “down payment season” if your dealership employs the correct digital strategy. As consumers start receiving their tax refunds, show your financing and subprime-geared offers to the right audiences to increase dealership sales this tax season.
Tip #1: Target Car Shoppers By Credit Score, Income, and Age
According to the NRF survey data, those who are looking to “spend their tax refund on a major purchase” (like a car) belong to income ranges <$50K and are between the ages of 18-34.
Think With Google noticed a trend in dealership foot traffic, increasing substantially from the slow months after the holiday season into summer. The big spike peaks right around—yep, you guessed it—tax season.
What if you could advertise your finance-related “WhyBuys” to ONLY those demographic segments?
Some sources claim dealers see up to 50% of annual business during tax season and sell more cars during this time of year than any other. While those numbers are bound to differ from dealer to dealer, we do know that tax refunds have more than doubled in the last decade. And this makes for a huge opportunity for industries that benefit from large initial investments.
With the platform’s comprehensive user data, you can target In-Market vehicle shoppers near your dealership: • by Credit score • by Income range • by Age
According to the National Retail Federation, more and more Americans are receiving tax refunds each year. For the 2018 tax filing season, the IRS anticipated that 70 percent of taxpayers will get a refund.
Through solutions like Facebook, you can.
Then deliver the perfect ad that guarantees these shoppers that: • …you have many financing options available • …credit scores and histories aren’t a problem • …they will reap a big reward
And while most consumers plan to save instead of spend their extra cash, an average 10.5% of adults plan to spend their return on major purchases, like a new car or furniture. As refunds are drawing closer, does your dealership have a strategy to increase dealership sales this tax season? Continued on page 24. 22 — Independent Dealer — February 2019
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Turn Tax Refunds into Down Payments continued from Page 22.
for investing their down payment with your store In other words, you can run smarter ads. In addition to your proactive Facebook ads, ensure all of your reactive paid advertising on Google includes messaging around tax season to create an integrated, cohesive campaign. Remember, while Facebook ads are great for lead generation, Google ads are best for immediate sales. Once a shopper receives their tax refund and types in “Ford Mustang financing options,” your dealership better show up!
Tip #2: Position Your Inventory Ads To Grow Dealership Subprime Business
Subprime audiences are also a major target during tax season. Galpin Motors Inc., #32 on Automotive News’ list of the top 150 dealer groups and #1 in the top 10 average new retail units, has a used-vehicle department that aims solely to sell to subprime customers. Their goal is for subprime to account for 15-20 percent of the dealership’s used-vehicle finance business. Galpin claims that subprime credit provides a good profit margin, and more importantly, “feeds the larger organization with other business such as service work and possible future referrals.”
If you’re listing your pre-owned inventory on Craigslist, you can easily appeal to these shoppers by making your finance options clear in your posts. Include unique subprime messaging on your ads in the title, throughout your vehicle description, and at the bottom of the listing. Next, remember that most Craigslist and subprime car shoppers are going to think in terms of monthly payments (NOT full vehicle price) when considering the affordability of a new car. It’s important to see if your Craigslist provider will break down monthly prices to appeal to these consumers.
In A Nutshell: Smarter Ads Will Help You Increase Dealership Sales This Tax Season
As we approach the peak of the Tax Season, ramp up your digital marketing campaigns with messaging around financing options to target subprime car shoppers. We’ve seen success with: • Facebook targeting by credit score, age, and income brackets • Altering AdWords and PPC campaigns to include Tax Season promos • Including unique messaging in Craigslist ads to appeal to Subprime customers and increase Subprime sales
Source: Spireon
Brooke Jensen is the CMO at Dealers United, an online marketplace consisting of over 6,000+ dealers located nationwide. We want to help dealers save time, cut costs, and sell more cars. Find out more at www.dealersunited.com 24 — Independent Dealer — February 2019
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December 2018 — Independent Dealer — 25
D E A L E R O P E R AT I O N S
Are Your 2019 Goals at Risk Already? BY KENNY ATCHESON
New customer acquistion is expensive, so consider putting your resources towards keeping happy customers who keep coming back.
F
lorida gyms are packed in January; then half empty in February. Individuals struggle to achieve their goals and so do organizations— sometimes for different reasons. Near the end of this article, you’ll find details about how salespeople can work a better plan to achieve sales goals. First, enjoy part of a transcription of an interview I conducted with Jim Jackson—a premier expert on achieving goals. For more than 30 years, Jim has worked as a performance coach to leaders, business owners, and sports teams— both professional and college. He is a renowned motivational expert who inspires people to take risks which enables them to outperform their own expectations. Jim recently concluded his five-year tenure as President of Oak Motors; he has returned to coaching leaders at a variety of organizations and speaking at events. “I’m back,” he said—ala Michael Jordan when he issued a two-word press release that rocked the world when he came out of retirement in 1995. Kenny: Jim, what are three reasons organizations and individuals fail to achieve their goals? Jim: An interesting question that people ask me all the time, and one of the things that I commonly ask back is, “Do you know the reasons why successful people do achieve their goals? Do you 26 — Independent Dealer — February 2019
know why successful athletes achieve their goals? Do you know why successful companies achieve their goals?”
