February 2013 Independent Dealer Magazine Issue by FIADA

SINCE 1940

February 2013

www.FIADA.com

A Publication of the Florida Independent Automobile Dealers Association

Information and Insight for Florida Used Car Dealers

Follow the process of how FIADA’s Surrender Stop bill may make it to law this session.

FULTON, MO PERMIT NO. 38

PA I D PRST STD U.S. POSTAGE

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February 2013 — Independent Dealer — 1

The Florida Independent Automobile Dealers Association has launched a new program to help introduce dealers to FIADA. The “Members Vendors Partners” program or MVP is your way help strengthen the Association. As a valued FIADA member, we would like to invite you to participate in this program and become an MVP. When a new member signs up with your name as sponsor on their application, you will receive $50.00. In addition, you are eligible for membership recruitment awards and recognition from both the FIADA and nationally with the National Independent Automobile Dealers Association (NIADA). This is a valuable opportunity to reach dealers who may not have heard of FIADA before. By meeting dealers who are nearby, at the auction or you cross paths with in your daily routine, you have an opportunity to share FIADA benefits with these prospective FIADA members as well as relay your personal experience with the Association. FIADA is ready to coach you to victory. We have assembled a MVP playbook complete with recruiting tools, membership applications and all the things you will need to sign a new member. To participate, and receive your $50 bonus, please go online and sign our roster so we know you are an official member of our team. Together we can make the industry stronger. Become an MVP today!

Get your membership tools online at

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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 Christopher Leedom President Dino Mercurio Senior Vice President Brandi Noegel Chairman of the Board

Contents February 2013

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 Christopher Leedom

Executive Director’s Message Lisette Mariner

Membership News New, Renewing and Rejoining Members

Logged On Information is always at your fingertips with FIADA’s online Resource Library.

Leadership Profile: Jim Winterick, Sr., Regional Vice President The FIADA Executive Committee members are dealers just like you who want to give back to the Association. Learn their story and how they want to help you.

2013 Legislative Preview Follow FIADA’s proposed Surrender Stop Legislation as it moves from bill into law. Understand the process and find ways you can help.

What to Say to Legislators FIADA Lobbyist Sandra Mortham overviews talking points about the Surrender Stop legislation you can use to educate your legislators.

POSTMASTER:

Legislator Spotlight: Sen. Kelli Stargel and Rep. Pat Rooney With Sen. Stargel’s help in the Senate and Rep. Rooney’s in the House, FIADA’s Surrender Stop legislation has some great support.

FIADA • 1840 Fiddler Court Tallahassee, FL 32308 (850) 385-2712 • Toll Free: (800) 237-0448 Fax (850) 385-3251 • www.FIADA.com

The Importance of a PAC Fund Understand what a Political Action Committee is and does, and how you contribution can help create legislative awareness for FIADA.

The Independent Dealer is a publication of: Florida Independent Automobile Dealers Association, 1840 Fiddler Court, Tallahassee, FL 32308

April Dealer Training and Town Hall Meeting Invitation

Back to Basics Terry Myers

Legal Round-Up Attorneys Thomas B. Hudson and Nicole Frush Munro update dealers on important federal news and ongoing litigation of importance to dealers.

Mark Your Calendar for FIADA Upcoming Events

Industry News

David Cox, CMD Secretary Paul Matton Treasurer Frank Fuzy Regional Vice President George Hickey Regional Vice President Steve Marbais, CMD Regional Vice President Jim Winterick, Sr. Regional Vice President Jim Winterick, Jr. Regional Vice President FIADA STAFF Lisette Mariner Executive Director Terry Myers Educational Instructor Sarah Langley Administrative Director Nicole Lee Development Administrator Amelia Tillman Administrative Assistant Christy Taylor Editorial/Advertising

Send address changes to

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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February 2013 — Independent Dealer — 3

FROM THE PRESIDENT

It is Great to be in the Sunshine State! BY CHRISTOPHER LEEDOM, FIADA PRESIDENT

elcome to another installment of Independent Dealer magazine. This month’s edition is dedicated to legislative developments and issues. When we think of the legislative landscape I believe we as dealers are very fortunate to live and do business in the Sunshine State! Why you ask? Well first of all FIADA has a very good dialogue with our legislators in both houses in Tallahassee. For years the FIADA has been at the forefront of key legislative issues that may potentially impact our industry. You may not know it but our members have been active and have even chaired committees that worked closely with the Department of Motor Vehicles and other agencies to help shape legislation that made sense. From curb stoning laws to the more recent developments on repo-stop issues FIADA has had a recognized voice and presence in our state capital. We also maintain a strong lobbying effort with Sandra Mortham, a proven advocate for our industry. Over the past several years, when compared to other states around the country, Florida stands out as a “nononsense,” practical environment to do business. We have a body of laws and regulations that insure consumers are treated fairly and are protected yet these regulations do not impede business and provide a backdrop for how to do things right that the vast majority of dealers follow. Florida has a robust used car market on both the wholesale and retail level. Last time I checked we have over 30 auctions in our great state that facilitate thousands of wholesale transactions. We also have a very strong retail environment where thousands of dealers handle millions of sales and service transaction for consumers with very low incidences of complaint.

4 — Independent Dealer — February 2013

But all of this does not just “happen.” It takes a strong presence in Tallahassee to insure this environment continues and improves. This takes money. The FIADA PAC is responsible for funding these efforts and shaping our political efforts. The PAC fund is supported by our membership. Every penny raised goes to support legislative efforts. These funds are used to support representatives in the House and Senate that will champion our cause. I strongly encourage you to donate to the PAC fund. Each year a form is mailed to your dealership to encourage your contribution. There is also one on page 20 of this issue, or you can visit www.fiada. com to donate online. Please support the PAC with $25, $250 or more today. If you missed our recent town hall meeting in Sarasota you should definitely make plans to attend the next one that will be held in West Palm Beach April 19th, 2013. We had 80 registrants for the Sarasota meeting and our program focused on lenders. I spoke with several dealers that signed up with lenders or for other programs at the event. Our program in April will address health insurance and other issues we face as small business owners so make sure you sign up to attend the event. It will be at the Embassy Suites Palm Beach Gardens, 4350 PGA Boulevard, Palm Beach Gardens. I look forward to seeing you there! Enjoy the information packed into our legislative issue, donate to the PAC and have a great month! Christopher Leedom, FIADA President

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August 2012 — Independent Dealer — 5 October2013 2012 — — Independent Independent Dealer Dealer — — 55 February

