January 2012 Independent Dealer Magazine by FIADA

SINCE 1940

January 2012

www.FIADA.com

A Publication of the Florida Independent Automobile Dealers Association

Information and Insight for Florida Used Car Dealers

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FULTON, MO PERMIT NO. 38

PA I D PRST STD U.S. POSTAGE

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January 2012 — Independent Dealer — 1

JANUARY 2012

FEBRUARY 2012

MARCH 2012

Jan. 5-6

Orlando/Winter Garden

Feb. 2-3

Orlando/Winter Garden

Mar. 1-2

Orlando/Winter Garden

Jan. 7-8

Tampa

Feb. 4-5

Tampa

Mar. 3-4

Tampa

Jan. 9-10

Ocala

Feb. 6-7

Ocala

Mar. 5-6

Ocala

Jan. 11-12 Miami/Opa Locka

Feb. 8-9

Miami/Opa Locka

Mar. 7-8

Miami/Opa Locka

Jan. 14-15 Orlando

Feb. 11-12 Orlando

Mar. 10-11 Orlando

Jan. 16-17 Clearwater

Feb. 13-14 Clearwater

Mar. 12-13 Clearwater

Jan. 19-20 Lakeland

Feb. 16-17 Lakeland

Mar. 15-16 Lakeland

Jan. 21-22 Ft. Lauderdale

Feb. 18-19 Ft. Lauderdale

Mar. 17-18 Ft. Lauderdale

Jan. 23-24 Jacksonville

Feb. 20-21 Jacksonville

Mar. 19-20 Jacksonville

Jan. 25-26 Tallahassee

Feb. 22-23 Tallahassee

Mar. 21-22 Tallahassee

2 — Independent Dealer — January 2012

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Dealer Independent

MAILING ADDRESS TELEPHONE FAX WEBSITE EXECUTIVE COMMITTEE

1840 Fiddler Court Tallahassee, FL 32308 (850) 385-2712 (800) 237-0448 (850) 385-3251 www.FIADA.com Brandi Noegel President Christopher Leedom Senior Vice President Jim Kagiliery Chairman of the Board Dino Mercurio Secretary John Cousins Treasurer David Cox, CMD Regional Vice President Frank Fuzy Regional Vice President George Hickey Regional Vice President Steve Marbais, CMD Regional Vice President Paul Matton Regional Vice President

FIADA STAFF

Lisette Mariner Executive Director Terry Myers Educational Instructor Sarah Langley Administrative Director Alex Romans Education Director Leah Nash Membership Coordinator Christy Taylor Editorial/Advertising

POSTMASTER:

Send address changes to

FIADA • 1840 Fiddler Court Tallahassee, FL 32308 (850) 385-2712 • Toll Free: (800) 237-0448 Fax (850) 385-3251 • www.FIADA.com The Independent Dealer is a publication of: Florida Independent Automobile Dealers Association, 1840 Fiddler Court, Tallahassee, FL 32308 The magazine is published every month in Tallahassee and distributed to Florida new, used, wholesale and lease/retail car dealers. Advertising rates are available upon request. The statements and opinions expressed herein are those of the individual authors and do not necessarily represent the views of Independent Dealer or the Association. Likewise, the appearance of advertisers, or their identification as members of FIADA, does not constitute an endorsement of the products or services featured.

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Contents January 2012

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 Brandi Noegel

Executive Director’s Message Lisette Mariner

Member News New, Renewing and Rejoining Members

Top Reasons Why You Should Belong to FIADA

Agency Update News and notes for independent dealers from the Florida Department of Highway Safety and Motor Vehicles.

It’s Continuing Education Time! FIADA offers you a free online opportunity to sharpen your skills and earn your Continuing Education credits required for renewal.

An Invitation to the FIADA Board Meeting and Dealer Training

Legislative Update: The Honorable John Grant and Jennifer Lux

DHSMV Warns About Website Scam

House Bill 7005 Brings Unemployment Compensation Reforms Starting January 1, there will be changes in the duration of unemployment benefits for Floridians who are out of work.

National Labor Relations Board Posting Requirement Did you know you have to notify your employees of their rights that are guaranteed under the National Labor Relations Act? Find out what you must do before January 31 to be compliant.

Industry News January 2012 — Independent Dealer — 3

FROM THE PRESIDENT

Start The Year Off Right; Join FIADA BY BRANDI NOEGEL, FIADA PRESIDENT

here is something kind of refreshing about flipping the calendar from one year to another. Even if it is just metaphorically, the New Year symbolizes a clean state...a fresh start...a blank page. Here’s to hoping your 2012 is better than any other year you have ever had, both personally and professionally.

credit renewal year and only FIADA can offer you a way to meet your state-mandated obligation without costing a dime. If any of your New Year’s Resolutions include growing your business, making more sales or earning more profits than the only way you are going to achieve them is by becoming an FIADA member.

A few years ago, we started publishing Independent Dealer to our non-member colleagues four times a year, hoping to give them just a small glimpse of what membership is about and what they stand to gain by

I’ve been a member for a long time, so I feel like I can speak about the benefits of membership on good authority. I’ve said it before but it never hurts to say it again; FIADA is the best resource an independent dealer can have. Even as a veteran dealer, I depend on the FIADA to keep me up-to-date on new laws and regulations coming down the pike. I take advantage of the discounts and coupons that come with my renewal every year. I look forward to attending the Board Meetings and the Annual Convention because it not only helps me professionally but I have a lot of fun catching up with old friends and making new ones.