And the third thing is choice—we all make choices along the way. What is it that causes people not to accomplish their goals? Self-talk, the way they’re written, the choices that they make.
The number one reason is their selftalk—this conversation that they have within their organization or within their Choices Leaders Make own head that’s going on all the time. You Jim’s third reason that people and know, great leaders have great self-talk, organizations fail to achieve goals is great athletes have great self-talk, and that because of their choices. conversation is constantly determining where and how we move forward. And In January 2019 I conducted a sales probably the number one reason why people don’t accomplish their goals During consultations, I often unearth is that their something a dealer had in place that self-talk is used to work well. The dealer stopped constantly telling doing it, but not because it stopped themselves, I working... never achieve my goals, it’s training with a buy-here pay-here hard for me to achieve my goals—I’ve been dealer’s team. We discussed choices trying to lose weight for 20 years, or trying made by the sales team. They often to lower my golf score forever, or trying to want to know the secret to selling four sell so many units and I’ve never been able or 50 cars per month. to do that. So they set out with good intentions to write some goals, which is the number two reason why people don’t achieve their goals—it’s the way they write their goals. They write out goals, and hopefully they start out— here we are at the first of the year—We’ll give it a shot, but I know they never work. Again, listen to that self-talk which is negative and causing you to have doubts that you’re going to achieve your goal. But the way they’re written causes people to move toward what they think about.
A “secret” I shared with them is one I observed from top producers in other trainings and dealer site visits; it can be summed up in a brief conversation I had with one of them, as follows... A couple of years ago I spoke to a salesperson who sold 40+ vehicles per month at a location where the other five salespeople averaged about 10 sales per month. I asked him what
Continued on page 31. www.fiada.com
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WAKE UP! First Coast Don’t miss the next FIADA Town Hall coming to your area! Dear Fellow Car D
ealers,
to Dealer Independent Au an am I d an el Jo Industry My name is Brad President of your e th so al am I a. Dealers in South Florid ndent Automobile pe de In a rid lo (F A Association, FIAD . n) FIADA Associatio invite you to our I want to formally pril 12 in all Meeting, on A Quarterly Town H never been tine. If you have historic St. Augus out. At g, you’re missing tin ee m ll ha n w to to a s, board e have key vendor each meeting w dealers her independent members and ot ving a ork with while ha tw ne n ca u yo m who es. r sponsor provid e free lunch that ou we most often se It’s a funny thing, mpeting over ction. We are co au an e another. at r he ot each to get to know on e tim e th ke ta you om is meeting where vehicles and seld th nd te at to ity portun face similar Please take this op me industry and sa e th in l al e ar t how they will see that we oud to talk abou pr e ar ho w y an tell m eration. I have to issues. I have met op r ei th in on es that go u don’t know know everything ith the FIADA, yo w g in at ip ic rt pa stry. you, if you’re not ing on in our indu go is ast. t ha w t ou en to the First Co much ab be ve ha e w e nc le si forward to It has been a whi to attend. I look ity un rt po op is th . You will Please don’t miss aside and attend te da e th t se se to Plea site at FIADA.com seeing you there. eb w r ou t si vi se did. Plea be glad that you t us. learn more abou
FRIDAY
APRIL 12 10AM-2PM at the
DoubleTree
by Hilton ST. AUGUSTINE HISTORIC DISTRICT
s, Warmest Regard
Brad Joel President, FIADA 28 — Independent Dealer — February 2019
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Tampa
March 1, 2019 and April 5, 2019
Jacksonville March 6, 2019
Orlando
March 8, 2019
Tallahassee
March 11, 2019
Oakland Park March 18, 2019
Reigster: By Phone 800.237.0448 Online @ FIADA.com www.fiada.com
February 2019 — Independent Dealer — 29
INDUSTRY NEWS Used Vehicle Price Index Slips for Fourth Consecutive Month, J.D. Power Finds In the January 2019 Used Car and Light Truck Guidelines Industry Update, analysts at J.D. Power Valuation Services note that the used vehicle market, typical for the period, declined again in December, marking the fourth consecutive month of declines. As a result, the Seasonally Adjusted Used Vehicle Price Index declined by 0.4 point, relative to November, to 119.6. Highlights from the free monthly report point out: • Wholesale Prices Decline in December. Prices down by an average of 2.2% • Used Vehicle Price Index Down. Index falls to 119.6 • New Vehicle Sales Increase in 2018. New vehicle sales reach
News and headlines of interest to the Florida Used Car Industry and beyond
5 Tips to Maximize Shopper Engagement and Increase Sales Carfax Shares Small but Effective Ways to Engage Customers
17.22M units • Incentive Spending Declines. Incentives decrease by 3.6% to $4,278 per unit "On an annual basis, prices for mainstream passenger car segments were the strongest, with one of the primary drivers being the increase in used SUV supply," said David Paris, Executive Analyst at J.D. Power Valuation Services. "Despite these increases in supply, there was still healthy demand for SUVs which helped keep the segment price movement positive." Download the free January 2019 Used Car and Light Truck Guidelines Industry Update at https://cdn2.hubspot. net/hubfs/4239280/ Valuation%20 Services/01.2019_Used%20 Car%20and%20Light%20 Truck_Guidelines.pdf.