EXECUTIVE DIREC TOR’S MESSAGE

I’m Just a Bill…Sitting Here on Capitol Hill BY LISET TE MARINER, EXECUTIVE DIREC TOR

emember School House Rock “I’m Just a Bill”? We all learned in grade school the many steps for a bill to become law. First there’s an idea, it’s introduced by a member of the House or Senate. It is referred to a committee by the House Speaker or the Senate President. The committee considers the bill. The Committee reports the bill to the members of the House or Senate. It is read a first time, amended, and then read a second time. It is read a third time, members’ debate and then vote on the bill. If passed the bill is sent to the second chamber where the process repeats, with the Speaker or the President; the committee and action by the House or Senate. If it passes, the bill is signed into law or vetoed by the Governor. The Legislature may vote to override the veto, and the bill becomes law without the Governor’s approval. This process can be arduous.

determined that because the statute read “may” that it meant the surrender stops would not have to be enforced. Our bill changes “may” to “shall’ which requires the department to enforce the statute and allows dealers to place a stop on registrations in repossession cases. It also corrects the concern of having no remedy for cure, which was the issue that brought on the lawsuit. We’ve got two great sponsors in Representative Rooney and Senator Kelli Stargel. Stay tuned as we move through the process of a bill becoming law. While we wade through the legislative process, there are several ways that you can help today. One you can contribute to the FIADA PAC fund. Your contributions to the PAC help to elect great advocates of the industry. Two you can talk to your legislator and ask them to support this legislation. Your voice counts and together we will make a difference. Three you can talk to your colleagues

In Florida, the 2013 Legislative Session is scheduled to begin March 5, 2013. Committees begin meeting generally in November. With 44 new members of the House and 15 new members of the Senate, Committees were being developed and off to a While we wade through the legislative process, late start. As these new legislators there are several ways that you can help today: learn the ropes, Session seems to be moving along slowly this year. Many contribute to the FIADA PAC fund, talk to your bills have been stuck in bill drafting. legislator and talk to your colleagues. Representative Rooney was the first to file the bill to require the Department of Motorist Services to enforce the surrender stop statute. and let them know what’s happening. If they aren’t a The bill we have proposed is merely what they call a “glitch member of FIADA they probably aren’t aware of the bill”. It corrects something already in statute. issue. As you remember, in September the Department was hit with a lawsuit. The lawsuit claimed that the current version of Section 320.1316 fails to contain a procedural mechanism through which an aggrieved registered owner can dispute a demand for surrender. The department’s legal department 6 — Independent Dealer — February 2013

We look forward to your continued support! As always we appreciate your feedback. Let us know what you think. Visit www.fiada.com or call 800237-0448. www.fiada.com

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MEMBERSHIP NEWS

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Under 10 Year Members Autoflex LLC Gainesville, FL Car Buying Service of Jacksonville Keystone Heights, FL Celebrity Auto Group Sarasota, FL Center State Auto Sales, Inc. Kissimmee, FL Coral Group, LLC Miami, FL Dealer Services Corporation Carmel, IN Dealership Capital Partners, Inc. Macon, GA Diamond II Auto Sales, Inc. Orlando, FL Dorman’ Auto Sales, Inc. Lake Wales, FL Florida Auto Auction Properties dba ABC Orlando Longwood, FL Florida Autosport, Inc. Tallahassee, FL GO Financial Phoenix,AZ Instant Wheels Used Cars Jacksonville, FL KPM Auto Exports, Inc. Lake Park, FL Millenia Motors, Inc. Longwood, FL Paradise Motors Bradenton, FL SmartAuction Troy, MI

Give the Gift of Membership! Sponsor the membership for a fellow dealer by paying for their first year of dues. Call the office at (800) 237-0448 and find out how you can give the gift of membership. www.fiada.com

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February 2013 — Independent Dealer — 9

LO G G E D O N

Resources At Your Fingertips

ne of the benefits of FIADA membership is access to resources and advice to help you run your business. You can find information on virtually any topic of importance to independent dealers at www.FIADA.com in the Resource Library. In the online library, members can download the dealer training school manual, repossession manual, registration “stop” forms, templates to develop red flags rule policies, safeguards rule guidelines, sales tax information, information regarding DMV issues and more. Here is a complete index of what is available: Adverse Action Notices, Final Rules and Forms for Risk-Based Pricing and Adverse Action Notices Audit Technique Guide, IRS Retail Industry Audit Technique Guide Curbstoning, How to File a Written Complaint Dealer Fees, Senate Report on Dealer Fees Dealer Training School Manual / Dealer Sourcebook Dealer’s Guide to the Used Car Rule DMV Information, DMV Links, Manuals, Information Link Gramm-Leach-Bliley, How to Comply With the GrammLeach-Bliley Act Office of Foreign Asset Control (OFAC), OFAC Guide Privacy Notices Red Flags Rule, Red Flags Rule Guidelines Link Repossession Information Link Risk-Based Pricing Safeguards Rule, Compliance With the Federal Trade Commission’s Safeguards Rule Sales Tax Information Tag & Title Issues Dealer Plates - Allowable Uses Lienholder “Stop” Procedure Forms 82192: Notice to Surrender Motor Vehicle 82191: Notice or Discharge... FIADA White Paper: Impact -Tag/Title Fee Increases USA Patriot Act, Dealership’s Compliance with USA Patriot Act

1. Log-in to www.FIADA.com and find the Resources Tab. 2. Drop down to Resource Library. 3. Click on any highlighted link to access the document, additional links or other valuable assets to help you find what you need.

In addition to all of those resources, FIADA guides and texts, the Resources tab at www.FIADA.com has a useful collection of web links that will take you directly to the source for agencies like the Federal Trade Commission, Florida Department of Revenue and the Florida Statutes. These are also targeted links which take you to the exact points on these external websites to find the information you are looking for.

10 2012 10— —Independent IndependentDealer Dealer— —December February 2013

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LEADERSHIP PROFILE

he FIADA Executive Committee is always a unique mix of dealers with different backgrounds, business models, leadership styles and experience. Even though their demographics may differ, they all have at least one thing in common: bringing value to FIADA members. Get to know this group better with a few questions and answers into their philosophies, outlooks and vision for the future.

