Fiada july 2k16 web by FIADA

JULY 2016

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Information and Insight for Florida Used Car Dealers

Scott Lanier of Credit Cars in Orlando brings home the NIADA Quality Dealer of the Year Award PAGE 18

Lisette Mariner is the Association Executive of the Year PAGE 18 Frank Fuzy finishes NIADA Presidential term

FULTON, MO PERMIT NO. 38

PA I D PRST STD U.S. POSTAGE

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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 Jim Winterick, Sr. President Lisa Compagno Senior Vice President Dino Mercurio Chairman of the Board Govinda Romero Secretary Scott Lanier, CMD Treasurer Brad Joel Regional Vice President Christopher Leedom Regional Vice President Steve Marbais, CMD Regional Vice President Brandi Noegel Regional Vice President Phil Risley Regional Vice President FIADA STAFF Lisette Mariner, CAE Executive Director Terry Myers Educational Instructor Jason Berthiaume Education and Marketing Coordinator Amelia Tillman Membership Director Christy Taylor Editorial/Advertising

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

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Contents July 2016

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 Jim Winterick, Sr.

Executive Director’s Message Lisette Mariner, CAE

Member News

The ROI of Delegation: Why Control Freaks Cost Organizations Big Bucks FIADA Annual Convention speaker Andy Masters explains why the "if you want it done right, do it yourself" theory doesn't always work.

2016 FIADA Annual Convention Preview and Registration Don't Gamble on Your Future! Attend the FIADA Annual Convention at the Renaissance Orlando at SeaWorld.

Stars of the Sunshine State Florida members win big at the NIADA Annual Convention in Las Vegas.

A Reminder About the Proper Use of Dealer Plates With a rise of fraud and misuse of dealer plates, it's time to refresh yourself with the do's and don'ts of dealer plates.

NHTSA Issues Urgent Call to Repair Recalled Hondas and Acuras It seems that every day there is a new recall and it is easy to get complacent with fixing them. The problem is, it is your responsibility if something goes wrong. NIADA has some important information on the topic.

A Look at Current Legal Issues Attorneys Tom Hudson and Nicole Munro recap recent federal and legal developments of interest to dealers.

Industry News

July 2016 — Independent Dealer — 3

FROM THE PRESIDENT

Your Association Scores Big in Vegas BY JIM WINTERICK, SR., FIADA PRESIDENT

ot many people come back from Las Vegas a winner. Florida had two. Scott Lanier of Credit Cars Orlando is the, “NIADA Quality Dealer of the Year.” Each year every dealer association in the 50 states and some territories send their winners to the national association as a nominee for this prestigious award. A committee reviews the nominees, including personal interviews and selects the national winner. Florida every year has presented many qualified state quality dealers. After not having a national winner for 25 years we have Scott. On top of a long interval between winners this is NIADAs’ 70th year in existence. Scott is dedicated to his customers, business, community, association, and of course his family. Scott finds time to support our association. Scott currently is the FIADA Treasurer. He has served the dealers of Florida always looking to improve the reputation of the independent dealer. He is a highly regarded business person in the Orlando market. Scott is the kind of dealer others aspire to be. We are fortunate to have him giving his precious time for the benefit of our shared industry and want to share our appreciation and congratulations. Well done and well deserved!

Bring your family. Include your valued employees. We will be having educational classes that qualify you for needed continuing education requirements to renew your license. There will be seminars on retail selling, purchasing, financing, floor plans, LHPH/BHPH, and collections. As always, there will be a huge convention hall with many vendors there to help you improve your business and focusing on your bottom line. We are planning a Las Vegas night of our own, with the customary games you would find in the big casinos--minus the losses. Our 2017 legislative agenda will be presented and discussed. The DMV will present where the state is going in the future including a question and answer period for dealers. Of course we will have motivational speakers in case your stem needs winding. If it has to do with the business of selling used cars, trucks, vans, etc. then it will be at this event. Including the important meeting and exchanging of ideas on how to improve your profit opportunities, from one dealer to another. Those who attend will be able to put practical experienced knowledge to work immediately on their return. We have any and all you could need to improve your business.

Also our association executive, Lisette Mariner is the Association Executive of the Year! Another highly regarded and sought after honor given to the best of the best. Our association is fortunate to have highly talented people like Lisette and staff to represent our interests in Tallahassee and nationally.

Will you make the commitment to be there? Aside from family is anything more important to you than developing and growing your business?

The National Convention in Las Vegas was one of the most highly attended events of the last 70 years. Many dealers came to learn where our industry on a national level is headed. If you missed the National convention do not be disconcerted. A great opportunity to get caught up is on the horizon. And this time it is closer to home in Orlando at Sea World. Mark your calendar for October 20-22, 2016 to attend FIADA’s Annual Convention and Trade Show. 4 — Independent Dealer — July 2016

We are your dealer association. We are stronger together, (I believe some political campaign has stolen my motto). Join us because we need each other if we are to be viable businesses into the future. Ask yourself how important is your livelihood are you really too busy to protect your investment? Keep serving your customers needs for fun and profit!! Jim Winterick Sr. FIADA President www.fiada.com

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EXECUTIVE DIREC TOR’S MESSAGE

With Great Honor and Pride

BY LISET TE MARINER, CAE, EXECUTIVE DIRECTOR

ast month was filled with great tragedy and on the flip side with great successes. During the same week that terror struck an Orlando night club, our very own Scott Lanier won the National Quality Dealer Award. Though we were hard hit with the reality the terror is among us in Florida we must also shine through with our great successes.