If any of your New Year’s Resolutions include growing your business, making more sales or earning more profits than the only way you are going to achieve them is by becoming an FIADA member. joining. This issue is the first of our statewide issues this year, and I have decided to write this message to all the dealers out there who are reading it, but who have not yet joined the Association. I know it sounds cliche, but if there were ever a time to join FIADA it would be now! Never before has the Association had so much to offer in the way of benefits, discounts and quality programs. We are poised in an influential position in Tallahassee and the more members we gain this year, the louder our voices will be heading into the early session. Just like the cover of this issue suggests, 2012 is a Continuing Education 4 — Independent Dealer — January 2012

So, what are you waiting for? Turn to page 12 right now, fill out the application and mail it back in. Better yet, save the stamp and log-on to www.FIADA.com where you can apply for membership online. It doesn’t matter how you do it, just do it. This time next year, you’ll be glad you did. Carol (Brandi) Noegel FIADA President www.fiada.com

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January 2012 — Independent Dealer — 5

EXECUTIVE DIREC TOR’S MESSAGE

New Year, New Beginnings BY LISET TE MARINER, EXECUTIVE DIREC TOR

appy New Year! I am pleased to report your association is in a great place. 2011 was a year of transition. As Steve Jordan moved to Texas to become the COO for NIADA, I stepped in to keep FIADA moving forward. After 90 days on the job, we were well prepared to put forth an outstanding convention, and we did just that. We had great feedback and are in the midst of plans for an even better convention in 2012. With a healthy financial outlook, we are ready for 2012. We have new and exciting announcements. We resolve to provide the best service and exceed your expectations this year. The FIADA website is being overhauled. Be prepared to see a new look early in the year. Not only will there

tion where she was the Director of Member Services and Leadership Development. She has over 13 years of experience in communications, marketing, events and project management in the Central Florida market. She’s managed multiple project budgets of $150,000+ and teams of 30+ employees. Leah graduated with a Bachelor’s degree in Anthropology and Communications in 2000 and continued on to receive her Masters in Communications from the University of Central Florida in 2001. She started her career in radio, where she managed remote sales initiatives, then spent some time with the Gaylord Palms as a conference services coordinator. She then honed her skills in marketing and communications through positions with the Florida Hospital, Orlando Regional Realtors Association and Florida Nurses Association. She will be based in Orlando and will be visiting auctions and members throughout the state. I know she will be a great asset to FIADA. Leah can be reached via email at leah@fiada.com. We look forward to our future growth in membership as we continue to reengage members to be active participants in the Association.

With a healthy financial outlook, we are ready for 2012. We have new and exciting announcements and resolve to provide the best service and exceed your expectations in 2012. be a new look, there will be features that will enhance your experience to be able to manage your information. Please make sure we have your current email address so that you receive updated material in a timely manner. Among the new things happening with FIADA is Leah Nash. She is the new Membership Coordinator. She comes from, most recently, the Florida Nurses Associa6 — Independent Dealer — January 2012

Did you know that as a member you can have your questions answered by an attorney that specializes in the automotive industry? Did you also know that as a member you receive discounts on buy/sell fees with our partner auctions? Did you know that as a member Continued on Page 8. www.fiada.com

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January 2012 — Independent Dealer — 7

NEW YEAR, NEW BEGINNINGS continued from Page 6.

you receive free online continuing education? In a time when budgets are tight we are here to provide the resources you need. Remember the department of highway safety and motor vehicles is providing information via email, including renewal notices. Renewal form HSMV 86720 is available on their website www. flhsmv.gov. You have until April 30th to renew without penalty. You can find a complete list of renewal requirements on page 17 of this issue. FIADA prides itself in providing first-class education opportunities for Florida’s independent dealers. Throughout the year there are trainings, seminars and classes held around the state all designed to help you keep your skills sharp and your business growing. Starting things off is the first Dealer Training of 2012, held Friday, Jan. 20 at Manheim’s Daytona Beach Auto Auction in Daytona. The training is an all-day event from 9:00am to 3:00pm where attendees will hear from a panel of industry experts who will guide you through the lifecycle of a vehicle in your dealership. Topics will include how to

find the right inventory, market it and complete the sale. Dealers will also learn about the latest advancements to take advantage of with handheld devices and mobile technology. (See page 18 for more details and registration information). Every quarter there are free dealer training open to all dealers. In addition, the FIADA Annual Convention in October will provide a full weekend of seminars, discussions, trainings and workshops designed for independent dealers. We are just a phone call away. Call (800) 237-0448 to answer your membership needs. We look forward to serving you in 2012 and beyond.

AT FIADA.COM

FIADA is your number one source for advice and information. Technical questions, legal questions, regulatory questions...bring them on! Our network of industry veterans, professionals and consultants can help you find the answers you are looking for. The best part is, it’s free to FIADA members. Call us anytime!

8 — Independent Dealer — January 2012

www.fiada.com

BUY HERE-PAY HERE WORLD CONVENTION 2012

4.16.12 BHPHWORLD.COM

IF BHPH IS YOUR WORLD,

THIS IS YOUR EVENT.