Regional Vice President: Jim Winterick, Sr. Gulfstream Motor Credit What is your history with the auto business? I started selling Chevrolets in Chicago in 1972 and moved to Miami in 1981 to take a position as a Used Car Manager at a mega-dealership. I had worked my way up to General Manager and the guy who owned the dealership sold it. I stayed on for another year-and-a-half, but left to open up my own franchise dealership. Instead, I started Gulfstream Motor Credit, a Buy Here, Pay Here business, in January 1992. Can you share your best advice for making it in this business? Treating customers the way you want to be treated, and treating your employees the same way. I believe you can’t have happy customers without happy employees, and you can’t have happy employees without happy customers. It’s a marriage that needs to go together. If you do that, do not be undercapitalized, offer a good product and stand behind it you will be fine. You have to remember your reputation is always on the line. 12 — Independent Dealer — February 2013

What is the best part about being an independent dealer? I like helping people. For me, the greatest thrill is helping the people who work with me get to where they want to go in life, helping my customers be able to fulfill their lives, and helping other dealers to live their dream. I get a lot of satisfaction from helping people like that. When did you become a FIADA member, and why did you join? I went into the BHPH from a new car franchise so I didn’t know anything about it. Someone recommended Cybernetic Computers to me because they were in Palm Beach and I was in Miami and if I needed help or anything they would be right there to help. So, one day I was talking with the owner, Ed Lamb, and I asked if there was anybody offering classes where I could get some training and understand this a little better. He of course told me I needed to join FIADA. I joined, and another dealer in my area, Tommy Kay, called one day and welcomed me to the

Jim Winterick, Sr. has held several FIADA and NIADA leadership positions including FIADA President and Chair of the NIADA Legal, Legislative and Regulatory Committee . Association and invited me to attend a Board Meeting in Daytona. I went and I have been to just about every Board Meeting since then. I went to the Board Meeting because it was of interest to me to be with other people who were in a similar business as me. There are a lot of very successful dealers in FIADA and they range from Buy Here, Pay Here to retail to wholesalers; there are so many people with varied interests in there and I wanted to learn as much about it all as I could. What are some benefits to being an FIADA member? Of course the camaraderie, and the legal and legislative interests of the Association. The meeting and greeting, idea-sharing, and the convention where you can meet with vendors and other dealers is so www.fiada.com

Do you feel that being a member of FIADA has contributed to your success? If so, how? The sharing of knowledge with other dealers, and keeping abreast of legal, legislative and regulatory requirements you have to meet as a dealer is huge. The way FIADA gives advice on the best way to do that is invaluable. There is probably no other source in the state that you can get all that information from. What do you hope the Association can accomplish this year? Legal and legislative awareness of course are at the top. I would like to see our membership over 1,000. A larger membership really lends credence to what we are doing legislatively. We have to take care of

ourselves by banding together and doing the right thing. Who is going to take care of used car dealers, except us, the used car dealers. We aren’t the pariah of the auto business; we make it possible for low income and middle

income people who need a car to get to work, see their friends, go to the grocery store or whatever. We make the American Dream happen of being able to go where you want, when you want and with who you want.

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2013 LEGI S L AT I VE P R EVI E W

t was a real legislative victory for the automobile industry when Florida passed Statute Section 320.1316 in 2009. On a recommendation from the Automobile Lenders Industry Task Force, a legislativelycreated group who were given the responsibility of investigating problems within the industry, Florida Statute Section 320.1316 was passed with the purpose of giving lien holders an avenue to recover vehicles without court intervention.

Technically, the Florida Statute Section 320.02(17) currently states that if a registration applicant’s name appears on the surrender stop list, DMV may withhold the renewal, registration or replacement registration of any motor vehicle owned by the applicant. Again, since the statute reads “may withhold” instead of “must withhold” the DMV’s interpretation is that enforcement of the registration stops are voluntary and not required, and to be on the safe side while the lawsuit makes it Follow FIADA’s Surrender Stop legislation through the courts, they have chosen not to enforce on its way toward becoming a law. the stops.

Under the Statute, lien holders were given the ability to notify the Department of Motor Vehicles (DMV) when a registered owner refused to comply with a surrender demand. The notification would result in the driver’s name placed on a “Surrender Stop” list that would not allow the driver to be issued license plates or vehicle registrations until the vehicle was recovered or the lien holder removed their name from the list.

In September 2012, the DMV stopped enforcing F.S. 320.1316 after legal action was taken by a vehicle’s registered owner who filed suit against the Department claiming the statute did not contain a procedure for the registered owner to dispute a demand for surrender. On the advice of the Departments legal staff the DMV decided that given the current litigation filed against them and because the Statute’s language contained the word “may” and not “shall” that it was in their legal best interest to stop enforcement. There were a reported 21,000 active surrender stops in place at the time of this decision. 14 — Independent Dealer — February 2013

The Surrender Stop provision is a very useful and helpful piece of legislation as it not only gives lienholders a way to recover their vehicles but also limits the number of court actions file to recover concealed or hidden collateral. Yet, without enforcement it is not effective.

While FIADA understands the DMV would prefer not to be the messenger between the lien holders and registered owners the law gives them a way to protect their collateral and essentially the viability of their business. On behalf of Florida’s lien holders, especially the independent dealers, the FIADA’s solution to the problem is to advocate for an amendment to Section 320:1316 that would ensure both the rights of the lien holder and those of the registered owner by: www.fiada.com

1. Requiring the form submitted to DMV by the lien holder as true and accurate under oath by the lien holder or their authorized representative; 2. Allowing registered owners the chance to challenge the registration stop in the circuit court and recover their reasonable attorney’s fees and costs if victorious; and 3. Revising Section 320.02(17) to require DMV stop issuing license plates, revalidation stickers or replacement license plates for anyone whose name appears on the list until their name is removed or they are ordered by a court. FIADA believes this legislation solution will eliminate any burden on the DMV in resolving future disputes between registered owners and lien holders while at the same time securing the protections intended in the 2009 legislation. It will also limit the number of court actions filed by lien holders to recover hidden vehicles. The 2013 Session of the Florida Legislature officially begins on March 5, but already Tallahassee is buzzing as committees are meeting and bills are being introduced. The FIADA, under the watchful guidance and efforts

www.fiada.com

of Lobbyist Sandra Mortham, has secured a sponsor for the Association’s proposed legislation in both houses. Sen. Kelli Stargel will sponsor in the Florida Senate and Rep. Pat Rooney will sponsor in the Florida House of Representatives. Even though this is a great start, in order for the bill to become law FIADA members will need to become part of the process. At every step the bill takes on its journey into law, dealers and members will need to show their support by contacting legislators and telling them why passing it is so important. Though it may seem intimidating, this process of legislative input is really the right and responsibility of every citizen. Lawmakers make their decisions on behalf of the people they represent and without hearing from their constituents they cannot do their jobs in the way the constitution intended them to. The automobile industry is complex and multi-faceted and without the insight and expert opinion of all Florida dealers it will be difficult for Legislators to see the true impact of their decisions. To help you reach out to your senator and representative, the FIADA has put together this guide of legislative resources to not only inform you, but also encourage you to help the Association gain a legislative victory, scoring one for the independent dealers.