We started the week with the wonderful opportunity to hear Kris “Tanto” Paronto speak at the NIADA convention. His telling of the Benghazi incident put a new perspective of the actions taken that fateful night. He and his team serve this country and mankind with honor. He certainly made an impact on me. There were so many great sessions and opportunities to network, but the highlight was when Florida was recognized both awards nights. The first night Florida received three awards. I was honored by receiving the NIADA Association Executive of the Year Award. Jay Cadigan, Manheim Vice President of Industry Relations was inducted into the NIADA Ring of Honor. Tyler Owen Riley of Indialantic received a scholarship to pursue his dream of becoming an orthopedic surgeon. Tyler grew up around “car guys” – his father, Bruce, worked in the industry until his dealership fell victim to the 2008 recession. He’ll study biochemistry at the University of Florida. Tyler was one of five young men and women named as the recipients of the NIADA’s 2016 Scholarship Awards during the 70th Annual NIADA Convention at The Mirage in Las Vegas. Seeing Jay inducted into the Ring of Honor was such a delight. When I first came to FIADA I had the pleasure of working with Jay and that same year, he was named 2011 Auction Person of the Year. 6 — Independent Dealer — July 2016

NIADA CEO Steve Jordan (left) and Randy Dohse, NextGear Capital senior vice president of field operations (right) present Tyler Riley of Indialantic with a NIADA scholarship. Of course, my being recognized as the Association Executive of the Year was a highlight of the convention. I know my efforts are not mine alone. I stand on the shoulders of an amazing board of directors and staff. There are so many people that help our FIADA be great. I share this award with you! We closed the convention with Scott Lanier of Credit Cars in Orlando winning the most prestigious of awards. He was named the 2016 NIADA Quality Dealer. Scott has done so much for his community and Florida. He most recently also received his CMD (Certified Master Dealer) designation. We are truly proud of him. Be sure to come to the FIADA convention October 20-22 at the Renaissance Sea World Orlando to see who will be honored as the next FIADA Quality Dealer and have the opportunity to compete nationally. www.fiada.com

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MEMBERSHIP NEWS

New Members

JUNE 2016

1 STOP AUTO CARE Spring Hill, FL Kenneth Hite Sponsor: Terry Myers

PERFORMANCE PETERBILT Midway, FL Nathan Ried Sponsor: FIADA.com

CARL RICHARDSON Hudson, FL Sponsor: Terry Myers

RENT-2-OWN AUTO Tampa, FL Demetrius Washington Sponsor: Terry Myers

FORTEGRA Jacksonville, FL Tom Arnieri Sponsor: FIADA

RK WELKER Winter Springs, FL Richard Welker Sponsor: Terry Myers

GRANDINTLINC Hollywood, FL Hakan Senaltan Sponsor: FIADA

ROSS COLE Fort Walton Beach, FL Sponsor: FIADA.com

HOLLANDS AUTO PARTS Hollister, FL Debra Dowling Sponsor: Paragon Auto Sales, Inc.

SPORT CLASSIC MOTORCARS, LLC Ormond Beach, FL Mike Ciocchetti Sponsor: FIADA

INTERACTIVE FINANCIAL MARKETING GROUP Richmond, VA Travis Weisleder Sponsor: Lisette Mariner

TALLAHASSEE AUTO WORLD Tallahassee, FL Frank Risech Sponsor: Terry Myers

JXT AUTOMOTIVE LLC Plant City, FL Barbara Jackson Sponsor: FIADA MOTRAC MOTORCYCLES LLC Doral, FL Sponsor: FIADA.com PATRIOT AUTOMOTIVE CONSULTING Concord, NC Ched Hargett Sponsor: FIADA

Rejoining Members DAKOTA AUTO SALES, LLC Sebring, FL David Meier Sponsor: Amelia Tillman

Questions about

Renewing Members

JUNE 2016

40+ Year Members Gateway Auto Sales, Inc. 30+ Year Members Harold D. Corey Auto Broker Mike Kashtan's Superior A/S Sides Cars-Trucks

Indian Rocks Beach, FL Pinellas Park, FL New Smyrna Beach, FL

20+ Year Members Century Motors of S. Fla., Inc. Florida Auto Exchange Co. Gulfstream Motor Credit Co. Maxx Motors Mike Hill Used Cars, Inc. Motorcar Gallery, Inc.

Pompano Beach, FL Dunedin, FL Miami, FL Princeton, FL Panama City, FL Ft Lauderdale, FL

10+ Year Members Andrew Thomas Motorcars Auto Use Cars.Com Golden Oldies Auto Sales, Inc. Just In Time Auto Sales Inc McKinna Auto Sales Splish Splash Auto Sales, Inc. Trinity Motors Warren's Auto Sales Woodall Auto Wholesale, Inc.

Bradenton, FL Andover, MA Chicago, IL Hudson, FL Auburndale, FL Brunswick, GA Princeton, FL Sarasota, FL Avon Park, FL Ocoee, FL

Under 10 Year Members Absolute Surety, LLC Auto Sales of Winter Garden, LLC AutoMaxx Orlando TOP TEN AUTO TAMPA Cliff Shuler Auctioneers Tampa, FL Dealer Funding Dave Doucet ETS Autos Sponsor: Amelia Tillman Evans Auto Sales Fifth Third Processing Solutions l Provided by Vantiv USA TRANSIT LLC GPS Tracking USA Inc. Orlando, FL Greenway Auto Sales Lana Nechayeva Hanksters Hot Rods of Daytona Sponsor: Amelia Tillman Hometown Auto Mart, Inc. Jennz Auto Sales WORLDWIDE AUTO CREDIT , LLC Nationwide Southeast LLC Jacksonville, FL PCT Enterprises Of FL, LLC Ronald Harper Quality Equipment & Parts Inc Sponsor: Worldwide Motors, LLC Regional Wholesale Inc Rick's Auto Marketing Center South Skypatrol, LLC JUNE 2016 Strategic Dealer Services ZH CAPITAL HOLDINGS Value First Auto Sales, LLC Miami, FL Wheeler Cycles Ernie Prato Wing Motors Automobile Corp Sponsor: Amelia Tillman WorldWide Motors LLC

your membership or benefits?