800.966.8733

www.fiada.com

January 2012 — Independent Dealer — 9

MEMBERSHIP NEWS

New Members

DECEMBER 2011

American Leasing Sarasota, FL Ron Cook Sponsor: Terry Myers

EZO Motors St Petersburg, FL Alex Fails Sponsor: Terry Myers

Auto Dealz, LLC Tallahassee, FL Christopher O’Neal Sponsor: Terry Myers

Fast & Furious Muscle Car Sales, LLC Port Charlotte, FL Mark Longton, Jr. Sponsor: Terry Myers

Boca Motorcar Gallery Boca Raton, FL John Messer Sponsor: Terry Myers

Financial Auto Group, LLC Palm Coast, FL Vitaliy Yaroshenko Sponsor: Kevin Scott

Renewing Members

Clearwater, FL

30+ Year Members Mears Motor Leasing Parkway Auto Sales, Inc. Tucker Auto Sales

Orlando, FL Homestead, FL Orlando, FL Tampa, FL Pensacola, FL Winter Springs, FL

10+ Year Members ADESA A/A of Jacksonville Angelo Auto Wholesale Big O’s Northside Auto Sales Cherry Cars, Inc. Leedom Group Naples Motorsports Sheriffs Ranches Enterprises, Inc. Wayne Reaves Computer Systems Wise Way Auto Sales, Inc. Under 10 Year Members Alamo Auto Sales, Inc. Alas Auto Brokers, Inc. ATCO Discount Company Auto Agent Sales Auto Data Direct Central Florida Used Car Mart Charleston Auto Auction

Jacksonville, FL Jacksonville, FL Interlachen, FL Ft. Myers, FL Sarasota, FL Naples, FL Live Oak, FL Macon, GA Ocala, FL Panama City, FL Davie, FL Ft. Lauderdale, FL West Palm Beach, FL Tallahassee, FL Mascotte, FL Moncks Corner, SC

10 — Independent Dealer — January 2012

Healthy Choice Automotive, LLC Eustis, FL Fed-Leon Audain Sponsor: FIADA Leon Motors Tallahassee, FL Mir Ahmad Sponsor: Terry Myers

Preston Kyle Harrison Starke, FL Sponsor: Terry Myers Where 2 Go St. Petersburg, FL Michael Dellavalle Sponsor: Terry Myers

Rejoining Member Ultimate Rides Jacksonville, FL Carlos Bosque Sponsor: FIADA

DECEMBER 2011

50+ Year Members Manheim’s St. Pete A/A

20+ Year Members Car Collection of Tampa Manheim’s Pensacola A/A Martinez & Associates, CPAs, P.A.

General Baitoa Auto Sales Tampa, FL Carlos Nunez Sponsor: FIADA

Corbin Auto Sales Chipley, FL Coro Import & Export, Inc. Kissimmee, FL Dixie Motors LLC Live Oak, FL E&M Auto Sales (Off Lease Only) Lake Worth, FL First Place Auto Sales, Inc. Gainesville, FL Frazer Computing, Inc. Canton, NY Goldstar GPS Knoxville, TN Greenlight Motors, LLC New Port Richey, FL HH Sales, LLC Jacksonville, FL Holcombe USA, Inc. Plantation, FL Holiday on Wheels of Panama City, Inc. Panama City, FL International Auto Group Pompano Beach, FL JPM Sales, Inc. Orlando, FL Land & Sea Motors, Inc. Clearwater, FL March Auto, Inc. Jacksonville, FL MarkOne Financial Jacksonville, FL Modern Auto, LLC Fort Myers, FL Palm Bay Motors Palm Bay, FL ProLine Motors, Inc. Fernandina Beach, FL Reliable Used Cars, Inc. DeLand, FL Rick’s Cars for Less, LLC Fort Myers, FL Sam’s & DJ’s Wholesale Direct Auto Sales Glen St. Mary, FL Sibley’s Used Cars Ocala, FL Sunrise Automotive Holly Hill, FL Tom Bush Auto Plex Jacksonville, FL Tomlinson Motor Company Gainesville, FL Used Car Supermarket Tallahassee, FL UzdCarz, Inc. Pompano Beach, FL Verde Classics, LLC Boynton Beach, FL Xpress Finance, Inc. Orlando, FL www.fiada.com

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January 2012 — Independent Dealer — 11

Dealer Membership Application Florida Independent Automobile Dealers Association \

1840 Fiddler Court Tallahassee, FL 32308 Phone: (800) 237-0448 (850) 385-2712 Fax: (850) 385-3251 www.fiada.com

Applicant Information

Please select the type of membership:

New Membership

Company Name: _______________________________________________________

Renewal Membership

Rejoin Membership

□Sole Proprietorship □Partnership □LLC □Corporation

Dealer License Number: _______________Contact Name: __________________________________________ Title: __________________________ Store Address: __________________________________________City: ______________________________ State: _____ Zip Code: ___________ Mailing Address (if different than above): ________________________________ City: _______________________ State: _____ Zip Code: ________ Telephone:______________________________ Fax: ___________________________Secondary Phone # or Cell #: __________________________ County: ______________________ Email Address: __________________________________ Web Site: ___________________________________