February 2013 — Independent Dealer — 15

2013 LEGISLATIVE PREVIEW continued from Page 15.

What to Say to Legislators If the Surrender Stop legislation is going to make it to law, it will need your help. Here are some talking points to use when contacting your Legislator. By Sandra Mortham, FIADA lobbyist

pproaching an elected official created the Automobile Lenders can be intimidating, but Industry Task Force within the the fact is your Department of Highway legislators want to have Safety and Motor Vehicles communication with you. (department) to investigate They appreciate hearing problems within the from their constituents and industry. In 2009, the understanding how their Florida Legislature enacted decisions will impact the Florida Statute Section people they serve. Whether 320.1316 based upon a it is by phone, face-to-face recommendation from or by email, here are some the Automobile Lenders MORTHAM basic facts and talking Industry Task Force. points about the proposed Surrender Stop legislation that you can The purpose of the statute was to use to educate your Legislator about facilitate the recovery of vehicles the importance of its passage. by lien holders without court intervention by authorizing lien During the 2008 Session, the holders to furnish notification to Legislature passed SB 1992, which the Department when a demand for

surrender of the vehicle or vessel is made and the registered owner refuses to comply. In September 2012, the Department stopped enforcement of F.S. 320.1316 due to pending legal action. At that time the Department reported 21,000 Surrender Stops in place and had handled only a handful of disputes relating to Surrender Stop challenges. The Department’s legal staff determined that because the current language included “may” and not “shall”, the Department could stop enforcement. The continuation of the Surrender Stop will limit the number of court actions that are filed by lien holders in order to recover vehicles that are being concealed or hidden. Because of the Surrender Stop, lien holders could forego filing court actions to recover these vehicles because the vehicles would not be able to be re-registered. As a result, lien holders could wait out those persons that were concealing vehicles. Since these protections have

How to talk to your legislator Your goal is to develop a relationship with your legislator(s) as well as to educate them and influence their position on the specific issues that are important to you. Here are a few tips to help you do that: Research Your Legislator: Know who your legislator is, and find out what committees he/she serves on. This information can easily be found online at www.flsenate.gov or www.myfloridahouse.gov. Share Your Story: If it helps to make your point, share how this legislation will specifically affect your business. Remember to use as little industry talk and jargon as possible, so the legislator can understand exactly what you are saying. Legislators find it very helpful to understand the impact their decisions will have on the voters in their district. Know Your Issue: In this instance, feel free to use the talking points on page 16-17 to learn the facts and figures of the Surrender Stop issue. Let your legislator know that you are there to be a resource on this issue and to offer any additional insight you can. Be Respectful: Do not debate with a legislator over the topic you are discussing or demand support for your position by threatening not to vote for him or her in the next election. All causes are good causes to someone; you must show your legislator what is important about yours. Be a good listener and hear what your legislator has to say on the issue. Say Thank You: If meeting with the legislator or speaking with them personally on the phone, be sure to thank them for their time. Follow up with a written thank you and present your main points one more time. 16 — Independent Dealer — February 2013

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FIADA’s proposed changes to Sections 320.136 and 320.02 are designed to provide registered owners of vehicles with recourse in the event that they feel aggrieved by the Surrender Stop while simultaneously eliminating any burdens on the Department and protecting lien holder rights that are currently in existence.

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The system proposed by FIADA is very similar to that through which

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been halted, lien holders have no recourse but to file judicial actions to recover these vehicles and cause an immediate increase in the number of suits being handled by an already overburdened court system. If the new law is passed, courts would only potentially receive actions from the handful of aggrieved individuals challenging the Surrender Stop.

2013 LEGISLATIVE PREVIEW continued from Page 17.

Stargel and Rooney: Our Featured Legislators Senator Kelli Stargel and Representative Pat Rooney are the sponsors of FIADA’s proposed Surrender Stop language in the Senate and the House.

good relationship with a Legislator is something all Associations, organizations and civic leaders dream of. FIADA has worked hard to develop a respectful presence in Tallahassee and has been fortuante to befriend many Senators and Representatives in that time. In order for the FIADA Surrender Stop legislation to even be considered in the Legislature it must have a Senator and a Representative sponsor. The Association is pleased and honored that Senator Kelli Stargel and Representative Pat Rooney have agreed to sponsor the proposed legislation and follow its path through their respective houses. Here is a look at the biography of the Senator and Representative and their career accomplishments.

Senator Kelli Stargel, District 15 (Consists of parts of Orange, Osceola and Polk)

representative patrick rooney, jr., District 85 (Palm Beach)

Senator Stargel is a sixth generation Floridian who grew up shrimping and fishing in Hillsborough County, between the Howard Frankland and the causeway on Tampa Bay. As an adult, Sen. Stargel became very involved in the Republican Party in Lakeland, where she and husband John settled with their five children. She was instrumental in helping John win an election to the State House in 2002 and also served as President of the Republican Women’s Club. In 2008, Sen. Stargel ran for office herself and was elected to the Florida House of Representatives after winning a three-way primary with 52% of the vote. Sen. Stargel represented District 64 in the house until she ran for a Senate seat and was elected in 2012.

Representative Pat Rooney is a successful businessman and a respected community leader in Palm Beach County. He is the Managing Director and President for Rooney’s Public House and Rooney’s All In Sports Bar as well as President of the Palm Beach Kennel Club. He served as Governing Board Member for South Florida Water Management District and Director and Co-Chair for the not-for-profit Rooney’s Golf Foundation, Inc. which raises money for local charities through various annual events.