8 — Independent Dealer — July 2016

Jacksonville, FL

Orlando, FL Winter Garden, FL Orlando, FL Titusville, FL Atlanta, GA Sanford, FL South Daytona, FL West Palm Beach, FL Lutz, FL Jacksonville, FL South Daytona, FL Dunnellon, FL Tallahassee, FL Rosemont, IL Englewood, FL Lake City, FL Haines City, FL New Smyrna Beach, FL Doral, FL Irving, TX Saint Petersburg, FL Leesburg, FL Miami, FL Jacksonville, FL

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CONVENTION PREVIEW

The ROI of Delegation: Why Control Freaks Cost Organizations Big Bucks BY ANDY MASTERS, FIADA ANNUAL CONVENTION KEYNOTE SPEAKER

Don't get sucked into believing you are the only person who can do the job or no one else can do it as well as you. Spread the responsibility and reap the benefits.

ost of us are aware of the positives from delegating— we’ve heard them before. In theory, it’s a great concept: “Get other people to do your work for you… Awesome!” We also understand that, theoretically, we can achieve more in less time if we delegate properly. The results of not delegating include burnout, stress, and getting overwhelmed with mundane tasks which distract us from our most important responsibilities. Yet, why is delegation one of the most underutilized skills in organizations today?

Reasons why managers don’t delegate include, but aren’t limited to: • “If it’s going to get done right, and going to get done on time—I’d better do it myself!” • “Whenever I try to delegate, I always get burned.” • “By the time I explained it to someone, I could have done it myself.” • “I don’t want to bother someone else…they already have enough on their plate.” • “It’s job security. If I’m the only one who can do it, they can’t downsize me!”

Negative ROI Resulting From Managers Who Don’t Delegate We all have a default mechanism which causes us to fall back on

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doing everything ourselves, often subconsciously. Unfortunately, that’s the way most of us are wired. At face value, some of the above rationale might seem honorable. However, in addition to many other negatives such as stress, burnout, and mistakes, this “control freak” habit creates a corporate culture of woefully inefficient utilization of human resources. This inefficient utilization costs departments tens of thousands annually. Here’s how: If a $40/hour manager spends just one hour on a task in which a $20/ hour person has the skills, training, and resources to do—that company incurs an expense of $40, rather than incurring an expense of $20. So, how many hours per week does this occur? One, two, 10, 15? At a rate of 7 hours per week, the losses realized would be $140 from the inefficient use of human resources, or $7,280 per year. If this culture is consistent throughout a department of 16 people, the annual impact would be $116,480. Perhaps most importantly, these tasks take valuable time and focus away from each manager, unable to accomplish the most important objectives each are charged with. This culture bogs organizations down at all levels, and squelches organizational growth and advancement.

Empower and Develop Employees to Gain a Positive ROI from Delegation

Conversely, if an organization successfully trains, develops, and empowers its emerging managers, these employees are able to be trusted, and perform tasks above their salary level. The “upwards domino effect” is that managers can more easily focus time and energy on larger, more important responsibilities, and can accomplish great achievements. Further, a workforce is now being developed which believes that the organization believes in them, and is investing in them for future promotion. Certainly, when such promotions do occur, the transition period can then be faster and smoother. Each organization should annually reevaluate the tasks and responsibilities of each level, and be sure to maximize the utilization of human resources effectively.

The “Disservice” Theory

The next time you think to yourself “This is important—I need to do this one myself,” consider this: You are actually doing someone a disservice by not including them, and not allowing them to grow and develop so they are a step closer to taking on more responsibility in the future. Perhaps www.fiada.com

it is a new or younger member in your organization, or an employee wanting to develop for future advancement. If you at least “take them along for the ride” with you—next time, they can do more. We all had mentors who took us along for the ride and showed us the ropes. This is how people learn. This is how people grow. Are your managers truly trained on the delegation process? If delegation went wrong, was the task delegated to the right person? Was that person clear with exactly what was to be performed, and by when? Did that person possess the time, training, and resources to perform the task? Did that manager follow-up before the deadline to double-check on progress? As with anything else, delegation takes focus, and a concerted conscious effort everyday—or we revert to our old habits. To create a great habit of delegation, the FIRST thing you should do each morning is identify the 3, 5, or 7 items on your “To-Do List” where at least some progress can be made by someone else. Ship those items off to sea either in person or via email by asking for help right away. Then proceed with your day. You are now gaining progress on 3, 5, or 7 items without investing any time on them at all, allowing you to make progress on more important items on your list simultaneously.

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“As a manager, you deserve to take a vacation--or take a day off with your kids--and actually enjoy it without your cell phone ringing every hour.” Empower and develop your team, allowing each to take on greater responsibilities. Then devote your time to your big picture goals--and achieve more, in less time, with higher quality, and less stress. Andy Masters is an author, speaker and trainer who will be speaking at the FIADA Annual Convention in October. www.fiada.com

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Don’t Gamble on Your Future! Make plans today to attend the FIADA 2016 Annual Convention, October 20-22, 2016.

Don’t miss these keynotes scheduled to appear.

ERS MASTuthor Y D N a A inning Award-waker. and spe

MARTY COATES Sales and leadership expert.

If you have never been to a FIADA Annual Convention and Trade Show, then you are missing out on one of the best events for independent dealers in the state. Every year, the Annual Convention brings a full schedule of seminars and sessions designed specifically for used car and truck dealers. You'll find training on areas like: Buy Here-Pay Here, internet strategies, legal and regulatory updates and so much more. New dealers, veteran dealers, key staff members, managers and salespeople will all benefit from the educational and networking opportunities. The schedule also includes family fun nights and activities to add a little play in with the work. Bring your family and join us in Orlando! Thank you to our current sponsors

More speakers and seminar topics will be released soon. Stay up with the schedule at FIADA.com or on Facebook/FLIndAutoDealersAssoc. 12 — Independent Dealer — July 2016

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July 2016 — Independent Dealer — 13