Dealership Information 1. How many years have you been in business? ______ Or If you are not yet licensed, please check the following box

□ Not Yet Licensed

2. How many lots do you (will you) own and operate? ________ 3. How many full-time persons do you (do you plan to) employ? ________ 4. How many part-time persons do you (do you plan to) employ? ________

□your buy here/pay here □finance company □banks □credit unions □other________________________ 6. How old are the majority of the vehicles you sell (you will sell)? □1-2 years old □3-5 □6-9 □10+ 7. What price range do your (will your) vehicles sell for at retail? □ 0-5,000 □ 5,001-10,000 □ 10,001-15,000 □ 15,001-20,000 □ 20,000+ 8. What is your (anticipated) avg. inventory (# of vehicles) per store? □1-10 □11-20 □21-30 □31-50 □51-75 □76-100 □101-200 □201+ 5. How do your (will your) customers obtain financing?

FCC Communications Consent (FCC)

I understand that by providing my mailing address, e-mail address, telephone number and fax number, I consent to receive valuable and timely communications via mail, parcel, e-mail, telephone and/or fax from or on behalf of the Florida Independent Automobile Dealers Association (FIADA). This consent shall remain in effect until FIADA receives a written revocation signed by an authorized representative.

Signature:

Date:

Code of Ethics Agreement This signature certifies that I am eligible for membership in FIADA, and that this application, if accepted, binds me to uphold the Bylaws of the FIADA, its Code of Ethics, and all local, state, and federal laws pertaining to the motor vehicle industry.

Signature: Method of Payment Please select your preferred method of payment.

□ Check (Made Payable to FIADA) □ Credit Card Membership Dues

□ $300 Annual Membership Fee □ $325 Annual Membership Fee + PAC Contribution** **Do your part in supporting the legislators who have helped our industry. Contribute $25 to the FIADA Political Action Committee. Contributions are voluntary and are not tax deductible.

Date: Credit Card Information

□ VISA □ MC □ AMEX □ DISCOVER Credit Card Number:___________________________________________________ Exp Date:__________ Name on Card: ____________________________________ Billing Address: ______________________________________________________ City: __________________________________ State: _____ Zip Code:__________ Signature:__________________________________________ Amount:__________

□ As an additional service to you, your annual membership will automatically renew each year on your renewal date by charging the same credit card used in this membership transaction. Unless this box is checked, you agree to the annual charge to your credit card for your membership.

EXPAND YOUR SEARCH

National Sales Calendar on ADESA.com

Looking for inventory? Visit ADESA.com/nationalsalescalendar. Easily search sale dates and auction locations for your favorite sellers—now including fleet, lease and bank consignors, along with OEM, factory and captive-finance sale information.

Contact your nearest ADESA location:

www.fiada.com

ADESA Jacksonville 904-764-1004 Sale day: Thursday

ADESA Ocala 352-351-5100 Sale day: Friday

ADESA Sarasota 941-756-8478 Sale day: Friday

ADESA Tampa 813-620-3600 Sale day: Monday

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January 2012 — Independent Dealer — 13

A G E N C Y U P D AT E News and notes from the Florida Department of Highway Safety and Motor Vehicles

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EMAIL A

Stay up-to-date with agency and industry news at FIADA.com 14 â&#x20AC;&#x201D; Independent Dealer â&#x20AC;&#x201D; January 2012

Finger

prints

Go Dig

Effectiv eA accept h pril 15, 2012 t he ar submiss d copy fingerp FBI will no lon rin io ge Highwa ns will be elect t cards. All fin r ronic. Th y Safety gerprin t an register e Depar ed to su d Motor Vehi t m e n t o c bmit ele f les (DH Florida ctro SM De will beg partment of L nic fingerprint V) has aw Enfo s to the in rc the first to submit elec tronic c ement (FDLE) quarter op an o to refin e any is f 2012. DHSM ies of prints du d s ring V is sta ues that new pro rting ma ce option o ss. During thi y arise as a resu early sp lt fs selectin ubmitting har eriod officers w of this d cards g FDLE i ll have t to ap to elect ronicall proved vendo the regional o he ffice or r y. The list of v Departm s to submit pri endors n ts e on our website nt will post a .

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www.fiada.com

Put your dealership logo on your temporary tag! In today’s competitive marketplace a dealer needs every marketing edge they can get. What better way to accomplish this than advertising your dealership on a vehicle you just sold!

SAMPLE SAMPLE

Auto Data Direct Inc. (ADD) is pleased to announce a new value added enhancement to its already popular ADDTag temporary tag product at no additional cost!

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ADDTag print-on-demand temporary tags now sport a new look. Your dealership logo will now have a prominent place on the ADDTag stock, instead of advertising your temporary tag provider! To take advantage of this no additional fee service, you simply upload your logo to ADDTag one time and then each time you print an ADDTag temporary tag your logo will appear in the top left corner. As always with ADDTag, any laser printer will do.

ADDTag offers its dealers the beneﬁts of: • Best pricing • Live customer support • Innovative cost saving products • Web-access to multiple state motor vehicle databases Come and join the thousands of Florida dealers who already benefit from ADDTag’s many time and cost saving services. To sign up contact customer service at 866-923-3123 or email us at info@add123.com

Enter promo code

FIADA12 to receive $25 off account activation.