Her work through the years earned Sen. Stargel an appointment to the USF Department of Education Advisory Board and an appointment by Florida Speaker Marco Rubio to the Commission on Marriage and Family Support Initiatives. She also serves on the American Legislative Exchange Education Task Force. Sen. Stargel’s current Senate Committee Assignments include Chair of the Regulated Industries Committee and a member of the Commerce and Tourism, Community Affairs, and Education Committees and the Appropriations Subcommittee on General Government and Appropriations Subcommittee on Transportation. She is also assigned to the Joint Committee on Public Counsel Oversight. 18 — Independent Dealer — February 2013

Last November, Rep. Rooney was elected to the Florida House of Representatives for District 85. He currently serves on six committees in the Florida House including: Agriculture and Natural Resources Appropriates Subcommittee, Finance and Tax Committee, Health and Human Services Quality Subcommittee, K-20 Innovation Subcommittee, Rules and Regulation Subcommittee and the Select Committee on Water Policy. A few of Rep. Rooney’s civic leadership roles include Director for the Autism Project of Palm Beach County and Vice President for Renaissance Learning Academy. He has served as Former Director and Board President of Home Safe of Palm Beach County and the FAU Honors College. Rep. Rooney is a graduate of Clemson University and Villanova University School of Law. He also earned an MBA from Lehigh University. Pat and his wife Patti have four children and live in West Palm Beach where he is an Assistant Coach for his son’s junior pee-wee team. www.fiada.com

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2013 LEGISLATIVE PREVIEW continued from Page 19.

The Importance of a PAC Fund PAC Funds are a legislatively necessity. What are they and why do today’s associations need them?

political action committee (PAC) is a term for a political committee organized for the purpose of raising and spending money to elect and defeat candidates. The majority of PACs represent business industries, labor industries or ideological interests. The history of PACs stretches back to the 1940s when the Congress of Industrial Organizations (CIO) formed a group to raise money for the reelection of President Franklin D. Roosevelt. The ultimate goal for an organization to start a PAC is to promote a favorable political climate for its interests, objectives and overall livelihood. At both the state and federal levels,

legislative regulations can have a tremendous impact on the way a company can do business. A PAC Fund allows them the chance to offer financial support to candidates who they feel will be allies for their industry once elected. Contributions to the PAC are voluntary and are not considered charitable donations. A PAC Fund is a way that an organization can pool its resources and contribute to the political process in an effective, legal and ethical support of candidates and issues that are in agreement with the Association’s views. By making a donation to the PAC Fund, dealers have the chance to effectively support candidates who

can have a positive impact on their profession. Elected officials supported by the PAC may not always agree with the Association on every issue, but they are likely to at least give the voice of independent dealers the attention it requests and deserves. The PAC does not choose to support candidates by party affiliation, but by their voting record and legislative quality. The PAC is less concerned about what party a candidate is a member of and more about whether the candidate will have a positive impact on legislation that affects independent dealers and their businesses. Contributing to the PAC has never been easier as now FIADA members can go online to www.FIADA.com to make a donation and set-up automated payments. You may also use the form below to mail in your contribution and help ensure the political voice of FIADA is heard. The healthier the PAC Fund the more influence FIADA will have in fighting for the issues important to you.

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

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

20 — Independent Dealer — February 2013

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The FIADA hosts quarterly meetings throughout the state. These town hall meetings are held the day before a board meeting and are a wonderful educational opportunity. Don’t miss this great opportunity to network with colleagues and ask your burning questions to the experts. Town Hall Meetings are absolutely FREE.

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February 2013 — Independent Dealer — 23

BACK TO THE BASICS

An Important Update on the Florida Dealer to Non-Florida Dealer Affidavit An email requesting clarification results in an important change to the procedure of verifying a statement from a non-Florida dealer. By TERRY MYERS

here is no such thing as a Florida Dealer to non-Florida Dealer Resale Certificate. Wholesale transactions between dealers are only tax exempt, with proof! Florida dealer to Florida dealer transactions are covered when the Florida dealers exchange (annually) their Florida Resale Certificate DR-13.

What happens when a non-Florida dealer comes to Florida and wishes to purchase from a Florida dealer and take the vehicle back to his/her home state or country? The selling dealer is responsible to collect acceptable proof that the purchasing dealer is actually licensed/authorized to conduct business as a dealer in his/her state or country. One of the dealers I consult with sells motorized RV’s. His client base extends to retail and wholesale. Recently he had an audit and he says the auditor required the ‘Suggested’ Notarized affidavit created by the DOR. Many of his transactions involve nonFlorida dealers who come to Florida on a weekend to acquire their RV for transport back to their home state. It is not always easy to find a Notary on a Saturday or Sunday and the dealer 24 — Independent Dealer — February 2013

cannot notarize anything he/she has financial interest in. This causes an interruption in the sales process as a Notary is found. Understand, this dealer goes out of his way to comply with all requirements. He called me in November asking if the ‘Suggested’ affidavit was mandatory and was there an alternative he could use. Good question. I emailed the question to the DOR. (Remember an earlier article covering how to do this?) I included a suggestion that the Notary requirement be replaced with the PERJURY CLAUSE currently used by so many other government documents. The response came in late January. It is repeated here, in part: Dear Mr. Myers, You state that you are aware that Rule 12A-1.007(6)(b), F.A.C., provides for a suggested affidavit that requires notarization by a Florida notary. You state that because the majority of these transactions happen on Saturdays and Sundays, it is very difficult or the Florida dealer to get a notary to notarize this affidavit. You ask us whether it would be acceptable for the suggested affidavit use a “under

penalties of perjury clause,” instead of requiring notarization by a Florida notary. Florida law provides that the sale of taxable tangible personal property to a nonresident dealer in this state is exempt from tax when the nonresident dealer furnishes to the selling dealer a statement declaring that the tangible personal property being sold will be transported outside Florida by the nonresident dealer for resale and for no other purpose. Section 212.06(5)(b)1, F.S. This statement executed by the nonresident dealer must include, but is not limited to, the following information: 1. The nonresident dealer’s name and address. 2. Evidence of the nonresident dealer’s authority to do business in its home state or county, such as the nonresident dealer’s sales tax registration number, occupational license number, or any other evidence of transacting business in that state or country; 3. The dealer’s passport or visa number and his arrival-departure card number. This requirement only applies to nonresident dealers who are not residents of the United States. 4. The following provision: “Under penalties of perjury I declare that I have read the foregoing, and the facts alleged are true to the best of my knowledge and belief,” and; 5. The signature of the nonresident dealer executing the statement. Hence, the Florida dealer may sell vehicles wholesale to non-Florida dealers exempt from Florida tax, as long as it maintains a copy of the executed statement, as discussed above. There is no requirement for this statement to be notarized. The Department is aware that Rule 12A1.007(6), F.A.C., incorrectly requires a www.fiada.com

notarized statement and has scheduled this rule for revision. It is important to note that this answer is in response to a direct question about this dealership. The DOR has not provided an across the board binding answer. What this does reinforce is that the DOR is ever evolving and does listen to what you have to say, as long as you say it to them. It also reinforces the importance of ‘get it in writing’. Whether you do sales at the million dollar level or the thousand dollar level, help is never more than a call away. MEMBERSHIP = MILLION$$$$. Terry Myers is an instructor for the FIADA Dealer Training School and owner of Florida Auto Dealer School.