KEYNOTE SPEAKER

MARTY COATES

We are excited to introduce you to Best-Selling Author, Speaker and Industry Trainer Marty Coates, the opening Keynote Speaker at our upcoming annual convention and expo. Our Executive Director, Lisette Mariner, had a chance to catch up with Marty for a brief interview recently and we wanted you to get a glimpse of this exciting addition to this year’s convention program. What will be the focus of your presentation? Without giving away the outline and specific content, let me offer this as an answer. Succeeding in any business, especially the car industry requires a game plan. Too often even great business people set out on a new opportunity and skip this critical step. The endeavor becomes a game of roulette, where success depends on choosing the exact number or you lose a lot. I will discuss the importance of having the right plan, the right team, the right resources and the right passion to achieve and maintain a successful dealership. I believe while any business involves risk, we do not have to gamble on our success. What background do you bring to this topic? I have enjoyed a business career in a variety of industries spanning over 25 years and have done everything from frontline sales to being Chief Executive Officer of multimillion dollar companies. I have spent a considerable amount of time working, consulting and training in the independent automobile industry. I did not grow up in this business, but was recruited into it as a trainer. To make sure I was credible, I went out and found a job working on a dealership lot, selling cars, coaching staff and creating plans to increase performance. To date, I have trained more than 15,000 independent dealers and their staff. I have spent nearly seven years as the exclusive trainer for the Carolinas Independent Automobile Dealers Association. 14 — Independent Dealer — July 2016

How do you involve audiences in your presentations? While my style is like that of a platform speaker, I like to involve the audience with questions and humor. Some refer to my style as “preacher-like”. So if an attendee feels like they just left church after my presentation, there is a really good reason for that. I will let you in on the secret during my presentation. What one thing do you want attendees to take away from your presentation? I believe many elements of success are crucial and each person may find one or more that is important to their success. All the gadgets, technology and/or marketing schemes cannot replace time-tested and validated results of certain key elements of success. Ultimately, I trust that those in attendance at the opening session will be inspired and motivated to set a course toward their desired picture of business success.

Come see Keynote Speakers Marty Coates and Andy Masters along with all the other presenters and educational sessions and trade show vendors at the FIADA Annual Convention with an Education Pass. See the registration form on page 17 for details. www.fiada.com

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July 2016 — Independent Dealer — 15

EARLY : BIRDS fore

r be Registe and 8/31/16 50! save $

COME FIND ME AT

CONVENTION!

HOTEL INFORMATION

RENAISSANCE ORLANDO AT SEAWORLD 6677 Sea Harbor Dr, Orlando, FL 32821

The FIADA Annual Convention will be full of friendly faces ready to welcome you to the fun. Here's someone you'll want to look for:

Dennis Cook, Copart Auto Auction 2016 Convention Chair

This year's convention is going to be a can't miss event. The convention committee has been working hard to bring you a first-class educational program, a variety of exhibitors and vendors and plenty of fun activities for you and your family. I hope you are making plans to attend, and please come say hello when you do.

To receive the group rate of $159 per night, call (800) 468-3571 and tell them you are with the FIADA Convention. Reservations must be made by September 29, 2016 to receive the group discount. There are a limited amount of hotel rooms available so make book it now.

MEMBERS SAVE Convention is coming! Have you renewed your FIADA membership? FIADA members save on the annual convention registration and receive updates on convention events. Call or Text FIADA at (800) 237-0448 to renew your membership. Register for convention online at www.FIADA.com or use the registration form on the next page. 16 — Independent Dealer — July 2016

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2016 FIADA ANNUAL CONVENTION

OCTOBER 20-22, 2016 | RENAISSANCE ORLANDO AT SEAWORLD COMPANY INFORMATION Company:___________________________________________________________________________________________________________ Address:__________________________________________________ City, State, Zip:_____________________________________________ Phone:___________________________________________________ Fax:______________________________________________________ E-mail:___________________________________________________ Website:__________________________________________________

REGISTRATION INFORMATION FIADA MEMBER DISCOUNTED REGISTRATION RATES

EARLY BIRD (3/1 - 8/31)

REGULAR (9/1 - 10/14)

ON-SITE (10/15 - 10/22)

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] $249

[

] $299

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] $349

Badge Name:___________________________________________________________

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] $195

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[

] $99

[

] $124

[

] $149

Badge Name:___________________________________________________________

[

] $299

[

] $349

[

] $399

Badge Name:___________________________________________________________

[

] $195

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MEMBER

FULL ACCESS PASS Badge Name:___________________________________________________________

ADDITIONAL FULL ACCESS PASS (Available with purchase of Full Access Pass)

SPOUSE FULL ACCESS PASS (Available with purchase of Full Access Pass) Badge Name:___________________________________________________________ EDUCATION PASS (Does not include meals) Badge Name:___________________________________________________________

NON-MEMBER REGISTRATION RATES

FULL ACCESS PASS NON ADDITIONAL FULL ACCESS PASS (Available with purchase of Full Access Pass) MEMBER

FULL ACCESS AND SPOUSE FULL ACCESS PASSES includes all meal functions, seminars and exhibit hall access and is eligible for continuing education credit. Additional Full Access passes and Spouse pass are only available with a Full Access registration. Valid FIADA membership required for FIADA member registration rates. CHILD REGISTRATIONS AVAILABLE Contact FIADA at (800) 237-0448 for details and to register.

TOTAL:

PAYMENT METHOD [

] I have enclosed a check made payable to FIADA

[

] I will be using a credit card

Name (as it appears on card):_____________________________________ Company:______________________________________________ Credit Card Billing Address:______________________________________________________________________________________________ Credit Card Number:________________________________________________________________

Exp Date:_________________________

Authorized Signature:_______________________________________________________________ CC Security Code:___________________ CANCELLATION POLICY: If cancellations are received in writing before 5pm on Monday, September 19, 2016, we will refund your registration fee. If cancellation is received between 9/20/16 and 10/13/16, we will refund your registration fee less a $25 processing fee. Fees cannot be refunded for registrations cancelled after 10/13/16 or for no-shows. PHOTO/VIDEO RELEASE: By registering for the 2016 FIADA Annual Convention, I hereby grant permission to use any and all photographic imagery and video footage taken of me at this event and activities pertaining to this event, without payment or any other consideration. I understand that such materials may be published electronically or in print, or used in presentations or exhibitions.

HOTEL INFORMATION: Renaissance Orlando at SeaWorld. Hotel stay is separate from convention registration. Reservations must be made BEFORE SEPTEMBER 29, 2016 to qualify for group discount of $159 per night (plus tax) For reservations call (800) 468-3571.