ADD123.com www.fiada.com

Real Service, Real-Time, Real Easy! January 2012 — Independent Dealer — 15

Looking for easy options to fulfill your CE Credits this year? FIADA has an online option that is free for members! The FIADA Online Continuing Education course is the easiest, most convenient way to get your credit and get on with running your business.

or dealers who want to earn their CE credits in the comfort of their own office (or home, or wherever they have internet access), then FIADA’s online Continuing Education program is the perfect fit. Best of all, it is free to members!

The FIADA Board of Directors recognizes that in this recovering economy, renewing your continuing education credits is just one more expense you are required to spend. To make it easier, the Board has voted to continue to allow members access to the online continuing education module at no charge.

The FIADA course was written by former DMV officials and has undergone extensive peer review, so you will be assured that what you are learning is accurate information. It has also been designed to be as user-friendly as possible and easy to follow for all online users, no matter their skill level. Once you register and begin, you will have up to 90 days to complete the course at your convenience. That means, you can stop and start again as many times as you want within the three month time-frame. Credit received for the course is immediate; no waiting to receive your certificate in the mail. At the end of the online course, you can print your continuing education certificate right from your desk and send it on to the DMV for your official credit. The FIADA staff is also ready to answer questions and help you as you submit materials to the DMV for continuing education credits. Another benefit to the FIADA online CE course is that it is perfect for groups. If you want your whole office to brush up on their skills, as a FIADA member, you can register as many students as you would like to participate. It is an ideal solution for new employee training as well as a convenient refresher for veteran staff. There is no other organization that provides unlimited training at this level, free of charge. 16 — Independent Dealer — January 2012

www.fiada.com

Continuing Education credit is just one of the requirements to renew your dealer license. If needed, renewal form HSMV 86720 is available on the Department’s website www.flhsmv.gov. You have until April 30th to renew without penalty. For your convenience, here is a checklist of what you will need to renew your dealer license. o $75 renewal fee for the primary location. If the completed application, all required documents, and fee are not received for the primary location by April 30th, a $100 delinquent fee is due for a total renewal fee of $175. Checks must be made payable to DHSMV. o An original surety bond, original irrevocable letter of credit, or original continuation certificate in the amount of $25,000 for motor vehicle dealers, auction dealers and independent dealers. The Dealership’s Principal must sign the surety bond and Irrevocable Letter of Credit. o Proof of Garage Liability insurance which must include at a minimum, $25,000 combined single limit liability coverage including bodily injury and property damage protection and $10,000 personal injury protection or a general liability policy coupled with a business automobile policy which must include at a minimum, $25,000 combined single-limit liability coverage including bodily injury and property damage protection and $10,000 personal injury protection. Signature of the insurance agent is required on all insurance policies. o Dealer License Continuing Education course certificate of completion or a pre-licensing Dealer Training Seminar for independent dealers only. (This is available online FREE for FIADA members. Visit www.fiada.com for more information.) o Copy of certification from the Division of Corporations showing current registration of the business and fictitious name(s) (on-line access at www.sunbiz.org). FIADA is ready to help members make their renewal process, and their Continuing Education credit completion as easy and affordable as possible. If you are a member, and you have questions about what is required, please call us at (800) 237-0448.

www.fiada.com

January 2012 — Independent Dealer — 17

All dealers invited to attend the first quarterly board meeting of 2012. The Shores Resort & Spa 2637 South Atlantic Avenue Daytona Beach Shores, FL 32118 Rooms may still be available. For reservations,please call the hotel at (866) 934-7467 and mention you are with the FIADA, or register online from www.FIADA.com.

This training session will guide you through the lifecycle of a vehicle in your dealership. You will learn essential dealership operations including researching and acquiring inventory, marketing your inventory, and the steps to complete the sale. This seminar will teach you the secrets to leveraging technology to assist you from inventory selection to sales and how to stay in compliance. You will also have the chance to get your legal questions answered in a Q & A session with FIADA’s General Counsel. Go to www.FIADA.com to RSVP now for this seminar. 18 — Independent Dealer — January 2012

www.fiada.com

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December 2011 — Independent Dealer — 19

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

THE SIXTY DAY CLOCK IS TICKING BY HONORABLE JOHN GRANT and JENNIFER LUX, FIADA LEGISLATIVE ADVOCATES

he 2012 Florida legislative session is about to be off and running toward the sixty day count down for adjournment which will happen a few days shy of the date they would normally convene. The early schedule happens every ten years when the legislature must reapportion itself. An early session is necessary to have all issues resolved at all levels of government in time for the mid-year candidate filing date. Amid all the usual pomp and circumstance of opening day the session begins Jan. 9 and will run for sixty days unless extended. During that time nearly 3,000 filed bills will be dealt with. Some will pass, some will fail, some will be combined with others, some will be outright defeated and the majority will die on the calendar. Amidst the distraction and focus of reapportionment, the main focal point will be the budget and how to once again cut expenses to meet revenues without rais-

already seen multibillion dollar cuts over the past three years is no easy task. The bad economic news seems to roll in one after the other like waves on a beach and the collective dent it has on revenues has created an economic tsunami. Based on the last revenue estimating conference the deficit continues and those are the figures the legislature must use. However, there are some slightly bright lights that would indicate that the Florida economy is slowly coming out of the recession. The December unemployment figures brought some holiday cheer, a rise from the October report which was the highest unemployment in more than two years. Unemployment figures are finally heading in the right direction, but still in the double digits at 10 percent. More commercial and residential construction has been either announced or begun than we have seen in a while.