Remember that buyers trust other buyers. Use your “Seller Description” to build trust by including a recent consumer testimonial. Respond in kind. Respect the method in which the shopper contacted you. For example, when they email you, you should respond by email. Ask, ask, and ask again. Online shoppers have done their research and are ready to buy, yet eight out of ten who shop cars online don’t contact the dealer. When a consumer contacts you, ask “How did you hear about us?” so that you can use this information to reach others. Let the buyer lead. Today’s buyers know what they want and what they should pay. Allow the customer to decide what to do next and when. The end is just the beginning. Don’t forget about service after the sale. Providing a good buying experience helps build trust and creates the opportunity to turn a one-time sale into a lifetime partnership via your service shop. On average, consumers visit less than two dealerships prior to purchasing a vehicle. Ensure that you are making the most of your interactions and turning shoppers into buyers. Source: Carfax.com
Registration is now open for Digital Dealer 26! Digital Dealer will be back in Orlando, April 9-11 at the Orange County Convention Center. Go online to https://www.digitaldealer.com/conference/ attendee/register/ to register now. Use code EIRFFIADA100 to get $200 off registration. 30 — Independent Dealer — February 2019
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Are Your Goals at Risk? continued from Page 26.
his “secret” is. He said, “Look over there” and pointed to all of the other salespeople huddling in the corner talking about last night’s baseball game. He said, “I am talking to potential customers and past customers all day long while they talk to each other.” This is a simple explanation that salespeople don’t often want to hear. It’s hard to except that it’s their choices and effort that make the most difference, not some magical secret. This is why I follow up that part of the sales training with a worksheet and workable plan that we go over together to reverse engineer how many leads the salesperson has to work each day to achieve their income goal.
Heads of organizations serious about their goals should make the choice to: 1. Create a workable plan. 2. Get the right people/systems/ resources in place that are necessary to achieve desired outcomes. 3. Do something different. Step outside the box if you have to. A workable plan is more than simply writing down goals. Each goal should include a pathway to achieve that goal. The plan should include a blueprint that includes allotted time, people needed, and systems needed. If your goal is to sell 20 more units— what is your plan to do that? Goals can’t be vague such as work harder
in 2019. Can you sell 20 more units with the same systems and people in place today? Do you need another team member? Or do you need to hire outside your company? When a business is fueled by people attempting to perform critical tasks that are outside of their expertise, the owner and staff are unlikely to reach their goals. Your plan should not only include the right people—you need systems, training, and resources front and center in that plan. In order to achieve more in 2019, do something different than you did in 2018.
Kenny Atcheson is the founder of Dealer Profit Pros and author of Marketing Battleground: How to Deploy Under-the-Radar Strategies to Explode Your Profits. Kenny offers private consulting and he teaches workshops and speaks at conventions and 20 Groups. His company offers several marketing and advertising programs which include Private Consulting, a Referral Results Training Program, a Newsletter Program, a Feedback & Review & Complaint Management System, Google Pay-Per-Click Management, Facebook Pay-Per-Click Management, Direct Mail Campaigns, Copywriting, and more. His website can be found at www.DealerProfitPros.com
2018-19 FIADA EXECUTIVE COMMITTEE:
BRAD JOEL
President Splish Splash Auto Sales Princeton, FL 33032 (305) 258-1191
Senior Vice President Palm Tree Auto Sales Stuart, FL (772) 288-2099
LISA COMPAGNO
SCOTT LANIER, CMD
LUIS GIRALDO
BRANDI NOEGEL
STEVE MARBAIS, CMD
Regional Vice President Veneauto Cars Gainesville, FL (352) 870-2278
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Regional Vice President Noegel’s Auto Sales Starke, FL (904) 964-6461
Chairman of the Board Credit Cars Orlando, FL 32808 (407) 295-6211
Regional Vice President Marbais Enterprises, Inc. Ocoee, FL (407) 877-7422
FRANK FUZY
JENAY RHOADS
Secretary Treasurer Century Motors of S. Fla., Inc. Florida Auto Exchange Co., Inc Pompano Beach, FL 33064 Dunedin, FL (954) 785-0369 (727)-796-2886
TREVER VARNEY
Regional Vice President Next Ride LLC Largo, FL (727) 559-1191
JIM WINTERICK, SR.
Regional Vice President Gulfstream Motor Credit Miami, FL (305) 253-2335
February 2019 — 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
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
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Salvage Sale Thurs 11 AM
32 — Independent Dealer — February 2019
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