Return this completed form, or register:

Mail: FIADA, 1840 Fiddler Court, Tallahassee, FL 32308 www.fiada.com

Fax: (850) 385-3251

Online: www.FIADA.com Call/Text: Dealer (800) 237-0448 July 2016 — Independent — 17

In June, NIADA celebrated its 70th Anniversary in Las Vegas with our largest convention yet and during this time we watched the FIADA set a few milestones along the way. It’s no secret that the FIADA has deeply rooted traditions and is known for grooming some of the best and brightest leaders in our association and that was evident at our June Convention where Florida leaders received some of the most prestigious awards given by NIADA. Scott Lanier of Orlando was named the NIADA National Quality Dealer of the Year for 2016-2017 and Lisette Mariner was recognized by her peers from around the country as the Association Executive of the Year. Frank Fuzy completed his year as NIADA president and was party to some of the biggest successes and decisions to move the association forward at the national level; too many to name here. My Florida roots in the car business and the time I served at the FIADA make me proud of my former home state, and the dealers and friends that I still consider family. Congratulations on your success and keep up the great work!!! At your service,

Steve Jordan CEO, NIADA

STARS OF THE

SUNSHINE

STATE

18 — Independent Dealer — July 2016

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July 2016 — Independent Dealer — 19

NIADA 2016

20 â&#x20AC;&#x201D; Independent Dealer â&#x20AC;&#x201D; July 2016

From Left to Right: Frank Fuzy joins other dealers in the CPO panel discussion | John Cousins with new members | Jim Kagiliery shares his experiences with the BHPH panel | Scott Lanier congratulated by Billy Threadgill | Lisette Mariner's Association Executive of the Year award | Chris Leedom presents a session on texting | Rob Sickles gives a legal update | Lisette Mariner and Kris Paranto | Florida members enjoy breakfast | Lisette Mariner and NIADA President Frank Fuzy | FIADA's Terry Myers and wife | Scott Lanier and family with Steve Jordan at the Quality Dealer of the Year awards

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July 2016 — Independent Dealer — 21

FROM DHSMV

A Reminder About the Proper Use of Dealer Plates JULIE W. GENTRY, CHIEF BUREAU OF DEALER SER VICES

Reports of fraud and misuse of dealer plates is on the rise, so take a moment to refresh yourself with the rules and regulations.

ection 320.13 (1) (a) , Florida Statutes, provides that a motor vehicle dealer may use dealer license plates on vehicles which are in inventory and for sale, or while being operated in connection with the dealer’s business, but are not valid for use on for hire vehicles. Section 320.27(3), Florida Statutes, requires proof of garage liability insurance (GLI) for motor vehicle dealers in order to obtain and maintain licensure. To ensure licensees have appropriate levels of insurance to cover the number of dealer license plates being used with their inventory and for other dealer purposes, it is necessary for insurance companies to include the number of dealer license plates reported to the carrier which must be viewed by the issuing agency at the time of issuance. The requirement for the inclusion of the number of plates reported to the carrier is supported by section 320.27(3) Florida Statutes, which reads in part, ”the application shall include other relevant information as may be required by the department…”

Our records indicate dealer plate misuse has occurred across the state. Some dealers are purchasing large amounts of dealer license plates at one time or over the course of time. An audit of some of these purchases revealed that the dealer had very low inventory, a small number of employees, and no explanation of the whereabouts of some of the dealer license plates. Other state’s law enforcement offices have contacted us advising that Florida dealer plates are being sold over the internet, on the streets, and being used for reasons other than those authorized by statute. Dealers are allowed the use of dealer license plates on vehicles in their inventory that are for sale or on vehicles that are used in conjunction with their business. There may be times when a dealer needs a large number of dealer license plates, however the dealer must report the number of license plates to the insurance company. The insurance company has an interest in where and how dealer license plates are being used. For example, some dealers have agents in other states attending vehicle

auctions and purchasing vehicles on their behalf. The insurance company may need to know who the agent is, what their driving history contains, where the vehicle will be used, and what purpose the vehicle will be used for in order to make sure it is properly insured. Dealers requesting to purchase dealer license plates are required to present the certificate of insurance document indicating the number of dealer license plates reported to the insurance carrier under the dealer’s garage liability policy. The number of dealer plate sales will be limited to the number listed on the certificate of insurance, and therefore, the dealer will not be authorized to purchase dealer license plates exceeding that number. If a dealer needs more dealer plates than what is currently indicated on the certificate of insurance, they will need to contact their insurance company for modifications to their policy, and must present a modified certificate of insurance with the increased number of dealer license plates indicated thereon.

FIADA is your number one source for advice and information. Technical questions, legal questions, regulatory questions...bring them on! SINCE 1940

Our network of industry veterans, professionals and consultants can help you find the answers you are looking for. Members can call or text us anytime at (800) 237-0448 or access our online resources 24/7 at www.FIADA. com. It pays to be a member!

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July 2016 — Independent Dealer — 23

R E C A L L U P D AT E

NHTSA Issues Urgent Call to Repair Recalled Hondas and Acuras FROM THE NATIONAL INDEPENDENT AUTOMOBILE DEALERS ASSOCIATION

Special alert and instruction for dealers with recalled vehicles in their inventory.

he National Highway Traffic Safety Administration released an urgent alert on model year 2001-2003 Honda and Acura vehicles equipped with defective Takata airbag inflators, urging their owners to have the vehicles repaired immediately. NHTSA said new test data on the vehicles has shown a far greater risk of ruptures during air bag deployment than previously believed – as high as 50 percent in some cases – prompting the agency's urgent call for any unrepaired vehicles in the affected population to be found and fixed before they cause further injuries or fatalities. The higher-risk vehicles include: · 2001-2002 Honda Civic · 2001-2002 Honda Accord · 2002-2003 Acura TL · 2002 Honda CR-V · 2002 Honda Odyssey · 2003 Acura CL · 2003 Honda Pilot NHTSA and Honda are asking for your assistance to find and fix the remaining unrepaired vehicles.