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February 2013 — Independent Dealer — 25

LEGAL ROUND-UP

A Look At Current Legal Issues BY Thomas B. Hudson and Nicole Frush Munro, Hudson Cook, LLC

ere is a monthly collection of selected legislative and enforcement highlights, and a recap of some of the many auto sale and financing lawsuits Hudson Cook, LLC follows each month. (Note that this column does not offer legal advice. You should consult your dealership lawyer with any legal questions.)

Federal Law Federal-State Enforcement Cooperation. On December 21, at the request of the Consumer Financial Protection Bureau and in coordination with five state attorneys general, a federal district court entered an order requiring a nationwide debt relief service provider, Payday Loan Debt Solution, Inc., to refund up to $100,000 to consumers who were unlawfully charged advance fees for debt settlement services. This is the CFPB’s first joint action with state attorneys general to enforce consumer financial protection laws. The investigation against PLDS found evidence that the company charged consumers a fee in advance of actually settling their debts, in violation of the Federal Trade Commission’s Telemarketing Sales Rule, the Dodd-Frank Act, and various state laws. In addition to the $100,000 in restitution to consumers who were charged advance fees but who received no debt settlement services from PLDS by the time their accounts were closed, the order requires PLDS to pay a $5,000 civil penalty and prohibits the company from engaging in unlawful conduct in the future. This action didn’t involve car sales or credit – we’re including as an example of how the new Bureau will likely team up with state AGs in connection with future enforcement actions involving car dealers. Federal Used Car Rule. On December 4, the Federal Trade Commission issued a notice of proposed rulemaking soliciting public comment on proposed changes to the Used Car Rule. The FTC previously completed its regulatory review of the Used Car Rule and has concluded that the Rule continues to benefit consumers and will be retained. The FTC now seeks comments, due by February 11, 2013, on potential revisions to the Rule that it says would improve readability and empower consumers without adding burdens to businesses, including: (1) adding a statement to the Used Car Buyers Guide encouraging consumers to seek vehicle history information and directing consumers to an FTC website for more information about vehicle histories; (2) adding a statement in Spanish to the Buyers Guide directing Spanishspeaking consumers to ask for a copy in Spanish, if they desire; (3) adding catalytic converters and airbags to the List of Systems on the back of the Buyers Guide; and (4) placing 26 — Independent Dealer — February 2013

boxes on the back of the Buyers Guide where dealers will have the option to indicate whether (a) the manufacturer’s warranty still applies, (b) the manufacturer’s used vehicle warranty, such as a manufacturer’s certified used car warranty, applies, or (c) some other used vehicle warranty applies. The FTC also invites comments on topics such as the nature and prevalence of deception in Internet used car sales and information the Commission should make available on a new website. In a separate Federal Register notice, the FTC issued a final rule that makes technical corrections and revises the Spanish translation of the Used Car Buyers Guide. FTC Enforcement Action. On December 4, the FTC announced a settlement with a California-based auto loan modification operation – “Hope for Car Owners” – that allegedly made false promises to lower consumers’ monthly car payments and help avoid repossession of their vehicles. The defendants also allegedly collected up-front fees and told consumers to stop making payments to their vehicle-secured creditors, but never obtained the promised loan modifications. The settlement imposes a $362,388 judgment, which will be suspended due to the defendants’ inability to pay. LITIGATION Arbitration Clause that Bars Treble Damages and Attorney’s Fees May Violate Truth in Consumer Contract, Warranty, and Notice Act: An individual bought a used car and a service contract. When the car stopped running, the service contract provider authorized a repair facility to inspect the vehicle. The repair facility determined that the vehicle needed a new engine. The service contract provider initially denied the request to fix the engine on the grounds that the service contract did not provide coverage for the engine because it was covered under the manufacturer’s warranty. The manufacturer denied coverage because the repair facility had taken apart the engine. The individual sued the service contract provider, and the defendants moved to dismiss. The individual claimed, among other things, that inclusion of an arbitration clause in the service contract that barred treble damages and attorney’s fees was unlawful. The U.S. District Court for the District of New Jersey ruled that the arbitration clause could potentially violate the Truth in Consumer Contract, Warranty, and Notice Act, which prohibits contract provisions that violate clearly established rights under federal or state law. Because a successful Consumer Fraud Act claimant is entitled to attorney’s fees and treble damages, the arbitration clause denying such entitlements could constitute a violation of the TCCWNA. Accordingly, the court refused to dismiss that www.fiada.com

claim. What does your arbitration agreement say? See Johnson v. Wynn’s Extended Care, Inc., 2012 U.S. Dist. LEXIS 166527 (D.N.J. November 20, 2012). Deficiency Balance Nondischargeable Where Debtor Made Misrepresentations in Credit Application: An individual bought a car with financing after filling out a credit application and conducting a telephone interview with the finance company. Later, she defaulted, and a deficiency balance remained after sale of the car. The individual filed a Chapter 7 bankruptcy petition, and the finance company sought to have the deficiency balance declared nondischargeable. The finance company later learned that, in order to improve her credit so that she could obtain a small business loan, the debtor had entered into an arrangement with a credit repair business to buy vehicles and transfer the vehicles to the credit repair business. This intention was not disclosed when the debtor applied for credit. In fact, the debtor told the finance company that she was applying for individual credit and that she and her “cousin” would be driving the car. She also allegedly lied about her income on the credit application. The U.S. Bankruptcy Court for the Eastern District of Louisiana found that the deficiency balance was nondischargeable under Section 523(a)(2)(A) of the Bankruptcy Code because the debt was obtained by false pretenses, a false representation, or actual fraud by misrepresenting that only the debtor and her “cousin” would drive the car and by misrepresenting who would pay the debt. See In re Fuller, 2012 Bankr. LEXIS 5526 (Bankr. E.D. La. November 29, 2012). Creditor’s Notice of Intent to Sell Vehicle May Have Failed to Disclose Information Required under California Automobile Sales Finance Act: When an individual defaulted on her car financing, the creditor repossessed the car, notified the individual of its plan to sell the car, resold the car for less than the amount owed, and filed a breach of contract action to recover the deficiency. The individual filed a cross-claim, alleging that the creditor’s notice of its intent to sell the car violated the California Automobile Sales Finance Act. The trial court granted the creditor’s motion to dismiss, but the Court of Appeal of California reversed. The ASFA provides that a consumer will be liable after disposition of a repossessed vehicle only if the notice of intent discloses certain information, including the name and address of the person or office to whom payment may be sent. The individual argued that the notice of intent merely disclosed the address where the third party would have returned the car to her, rather than the address where the third party would have accepted payment of its storage charges and, therefore, was an inadequate disclosure under the ASFA. The appellate court held that whether or not the address was indeed the correct address for acceptance of payment was an issue of fact and remanded this claim to the trial court. See Tucoemas Federal Credit Union v. See, 2012 Cal. App. Unpub. LEXIS 8430 (Cal. App. November 20, 2012). the author of “A Dealer’s Guide to Red Flags Compliance,” a comprehensive resource tool to help auto dealers create and maintain their internal Identity Theft Prevention Programs. His practice focuses on the practical application of a wide range of consumer financial services and dealer laws and regulations to the operational realities of auto dealers, finance companies, technology providers and financial services vendors. Mr. Benoit is a member of the DealerTrack Compliance Council, the National Association of Dealer Counsel, and is a regular speaker at industry events, including the NADA Annual Conference, National Vehicle Leasing Association Annual Conference, and numerous other national programs and private client-funded engagements. He is frequent contributor to a number of trade publications and journals, including Auto Finance News and F&I Management and Technology magazine, and was the principal author of the NADA’s Management Guide to Information Safeguarding. Mr. Benoit can be reached at mbenoit@hudco.com.