All of these factors seem to point toward recovery which means more jobs for more people to purchase more goods and services, including automobiles... ing taxes and fees, the latter being something the house and senate leaders as well as the governor have pledge not to do…. certainly not in an election year. Depending on which figures we look at, the deficit in front of the legislature is between one and two billion dollars. Trying to cut that much in a budget that has 20 — Independent Dealer — January 2012

All of these factors seem to point toward recovery which means more jobs for more people to purchase more goods and services including automobiles, but Florida’s unemployment is still significantly higher than the national average of 8.6 percent. In their recent remarks, the governor, speaker and president all have promised to pass friendly legislation to stimulate the economy and create more jobs, especially for small business. Continued on Page 22.

www.fiada.com

DHSMV WARNS ABOUT WEBSITE SCAM

he Florida Department of Highway Safety and Motor Vehicles issued a warning to its customers about deceptive websites that lure people into paying a fee to access DHSMV’s online motorist services. The official-looking websites require their customers to pay a surcharge for their assistance. DHSMV does not require a surcharge for any of its websites including www.GoRenew. com, www.flhsmv.gov and others. The Department posts fees on www.flhsmv.gov. The way the scheme works is quite simple: the owners or creators of the misleading websites have paid a fee to search engine companies to ensure their links are at the top of the webpage when Internet users search for DHSMV’s online services website, www.GoRenew.com. When customers go to the websites, they are asked to for a name, contact information and credit card information, and then are charged just to get to DHSMV’s websites.

“To say the websites are misleading is an understatement,” said DHSMV Executive Director Julie Jones. “They provide small disclaimers that state they are not affiliated with the Department and then proceed to charge customers anywhere from $25 to $50. It is an unbelievable racket.” DHSMV officials say they are disappointed and disgusted that any entity would attempt such a scheme. However, the websites add a disclaimer that they are not affiliated with the Department or government of any kind, so what they are doing technically is legal. “The Department wants to arm our customers with information about these illusive websites so they are not duped into paying unnecessary fees of any kind,” Jones added. “The websites are legal, but unethical.” Get the latest news and advisory warnings at FIADA.com

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December 2011 — Independent Dealer — 21

THE SIXTY DAY CLOCK IS TICKING continued from Page 20.

The FIADA legislative team will be working during the session to push for the passage of job friendly legislation. Because of these figures, it is anticipated that the spring revenue estimating conference will paint a brighter picture and forecast increased revenue. For this reason, the President of the Florida Senate is proposing to finish the regular session getting reapportionment done timely and then come back after the new revenue estimates to work on the budget with more money available. The Speaker of the House opposes that and wants to get everything done within the time frame of the regular session. We will see who wins that debate in the next few weeks. The FIADA’s legislative agenda is mainly to be in a defensive posture ready to defeat bills and amendments that would be harmful to our dealers. Thus far, none have appeared. We are also working to clarify current statutes for leased vehicles. Your FIADA Legislative Committee and FIADA Political Action Committee have continued to be active in the campaigns to elect or re-elect FIADA friendly legislators. Members are prohibited from fundraising during session, but once session closes, the campaigns will be off and running again.

Your Legislative Committee encourages all members to help us build up the PAC with funds to help us have a sizeable war chest and make a significant impact in this year’s election. If you haven’t give, you are encouraged to do so and if you have, please consider doing it again before the end of the session. Also you are encouraged to call, write, fax, email or better yet visit your legislators, who are always more interested in hearing from a voter from home than a lobbyist in Tallahassee. If you don’t know who your legislators are, find your senator by going to www. flsenate.gov and click on “Find Your Legislator.” For your representatives, go to www.myfloridahouse.gov and follow the same procedure. Look them up, call them up and tell them that you vote in their district and you care about how they vote this session before you vote for them later in the year. Our FIADA team will be here for the session. We welcome you to visit or call us at any time and we encourage each of you to get in the legislative driver’s seat and get involved in the process. Your voice individually and collectively can make a significant impact.

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

22 — Independent Dealer — January 2012

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January 2012 — Independent Dealer — 23

HOUSE BILL 7005 BRINGS

UNEMPLOYMENT COMPENSATION

REFORMS

n June 27, 2011, Governor Rick Scott signed House Bill 7005, which brings about some major changes or reforms in Florida’s unemployment law. The reaction in the employer community seems to be quite optimistic, while claimants have voiced some dissatisfaction with parts of the bill. Media attention seems to have focused mainly on the change in the duration of benefits. Effective January 1, 2012, the current maximum of 26 weeks will be adjusted to a range from 12 to 23 weeks, based upon the average unemployment rate in Florida for the third calendar quarter of the previous year. When the average rate is 5 percent or less, the maximum duration of benefits will be 12 weeks. An average rate of 10.5 percent or higher will result in a maximum of 23 weeks payable on a claim established during the following calendar year. The level of maximum benefit weeks will be calculated once per year on the third Friday in November, and using the average unemployment rate for the 3rd quarter of that year (July, August, and September). Florida has seen a downward trend since the beginning of the year, but the unemployment rate for June was still at 10.6 percent. As a side note, the average unemployment rate for the 3rd quarter of 2010 was 11.6 percent. At present, the maximum amount of regular benefits on a Florida claim is $7,150. At 23 weeks, the maximum amount of regular benefits will be $6,325. An important change brought about by the bill is the definition of “misconduct.” The employer will still have the burden of proof, but that burden will be reduced on an employer when attempting to prove that employee misconduct was the reason for the job separation. The bill 24 — Independent Dealer — January 2012