If you have any of the affected model vehicles in your inventory, you should immediately visit SaferCar.gov to check whether they have any outstanding safety recalls. If they do, please contact the nearest authorized dealer to schedule a no-cost immediate repair. Replacement parts for these vehicles are available immediately. 24 — Independent Dealer — July 2016

NHTSA said the airbag inflators in those vehicles contain a manufacturing defect that greatly increases the potential for a dangerous rupture when a crash causes the airbag to deploy. Ruptures are far more likely in inflators in vehicles that have spent significant periods of time in areas of high absolute humidity – particularly Florida, Texas, other parts of the Gulf Coast and Southern California. Testing of the inflators from those vehicles show rupture rates as high as 50 percent in a laboratory setting. The vehicles were recalled between 2008 and 2011. Honda has reported more than 70 percent of the higherrisk population of vehicles has already been repaired, but approximately 313,000 vehicles with the very dangerous defect remain unrepaired, NHTSA said.

are already under recall, NHTSA ordered Takata to perform additional ballistic testing following recent reports of ruptures. Eight of the 10 confirmed U.S. fatalities due to Takata ruptures – including the most recent in Fort Bend County, Texas – were among this population of vehicles. Honda has committed to immediately taking additional actions to enhance their efforts to find and fix recalled vehicles. Honda will provide additional information about their efforts. NHTSA has also directed Honda to report weekly on the progress of vehicle repairs.

The risk posed by the airbag inflators in these vehicles is grave, the agency said, and it is critical they be repaired now to avoid more deaths and serious injuries. Though the vehicles www.fiada.com

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July 2016 — Independent Dealer — 25

LEGAL ROUND-UP

A Look At Current Legal Issues BY THOMAS B. HUDSON AND NICOLE FRUSH MUNRO, HUDSON COOK, LLC

A monthly collection of selected legislative and regulatory highlights, and a recap of some of the many auto sale and financing lawsuits followed each month. COMPLIANCE TIP Signed up for the CFPB’s complaint portal yet? You need to be monitoring complaints from all sources, and the CFPB offers one more source for determining whether your customers are unhappy with you. And taking care of complaints is one of the most effective ways of staying out of the regulators’ crosshairs. What, exactly, are you waiting for?

due date because borrowers could not otherwise repay the loan. The report examined nearly 3.5 million anonymized, single-payment auto title loan records from nonbank lenders from 2010 through 2013. The CFPB concluded from its study that these auto title loans have issues similar to payday loans, including high rates of consumer reborrowing, which can trigger high costs in fees and interest.

FEDERAL DEVELOPMENTS Speaking of complaints, back in May, the CFPB released its monthly complaint report, which highlights trends in the complaint data the Bureau receives through its Consumer Complaint Database. The report includes complaint data specific to certain companies, overall complaint volume and complaint volume by state, and other trends in the data. Each month, the report spotlights complaints about a particular issue and complaints from a particular geographic location. The latest report focuses on complaints related to credit reporting and highlights complaints from consumers residing in New Mexico.

Warranty Rule Changes on the Way. On May 18, the FTC proposed to amend the rules governing Disclosure of Written Consumer Product Warranty Terms and Conditions ("Disclosure Rule") and Pre-Sale Availability of Written Warranty Terms ("Pre-Sale Availability Rule") to implement the E-Warranty Act, which allows for the use of websites to disseminate warranty terms to consumers in some circumstances. The Disclosure Rule specifies the aspects of warranty coverage that must be disclosed in written warranties, as well as the exact language that must be used for certain disclosures with respect to state law regarding the duration of implied warranties and the availability of consequential or incidental damages. Under the Disclosure Rule, warranty information must be disclosed in simple, easily understandable, and concise language in a single document. The warrantor must disclose any limitations on the duration of implied warranties on the face of the warranty, as mandated by the Magnuson-Moss Warranty Act. The FTC proposes to revise the Disclosure Rule to specify that disclosures mandated to appear 'on the face' of a warranty posted on an Internet website or displayed electronically must be placed close to

Are You Involved in Title Lending? On May 18, the CFPB released a report on the title loan business. The CFPB's report demonstrated that 20% of borrowers who obtain a singlepayment auto title loan have their car or truck seized by their lender when they default. Evidently, that means that 80% of these borrowers managed to get past their dire financial problems without having their cars seized, but that narrative doesn’t advance the CFPB’s agenda. According to the CFPB's research, lenders renewed more than 80% of these loans on the 26 — Independent Dealer — July 2016

the text of the warranty terms begins. The Pre-Sale Availability Rule details the methods by which warrantors and sellers must provide warranty terms to consumers prior to sale of the warranted item. The FTC proposes to revise the Pre-Sale Availability Rule to allow warrantors to post warranty terms on websites if they also provide a non-Internet method for consumers to obtain the warranty terms and satisfy certain other conditions. Are You Up To Speed on Your Credit Reporting Responsibilities? On May 9, the FTC announced a $72,000 settlement with Credit Protection Association, a debt collection agency, resolving allegations that the company violated the Fair Credit Reporting Act by failing to have adequate policies and procedures in place to handle consumer disputes of information the company provided to credit reporting agencies and by failing to adequately inform consumers about the outcomes of its investigations about disputed information. In addition to the civil penalty, the company will be required to adopt new procedures that comply with the requirements of the FCRA's Furnisher Rule. The FTC also released a blog post discussing its settlement with Credit Protection, noting that the case offers compliance guidance for other companies covered by the Furnisher Rule. Adios, Arbitration Agreements in Credit Contracts. On May 5, the CFPB issued a proposed rule limiting mandatory arbitration clauses in a wide variety of contracts. The CFPB is seeking comment on a proposal to prohibit companies from using class action waivers in pre-dispute mandatory arbitration clauses with www.fiada.com