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“This new book may be called a ‘guide’ but it’s more likely a ‘bible’ for every dealer, F & I manager, and trainer in the country. A timely and invaluable reference that covers all legal and regulatory touch-points in a dealership’s purchase transaction by a consumer. AFIP’s endorsement confirms that the stable of authors know the ‘rights’ to follow and the ‘wrongs’ to avoid. It is on the recommended list by F&I Magazine.”

Car dealers, boat dealers, RV dealers–all businesses that sell personal property on credit–are subject to a bewildering thicket of federal and state laws and regulations. Responsibility for compliance usually falls on the general manager of the dealership or the manager of the “finance and insurance”, or “F&I” department. Sometimes the person responsible for sales and credit compliance has received some training dealing with these legal issues. But sometimes, the person shoved into the deep end of the pool as the compliance officer doesn’t have a clue what he or she is responsible for, and doesn’t know where to start.

Ed Bobit, Publisher Bobit Business Media

“Ignorance of the law is no excuse. And given the penalties for violating even one of the many legal obligations facing today’s auto dealer, including stiff fines and even imprisonment, a dealer must be well informed to make sound business decisions. There has never been a reference book for auto dealers and their professional advisors ... until now. This book is extremely well written and easy to read. It should be on the desk of every car dealer. It’s on mine.” Adam Goldfein, Host of the Nationally Syndicated Talk Show AutoScoop—The Inside to Car Buying

“If a dealer had to decide between renting an inflatable gorilla for his dealership’s rooftop or purchasing this book for every single sales manager and office manager in the dealership, I hope the dealer would make the business decision that could save him or her thousands of dollars in unnecessary legal fees.... Put the gorilla on hold and insist that every manager read this book and keep it on their desks. I’m making it required reading for every Northwood University Automotive Marketing major.”

Joseph J. Lescota, Chairman Automotive Marketing Department Northwood University

“The F&I Legal Desk Book is the official course text for the AFIP Certification Program. Hudson Cook, LLP, is now the course authority for the applicable state and federal regulations. I can count on one hand the law firms in the United States who could have met our curriculum requirements. The F&I Legal Desk Book will dramatically reduce the time required for candidates to prepare for the 200-question final exam. Hudson Cook, LLP, has made a major contribution to AFIP’s efforts to raise the bar for regulatory compliance and ethical conduct within the F&I trade.”

David N. Robertson Executive Director Association of Finance and Insurance Professionals

“A unique exploration of the Do’s and Don’ts for dealers without the legal maze.”

Charles F. Arrambide Assistant Vice-President Universal Underwriters Group

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Michael A. Benoit is a partner with Hudson Cook, LLP and

Tom (thudson@hudco.com) and Nikki (nmunro@hudco.com) are partners in the law firm of Hudson Cook, LLC.

The Answer Book for Finance and Insurance Professionals

Thomas B. Hudson has practiced consumer vehicle sales, finance and leasing law since 1973. Mr. Hudson chairs the law firm of Hudson Cook, LLP. He is President of CounselorLibrary.com, LLC, and is the Founder and Editor-in-Chief of CARLAW®, an Internet service that reports auto finance and lease legal developments. He has served as President of the American College of Consumer Financial Services Lawyers, and Chair of the American Bar Association Consumer Financial Services Committee’s Personal Property Finance Subcommittee. He represents the National Automotive Finance Association, Reynolds & Reynolds, auto finance companies, major banks and independent finance companies and many companies who supply services to the auto finance and lease industry. He is a frequent writer and speaker on topics relating to vehicle finance and leasing. He is also author of the book: CARLAW® ~ A Southern Attorney Delivers Humorous Practical Legal Advice on Car Sales and Financing! Mr. Hudson can be reached at thudson@hudco.com.

Used Car Buyers Who Bought Car Before Receiving Requested Carfax Report Did Not Justifiably Rely on Salesperson’s Statements Regarding Car’s Condition: A couple bought a used car. Before buying the car, they explained to the salesperson that they wanted a car that had not been in an accident, had no body damage, and did not require any repairs. The salesperson assured them that the car met those standards. The couple also test drove the car and inspected it. During the negotiations, the couple asked for a Carfax report so they could verify that the car had not been involved in an accident. However, before receiving the Carfax report, they bought the car “as is.” Afterward, the couple received the Carfax report, which showed that the car had been in an accident that had damaged the frame. The dealership eventually agreed to look for a suitable replacement but could not find one. The couple sued the dealership, asserting fraud, and the dealership moved for summary judgment. The trial court granted the motion, and the Court of Appeals of Georgia affirmed. The appellate court found that even if the dealership knew about the frame damage to the car, the couple did not justifiably rely on the salesperson’s false statements regarding the car’s condition because they decided to buy the car before receiving the Carfax report that would have revealed that the car had been in an accident. See Isbell v. Credit Nation Lending Service, LLC, 2012 Ga. App. LEXIS 1021 (Ga. App. November 29, 2012).