BY GAYLE MEACHAM, PHR, UNEMPLOYMENT COMPENSATION ADMINISTRATOR

changes the language “willful or wanton” disregard to a lower standard, “conscious” disregard. The employer must still show that the employee was aware that their conduct disregarded the employer’s interests or disregarded reasonable standards of behavior that the employer should expect from the employee. The bill also addresses misconduct that could result in the employer being sanctioned or having its license or certification suspended by the state. There is also a provision that misconduct may take place at work or away from the workplace. Individuals who file unemployment claims after July 1, 2011 must select payments via Florida Unemployment Compensation Debit Card or direct deposit to a bank account. House Bill 7005 phases out paper checks. Additionally, effective August 1, 2011, initial and continued claims must be filed electronically. Claimants will be required to contact five potential employers per claim week, and will be required to provide the work search information via the Internet when certifying for claim weeks. Claimants will be required to complete an initial online “skills review” which will reportedly be used by the local One-Stop Career Centers to assist claimants with job searches. There are a number of other provisions in the bill. Overall, the reforms should save the state money, reduce taxes on employers and help Floridians get back to work. Gayle Meacham is the Unemployment Compensation Administrator for Landrum Companies. She is a certified professional in human resources (PHR) and has more than twenty years of human resources experience, specializing in unemployment compensation. www.fiada.com

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January 2012 — Independent Dealer — 25

National Labor Relations Board (NLRB) Posting Requirement Starting January 31, private-sector employers will have to notify workers of their guaranteed rights under the National Labor Relations Act. BY JIM GUTTMANN, SPHR

S BE POSTED A T S U M T A H T LABOR RIGHTS E NATIONAL H T Y B D E IR REQU OARD RELATIONS B e right to: Employees have th company negotiate with the to n io un a ze ni ga 1. Or and conditions s, and other terms ur ho , es ag w ng ni concer of employment. t a union.

2. Form, join or assis

tatives of ly through represen 3. Bargain collective with the company sing for a contract oo ch n ow s’ ee oy empl r working fits, hours, and othe setting wages, bene conditions. s and nefits and other term be d an es ag w s us ith co4. Disc union organizing w or t en m oy pl em of conditions workers or a union. to improve or more co-workers e on ith w n tio workac 5. Take other means, raising g on am , by s on iti working cond pany or with a rectly with the com di s nt ai pl m co d te a union. rela d seeking help from an , cy en ag t en m govern means on the purpose or g in nd pe de , et ck 6. Strike and pi picketing. of the strike or the es, including any of these activiti 7. Choose not to do n. a member of a unio joining or remaining

26 — Independent Dealer — January 2012

ouldn’t you agree that certain topics often generate strong feelings and differences of opinion when mentioned? For instance, I’m sure most of you realize that public expressions of beliefs on politics or religion can sometimes create discord. Another topic that some might put in that same category is any discussion of unions. As a result, many of us often avoid discussing these topics when in the workplace or at family reunions, etc. On the subject of unions, the National Labor Relations Board (NLRB) recently issued a final rule that will require most private-sector employers to notify workers of their rights guaranteed under the National Labor Relations Act (NLRA). Under this new rule now scheduled to go into effect on January 31, 2012, most private-sector employers will be required to post a “notice of employee rights” where workplace notices are normally displayed (including company internet or intranet sites, as applicable). The notice applies to all businesses subject to NLRA but excludes agricultural, railroad and airline employers and the U.S. Postal Service. The notification requirement also does not apply to small employers that conduct less than $50,000 worth of business across state lines. Those employers subject to this law risk an unfair labor practice charge and could face legal action from the NLRB if they fail to comply with the notification rule. For more information, please refer to: https://www.nlrb.gov/poster. Having broached this highly sensitive matter, I would like to offer my perspective from experiences on both sides of this issue; 1) as a former employee in a labor union’s administrative department, 2) as a former company representative during union avoidance campaigns, union negotiations and during union grievance processes, and 3) as a private sector non-union employee. My experiences have ranged from instances in which the company and union worked in a very collaborative manner to situations in which matters were very contentious and difficult between the company and union. www.fiada.com

1. Benefits (meeting industry standards for your area)

1. A work environment in which employees are not treated in a fair and consistent manner by their boss and the company offers no true avenue whereby issues and concerns can be properly addressed. The lines of communication between employees and their management are poor. Employees perceive that having a union will offer that voice that they don’t now have.