consumers. Companies would still be able to include arbitration clauses in their contracts, but for contracts subject to the proposal, the clauses would have to say explicitly that they cannot be used to stop consumers from being part of a class action in court. The proposal provides the specific language that companies must use. The proposal also requires companies using pre-dispute arbitration agreements to submit to the CFPB claims, awards, and certain related materials filed in arbitration cases to allow the Bureau to monitor arbitrations to ensure that the process is fair for consumers. Comments on the proposed rule are due by August 22. LITIGATION Dealership's Inflation of "Cash Price" to Compensate for Trade-In OverAllowance Did Not Violate TILA: A consumer agreed to buy a new car from a dealership for $31,322. The manufacturer's suggested retail price for the car was $24,150. The dealership subtracted $3,500 from the $31,322

price for the car that the consumer traded in as part of a promotion in which the dealership agreed to provide a $3,500 discount for any trade-in, regardless of the trade-in's actual value, which in the consumer's case was close to $0. In cases where the dealership gives the $3,500 discount, the buyer agrees not to negotiate the sale price, and the dealership adds $3,500 to the sale price. The consumer sued the dealership for violating the federal Truth in Lending Act and the Connecticut Unfair Trade Practices Act. The federal trial court granted the dealership's motion for summary judgment. The consumer claimed that the dealership violated TILA by failing to accurately itemize the amount financed and failing to accurately disclose the finance charge in the retail installment contract she signed. Both arguments were based on the Continued on Page 28.

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July 2016 — Independent Dealer — 27

SUPPORT THE FIADA PAC Your PAC Contribution helps spread awareness and gain support of issues affecting independent dealers in the state’s capitol. There’s still time to get your contribution in before the session starts if you make it today.

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Make your check payable to FIADA-PAC and mail to: FIADA • 1840 Fiddler Court • Tallahassee, FL 32308 If making payment via credit card, you may fax your contribution form to 850.385.3251

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LEGAL ROUND-UP continued from Page 27.

fact that the dealership inflated the cash price of the car the consumer bought to compensate for the trade-in discount it gave her for a car with almost no value.

the consumer's federal claims, it declined to exercise jurisdiction over her state law claims.

First, the court found that the dealership accurately disclosed the finance charge. The consumer claimed that the increase in the sale price of the car to compensate for the trade-in discount constituted an undisclosed finance charge. The court disagreed, noting that because the dealership increased the sales prices of its cars to offset the trade-in allowances in both cash and credit transactions, the increase did not amount to a finance charge.

Just because the court found for the dealer on the Truth in Lending claim doesn’t mean the dealer is home free. The court didn’t rule on the buyer’s state law unfair trade practice claims, leaving the buyer free to bring those claims in state court. Note that we have seen these “$X dollars for anything you can push, pull, drive or drag” ad campaigns successfully attacked in other cases – you should avoid these sorts of advertisements. See Morales v. Barberino Brothers, Inc., 2016 U.S. Dist. LEXIS 59726 (D. Conn. May 5, 2016).

Second, the court found that the dealership accurately itemized the amount financed. The court noted that although the consumer agreed to a bad bargain, the itemization of amount financed represented a true and accurate description of the terms to which she agreed. After the court dismissed

Tom (thudson@hudco.com) and Nikki (nmunro@hudco.com) are partners in the law firm of Hudson Cook, LLP. For information, visit www.counselorlibrary.com. Copyright CounselorLibrary. com 2015, all rights reserved. Single publication rights only, to the Association. (2/16). HC# 4848-8454-3277.

THE INFORMATION YOU NEED IS JUST A CLICK AWAY

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July 2016 — Independent Dealer — 29

INDUSTRY NEWS New Email for DHSMV

CFPB Offers Consumer Education The Consumer Financial Protection Bureau is unveiling an “auto loan shopping sheet,” a step-by-step guide, and additional online resources as part of a new Know Before You Owe initiative aimed at helping consumers shop for an auto loan. The shopping sheet helps consumers see the total cost of a loan and make apples-to-apples comparisons among loan products. The Know Before You Owe auto loan initiative also walks consumers through each step of the auto finance process to help them decide how much they can afford to borrow and what options are right for them.

In case you missed it, the Dealer License Section of the Bureau of Dealer Services at the Division of Motorist Services e-mail address has changed to dealerservices@flhsmv.gov. Please ensure that e-mails you receive from this address are not deleted in error or moved to spam folders in your system.

Updated Form for Tag, Title, Registration Stops There is a new form to use when requesting a tag, title and registration stop. The C.O.D. TAG / TITLE / REGISTRATION NOTICE form has been updated by the Bureau of Dealer Services. The form has been updated to provide the correct verbiage and statute reference. Please cease using all previous versions and begin using this updated form immediately. You can find a link to this form in the Resources tab at www.FIADA.com.

TICE and TION NO /REGISTRA ED G / TITLE OUNTS OW C.O.D. TA AM of ____, fully Evidence __________ tion mber: ____ le Registra License Nu nsfer, Vehic , Driver’s Tra d by le Tit hicle ount charge I d for my Ve , and any am as I. e not yet pai or transfer) hav te I t pla w tha er (ne understand le to ly $10.00 Plate Numb E and Payab approximate le License DU en be we ll bet wi nd y and Vehic bra new them t will var ewal, or a Florida for e actual cos nsfer and ren the State of cessed. Th nsfer, a tra work is pro er it is a tra eth wh soon as the on as , depending ent serves and $600.00 6), this docum ation. ct from e 320.02(1 plate / registr te and distin rida Statut ents of Flo on are separa in em ati deuir istr tra req reg or / e the nies and the vehicl Pursuant to II. s y and all mo nts owed for r behalf wa t the amou ayment. An on my / ou , evidence tha vehicle’s rep owed for the a of by ed ase any amounts eiv rch s the pu of the down able) rec lic ard on rti app tow po (if nt me equity , and NO le. a down pay hic as Ve LY n of said credited ON Registratio , in er: le, Tag or VIN Numb ards the Tit going tow e Plate, t pay payment is no do e hicle Licens /W that if I pursuant tion, and Ve nd a, tra sta rid gis der Re Flo un ther Vehicle the State of III. I fur le Transfer, ACED BY name(s) to Vehicle Tit LL BE PL t my / our full, for the will submi istration N STOP WI STRATIO on or re-reg and a REGI the registrati 6), g tin 2(1 0.0 ven ES, pre Statute 32 CL a HI rid VE Flo S R to THE FACT MOTO ). AND THAT SION OF our name(s DOCUMENT THE DIVI t is in my / FOREGOING READ THE vehicle tha I/WE HAVE HAT T of the motor ARE ERJURY LTIES OF P UNDER PENA RE TRUE. IT A STATED IN