F&I Legal Desk Book 3 Edition rd

The Answer Book for Finance and Insurance Professionals

Thomas B. Hudson

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Edited by Michael A. Benoit

CARLAW® F&I Legal Desk Book: 360 Things to Know About Auto Dealer Finance provides a compliance roadmap for “green pea” and seasoned compliance officers alike. Each chapter addresses a topic of crucial interest to dealerships. The topics cover the compliance waterfront, and include: ● The Truth in Lending Act and Regulation Z ● The Consumer Leasing Act and Regulation M ● The Equal Credit Opportunity Act and Regulation B ● The Fair Credit Reporting Act ● The Federal Trade Commission’s Used Car Rule ● Federal Advertising Rules ● The Magnuson-Moss Warranty Act ● Arbitration ● and more . . . Each chapter is authored by lawyers who deal with that chapter’s subject every day and in detail. The authors present their information in an easy-to-follow, Q&A format, with as little “legalese” and as much useful and practical information as possible. The goal each time is to give the reader a solid, basic working knowledge of the topic covered. For years, dealers have needed a source for comprehensive, no-nonsense information on the legal requirements they face. Now they have one that quickly will become their principal resource for credit compliance information:

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CARLAW ® F&I Legal Desk Book: 360 Things to Know About Auto Dealer Finance.

February 2013 — Independent Dealer — 27

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What is acceptable proof of ownership in Florida, other states and/or countries? Processing title paperwork correctly translates into faster processing by the tax collector’s office, helping dealers complete deals quickly and efficiently. In FIADA’s new Title & Registration Training seminar students will use a manual, examples and case studies to help clarify ownership transfer starting with the MCO, ‘new’ title through the ‘used’ title. Training is hands on and students will get the opportunity to complete their own sample title paperwork. Special $79 rate for FIADA members if you register now.

When is notarization acceptable/required? When and how does a lien get added/removed? Where do I find proof of present and past ownership, odometer readings and brands?

Upcoming Seminars: Ft. Lauderdale, February 25, 2013 │ Tampa, February 26, 2013 │ Orlando, March 4, 2013 │ Panama City, April 26, 2013 │Tampa, May 6, 2013 │West Palm Beach, June 3, 2013 December 2012 — Independent Dealer — 29 To register, call (800) 237-0448 or go to www.FIADA.com

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INDUSTRY NEWS Credit Card Surcharges Allowable, But Not In Florida

Beginning January 27, 2013 merchants in the U.S. were permitted to impose a surcharge on consumers when they use a credit card. A payment card surcharge is a fee that a retailer adds to the cost of a purchase when a customer uses a payment card. While retailers are now allowed to apply a surcharge to credit card purchases, they are not allowed to impose a surcharge for purchases made using a debit or prepaid card. Before imposing a surcharge on credit card purchases, retailers are required to notify customers before the actual purchase at either the store entrance or the point of sale, or in an online environment on the first page that references credit card brands. There are a few states where surcharges are not allowed to be imposed or are limited due to state statutes. Florida is one of those states. In Florida, discounts for cash payments are allowed and can be offered to encourage payment by cash, check or other means not involving a credit card if the incentive is offered to all prospective buyers.

Batmobile Sells for $4.62 Million Barrett-Jackson Auction Company announced that its 5000 series, which featured more than 50 unique and rare automobiles, including the company’s Salon Collection, generated more than $29.2 million at the company’s iconic Scottsdale auction on Jan. 19. The top seller within the group was the original 1966 TV Batmobile, which dazzled both collectors and fans as it crossed the stage, selling for $4.62 Million. The original Batmobile started its life as the one and only 1955 Lincoln Futura concept car, which was heavily modified by legendary customizer and creator George Barris to become the original 1966 Batmobile in the live action TV series Batman, as well as the movie adaption, starring Adam West. The auction tent was brimming with excitement as fans watched the price for the Batmobile skyrocket to historic proportions on the Barrett-Jackson auction block. Barris looked on with pride from the auctioneer’s stand, even adding his signature jacket to the sale, as the crowd cheered the auctioneer on. — Source, Used Car News 30 — Independent Dealer — February 2013

Manheim’s Jay Cadigan Promoted Manheim named Jay Cadigan as vice president of industry relations, responsible for building and maintaining strong relations with Manheim partners across the industry. He will lead Manheim’s strategic efforts to develop, promote and establish consistent standards, processes and policies that achieve business objectives and further the industry. Florida dealers knew Cadigan well as for the past six years he served as market vice president for Florida and Puerto Rico, overseeing the day-to-day activities of the 12 locations in the market. Cadigan was given the FIADA Auction Person of the Year award in 2011 for his continued support and help to furthering the goals of the Florida Independent Automobile Dealers Association. Cadigan is a 36-year veteran of the automotive industry, is a past president of the National Auto Auction Association (NAAA) and is the current member of the NAAA’s executive committee and board of directors.

Charleston Auto Auction and Dealers Help Support Low Country Orphan Relief Charleston Auto Auction and its dealers raised funds and collected items for Low Country Orphan Relief. For four straight weeks Charleston Auto Auction held a 50/50 drawing each sale to help the foundation. At the end of the promotion, Charleston Auto Auction matched al contributions collected to come to a grand total exceeding $2,200. Low Country Orphan Relief helps children removed from their homes due to emergency circumstances such as abuse or neglect. “Low Country Orphan Relief is a great organization. All of our dealers are always willing to help those in need, especially when it is children!” Laura Taylor, general manager of Charleston Auto Auction said.

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2012-2013 FIADA EXECUTIVE COMMITTEE:

CHRISTOPHER LEEDOM DINO MERCURIO BRANDI NOEGEL President Senior Vice President Chairman of the Board AutoMaxx Independent Credit, Inc. Noegel’s Auto Sales Sarasota, FL West Palm Beach, FL Starke, FL (941) 309-1111 (561) 686-8673 (904) 964-6461

FRANK FUZY Regional Vice President Century Motors of S. FL Pompano Beach, FL (954) 785-0369

DAVID COX, CMD Secretary Cox Motors, L.L.C. Lakeland, FL (863) 686-9300

PAUL MATTON Treasurer Park Auto Mall Pinellas Park, FL (727) 639-1112

JIM WINTERICK, JR. STEVE MARBAIS JIM WINTERICK, SR. GEORGE HICKEY Regional Vice President Regional Vice President Regional Vice President Regional Vice President Marbais Enterprises, Inc. Gulfstream Motor Credit Gulfstream Motor Credit Bond Auto Sales Ocoee, FL Miami, FL Miami, FL Tampa, FL (407) 877-7422 (305) 253-2335 (305) 253-2335 (813) 238-7478

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