3. HR Policies (that comply with employment laws)

2. A work environment in which employees do not receive competitive wages and benefits and/or the company does not comply with federal regulations concerning wage and hour laws, safety, non-discrimination and harassment avoidance etc. Employees perceive that having a union will hold the company accountable in offering suitable pay, benefits and working conditions. As the new NLRB rule regarding posting notices goes into effect next year, many employers should assess how they are doing with respect to their work environments and whether the new posting requirement will draw significant interest from their employees. Here’s what is suggested that you review as part of your self-assessment:

6. Safe work environment (in which employee safety is a top priority)

2. Wages (that are fair and competitive)

4. Culture (whereby all employees are treated fairly and consistently) 5. Trained supervisors (who know how to create/ maintain a healthy work environment)

Since compliance with the new law cannot be avoided for most employers, it would be prudent for companies to start a self-assessment process now (if they have not already done so) rather than putting off thought/discussion of a topic that they may find uncomfortable. As a Landrum Professional Human Resources Manager, Jim is certified as a Senior Professional in Human Resources (SPHR) and has over 20 years of HR generalist experience for a large government contractor and Fortune 500 Company.

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Here’s what I believe experts on both sides of the issue would likely agree represents a work environment in which unions often become very appealing to employees:

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January 2012 — Independent Dealer — 27

28 — Independent Dealer — January 2012

www.fiada.com

2011-2012 FIADA EXECUTIVE COMMITTEE:

CHRISTOPHER LEEDOM Senior Vice President AutoMaxx Sarasota, FL (941) 309-1111

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

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

JIM KAGILIERY Chairman of the Board J.D. Byrider Jacksonville, FL (904) 400-6190

DINO MERCURIO Secretary Independent Credit, Inc. West Palm Beach, FL (561) 686-8673

JOHN COUSINS Treasurer Southeast Car Agency Gainesville, FL (352) 377-7787

STEVE MARBAIS GEORGE HICKEY Regional Vice President Regional Vice President Marbais Enterprises, Inc. Bond Auto Sales Ocoee, FL Tampa, FL (407) 877-7422 (813) 238-7478

PAUL MATTON Regional Vice President Park Auto Mall Pinellas Park, FL (727) 639-1112

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BRANDI NOEGEL President Noegel’s Auto Sales Starke, FL (904) 964-6461

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January 2012 — Independent Dealer — 29

INDUSTRY NEWS Natural Gas Fueling Plans Encourage Alternatives

Subprime Buyers Pushing Late Auto Sales As auto sales have surged in recent months, more and more dealers are discovering renewed strength of the subprime and deep subprime buyer, particularly ones who have an average credit score between 550 and 620 and were either shut out or chose not to buy a new or used car when the economy tanked three years ago. The return of the subprime auto buyer is confirmed with the latest data from CNW Research and Experian. • CNW reports approvals of auto loans for those with subprime credit ratings have surged 15.72 percent in December compared to November. By comparison, those with solid credit ratings are up just 1.36 percent. • CNW says this year sub-prime auto loan approvals are up 53.9 percent. • Experian reports the percentage of new vehicle purchases financed by loans to non-prime buyers increased 14.8 percent in the third quarter. • Experian says auto finance companies are also seeing fewer loan delinquencies, a drop in the charge-off costs for loans in default, and a drop in the repossession rate. According to Experian the average subprime auto loan for a new car in the third quarter was $457 a month. That’s down $19 a month compared to the same time last year. Easier credit, greater liquidity, and the improving economy are all driving the surge in subprime borrowing. Banks and the captive finance operations of automakers are seeing the biggest increase in their portfolios. And more importantly, most in the industry see this trend continuing.

The United States has record supplies of natural gas and plenty of reasons to promote natural-gas powered cars, but so far consumers, manufacturers and fuel suppliers haven’t shown much interest. Now, the T. Boone Pickensbacked Clean Energy Fuels Corp. is embarking on a major expansion of natural gas fueling and plans to add liquefied natural gas pumps at 150 truck stops nationwide over the next 24 to 36 months. In anticipation of the expansion, Honda Motor Co. is expanding sales of its Civic NG, which previously has been in limited supply. Next model year’s Civic NG will be available in 37 states, targeting dealerships within 20 miles of a public fueling station. The car will be advertised nationally, offer a navigation system and an upgraded audio system with the goal of boosting sales from about 1,000 cars annually to about 2,000.

Source: Phil LeBeau, CNBC.com

Ford F-150, Honda Accord 2011 Top Sellers The Ford F-150 is the top-selling new vehicle of 2011, while the Honda Accord is the best selling used car of the year, reports Edmunds.com, the premier online resource for automotive information. Edmunds.com’s review of 2011 car sales also found that the Nissan Leaf flew off dealer lots faster than any other vehicle this year, and that Saab offered the best discounts to consumers in 2011, even as the brand fought to delay its inevitable demise.

Source: Alan Sayre, AP Business Writer

2011 TOP SELLING MODELS New Car Models

Used Car Models

Ford F-150

Honda Accord

Chevrolet Silverado 1500 Ford F-150

Toyota Camry

Nissan Altima

Chevrolet Silverado 1500

Ford Escape

Honda Civic

Honda Accord

Toyota Corolla

Ford Fusion

Nissan Altima

Chevrolet Cruze

Chevrolet Impala

Toyota Corolla

Dodge Ram Pickup 1500

10 Hyundai Sonata

BMW 3 Series Source: Edmunds.com

30 — Independent Dealer — January 2012

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January 2012 — Independent Dealer — 31

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32 — Independent Dealer — January 2012