, I/WE DECL

Date:

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30 — Independent Dealer — July 2016

NIADA Partner DriveItNow Helps Independent Dealers Compete Online

Online pre-qualified monthly payment marketing technology provider DriveItNow joined with the National Independent Automobile Dealers Association to help independents compete more effectively with franchise dealers in online vehicle sales. DriveItNow can offer credit pre-qualification and digital marketing tools to help engage online monthly payment shoppers. Pre-qualified monthly payments are instantly calculated using the vehicle shopper's actual credit bureau, trade-in equity, bank finance programs and VIN-specific dealer inventory. DriveItNow features can be accessed through a website, email marketing and retargeting campaigns, social media, on the lot or in the showroom. “DriveItNow is a leader in the digital retailing marketplace and will help our members create a digital shopping experience that drives consumer engagement and corresponding sales growth,” NIADA senior vice president of member services Scott Lilja said. “The new program will propel qualified and profitable leads to our members and help them compete more effectively with franchise dealerships – all a big win for our members.”

Charleston Auto Auction and Dealers Help Homeless Students Charleston Auto Auction, an XLerate Group Auction, partnered with dealers to raise $15,000 for the Stall High School H.O.M.E. project, making a donation for every vehicle bought and sold from May 6th to May 27th. Stall High School, located in North Charleston SC, currently has 21 students with no home or idea where their next meal will come from. The Stall High School H.O.M.E. project grew from a need to find housing for these students who want to finish school and earn a diploma. “Charleston Auto Auction and their customers are dedicated to helping those in need, in the local area. The employees at Charleston Auto Auction and participating dealers truly care about our students who are homeless.” said Stall High School Principal Kim Wilson. “They have embraced the Warrior HOME and as a result it will soon be a reality.” www.fiada.com

2015-2016 FIADA EXECUTIVE COMMITTEE:

JIM WINTERICK, SR. President Gulfstream Motor Credit Miami, FL (305) 253-2335

LISA COMPAGNO Senior Vice President Palm Tree Auto Sales Stuart, FL (772) 288-2099

DINO MERCURIO Chairman of the Board Independent Credit, Inc. West Palm Beach, FL (561) 686-8673

BRAD JOEL CHRISTOPHER LEEDOM STEVE MARBAIS, CMD Regional Vice President Regional Vice President Regional Vice President Splish Splash Auto Sales Marbais Enterprises, Inc. AutoMaxx Princeton, FL 33032 Ocoee, FL Sarasota, FL (305) 258-1191 (407) 877-7422 (941) 309-1111

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SCOTT LANIER, CMD Treasurer Credit Cars Orlando, FL 32808 (407) 295-6211

GOVINDA ROMERO Secretary Autoflex LLC Gainesville, FL (407) 468-9974

PHIL RISLEY BRANDI NOEGEL Regional Vice President Regional Vice President Noegel’s Auto Sales Cars & Credit of Jacksonville Jacksonville, FL Starke, FL (904) 616-4074 (904) 964-6461

July 2016 — Independent Dealer — 31

MANHEIM FLORIDA ALWAYS NEARBY.

Manheim Daytona Beach 1305 Indian Lake Road Daytona Beach, FL 32124 386.255.2500 Sale: Wed 3 PM Total Resource Auction every Wed 2:30 PM Manheim Fort Lauderdale 5353 S State Road 7 Davie, FL 33314 954.791.3520 Sale: Fri 9 AM Total Resource Auction Tue 9 AM Ford Open Sale every other Fri Manheim Fort Myers 2100 Rockfill Rd Fort Myers, FL 33916 239.476.9800 Sale: Wed 4 PM Total Resource Auction every other Wed 3 PM Specialty Sale last Wed monthly 2 PM Galloway Direct Off Site Sale 2nd & 4th Tues 12 PM Manheim Jacksonville 10817 New Kings Rd Jacksonville, FL 32219 904.768.9981 Sale: Thurs 1 PM Total Resource Auction every Thurs 12:40 PM Manheim Lakeland 8025 N State Road 33 Lakeland, FL 33809 863.984.1551 Sale: Wed 2 PM Specialty RV/Boat Sale 1st Wed monthly 9 AM

32 — Independent Dealer — July 2016

Manheim Orlando 11801 W Colonial Dr Ocoee, FL 34761 Sale: Tues 9 AM Highline Exotic Sale Kicks off every 4th Tues 11 AM with Mercedes & BMW Chrysler Closed Factory Sale bi-weekly on Mon 12:30 PM GM Closed Sales bi-weekly on Mon 1 PM Nissan Infiniti Closed Sale 1st Wed monthly 9 AM Manheim Palm Beach 600 Sansbury Way West Palm Beach, FL 33411 561.790.1200 Sale: Thursday 9 AM Exotic Highline Sale every 4th Wed 9:30 AM Manheim St Pete 14950 Roosevelt Blvd Clearwater, FL 33762 727.531.7717 Sale: Thurs Weekly 2:30 PM inops Regular Sale 3 PM Manheim Tampa 401 S 50th St Tampa, FL 33619 813.247.1666 Sale: Thursday 9 AM Total Resource Auction Mon 9:30 AM at Cone Road location Ford Factory Sale every other Wed 10 AM Manheim Caribbean 1050 Carretera 865 KM 4.7 Bo. Candelaria Toa Baja, PR 00949 787.261.7300 Sale: Thurs 12 PM Salvage Sale Thurs 11 AM

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Manheim Central Florida 9800 Bachman Rd Orlando, FL 32824 407.438.1000 Sale: Wed 9 AM Total Resource Auction Wed 8:30 AM “Manheim Imperial Nights” Sale Tues 4 PM Specialty Heavy Truck & Equipment Sale Second Thurs Monthly at 10 AM