SINCE 1940
March 2013
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A Publication of the Florida Independent Automobile Dealers Association
Information and Insight for Florida Used Car Dealers
FIADA is all about representing your business, on your issues facing your industry. We need your voice to make it happen. Join us today.
6 UNLOCK THE POWER
FIADA IS YOUR NUMBER ONE BUSINESS RESOURCE
20 LEGISLATIVE UPDATE THE LATEST ON FIADA’S SURRENDER STOP BILL
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Dealer Independent
MAILING ADDRESS 1840 Fiddler Court Tallahassee, FL 32308 TELEPHONE (850) 385-2712 (800) 237-0448 FAX (850) 385-3251 WEBSITE www.FIADA.com EXECUTIVE COMMITTEE Christopher Leedom President Dino Mercurio Senior Vice President Brandi Noegel Chairman of the Board David Cox, CMD Secretary Paul Matton Treasurer Frank Fuzy Regional Vice President George Hickey Regional Vice President Steve Marbais, CMD Regional Vice President Jim Winterick, Sr. Regional Vice President Jim Winterick, Jr. Regional Vice President FIADA STAFF Lisette Mariner Executive Director Terry Myers Educational Instructor Sarah Langley Administrative Director Nicole Lee Development Administrator Amelia Tillman Administrative Assistant Christy Taylor Editorial/Advertising
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 March 2013
For members of the Florida Independent Automobile Dealers Association
C O L U M N S & F E AT U R E S 4
President’s Message Christopher Leedom
6
Executive Director’s Message Lisette Mariner
8
Dealer Membership Application We can’t do it without you! Join the FIADA now.
10
Membership News New, Renewing and Rejoining Members
12
Knowing When to Walk Away Passing on lender fees to customers can be a legal gamble. FIADA General Counsel Rob Sickles explains why it is not a good idea.
16
All Sales Tax Credits Are Not Created Equal Auto Dealers have a different set of rules to follow when it comes to getting a sales tax credit for repos, skips and bad debts. CPA Jorge Martinez points out the differences.
20
Legislative Update FIADA Lobbyist Sandra Mortham
22
It’s Renewal Time, Again Important information from the Bureau of Issuance Oversight, Division of Motorist Services for all dealers wishing to renew their license.
28
2013 FIADA Annual Convention & Trade Show Make plans now to attend the premier event for Florida’s independent dealers. Get a head start by sending in your registration now.
UPCOMING EVENTS April 19, 2013 FIADA Town Hall Meeting • 10am -2pm Palm Beach Gardens, FL
October 17-20, 2013 FIADA Annual Convention & Trade Show Disney’s Coronado Springs Resort Lake Buena Vista (Orlando), FL March 2013 — Independent Dealer — 3
FROM THE PRESIDENT
But wait, there’s more! BY CHRISTOPHER LEEDOM, FIADA PRESIDENT
W
hat if I told you for 89 cents a day you could have a team of professionals and peers working on your behalf to make your business run more efficiently and protect your livelihood? This team would help keep you abreast of the latest industry news and regulations and answer questions about advertising issues, employment and tax law and provide in-depth education on how to be a successful dealer . But wait, there’s more! Also, this 89 cents a day would also result in more than $10,000 in savings on everything from auction buy and sell fees to advertising discounts to Twenty Group and other consulting services and much, much more! Keep in mind, this 89 cents a day goes beyond the people working for you at the state level. You will also have a
drug discount, free subscriptions to national and state industry trade publications, access to nationwide skip tracing and, of course, much, more more! There is even a convention you can attend for a small additional fee of 65 cents a day! I could go on for another 10 paragraphs, but by now I’m sure you understand that by joining the Florida Independent Automobile Dealers Association (FIADA) and by extension the National Independent Automobile Dealers Association it is worth far more to you than 89 cents a day. As this year’s FIADA President I have worked closely with our staff and lobbyists and with fellow dealers who have graciously donated their time to improve our industry and work toward making things better for dealers across this state. I challenge you to explain why it is not worth 89 cents a day to be a member of the strongest peer group you will find in our state! In addition to all of these benefits the FIADA is at the forefront of advocacy for our livelihood. This issue is going to all registered dealers in the state of Florida. Not just FIADA members. This is our chance to share with you why you should join our ranks of membership and what we all do each and every day to protect our livelihood.
For 89 cents a day you can have a team of professionals and peers working on your behalf to make your business run more efficiently and protect your livelihood. team of professionals out working on your behalf at the national level in terms of dealer-advocacy. You will have political action committees and lobbyists working at the state and federal level as well and other PACs and lobbyists working in other states all with the interests of the automotive retail professional as a core value. But wait, there’s more! This 89 cents a day will also get you discounts on cell phone service, overnight delivery services, a prescription 4 — Independent Dealer — March 2013
I personally ask you to join FIADA today by either going online to www.FIADA.com and clicking on the Membership/Join FIADA Now! Tab, calling the office at (800) 237-0448 or using the membership application on page 8 of this magazine and either faxing it to (850) 385-3251 or mailing it to: FIADA, 1840 Fiddler Court, Tallahassee, FL 32308. It can’t get any easier than that. Good luck and have a great month! www.fiada.com
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August 2012 — Independent Dealer — 5 October 2012 — — Independent Independent Dealer Dealer — — 55 March 2013
EXECUTIVE DIREC TOR’S MESSAGE
FIADA: Your Number One Resource BY LISET TE MARINER, EXECUTIVE DIREC TOR
D
id you know that as a FIADA member you have access to an attorney to answer your burning legal and technical questions? Did you know that FIADA has seasoned veterans on the board who can assist with your questions too? Did you know that FIADA has a service provider directory listed on the FIADA website ? FIADA has a wealth of information just waiting for you to access. As a member, you have access to these benefits and much more. Your FIADA staff is ready to answer your questions and help you along the way. Whether you’ve been in the business for 50 years or are just starting out, FIADA is your resource. In this ever changing world, new compliance issues arise at a moment’s notice. You may encounter a particular situation you haven’t had to handle in a long time; remember to reach out to FIADA. We advocate for you at the Capital and keep up with all the regulatory issues to save you time and money. FIADA offers complimentary educational and networking opportunities, too. If you’ve never been, I invite you to attend one of our Town Hall meetings. Town Hall meetings are a way for you to get to know your FIADA Board of Directors, meet other FIADA members, and learn a little something along the way. We bring current and relevant topics to a town near you. On April 19th we’ll be at the Embassy Suites at 4350 PGA Boulevard, Palm Beach Gardens, Florida. We’ll be talking about the healthcare exchange and Rob Sickles, FIADA General Counsel, will
highlight legal issues that are becoming prevalent, as well as, answer your questions. As a FIADA member, legal assistance is one of your benefits and is only a phone call away! Get ready for another valuable resource coming October 17-20, 2013. This year, the FIADA Annual Convention will be at Disney’s Coronado Springs in Orlando, Florida. We’ll have fun with a Jimmy Buffett theme. Bring out your Tommy Bahama shirts and mix and mingle with some outstanding vendors and dealers. It’s not too early to register! Visit www.FIADA.com. While we offer tremendous value with all the resources mentioned, our best resource is You! Through your investment as a FIADA member, you can help lead the association in the right direction. You provide the fuel to keep the association running. Verify that your membership is current by visiting www.FIADA.com and click on “Resources” and “Find an FIADA dealer.” Dealers are listed in this online directory as an additional resource for consumers to find you. If you are not a FIADA member yet, use the membership application on page 8, visit www.FIADA.com or give us a call and JOIN NOW! FIADA staff is always available to assist you with the sign up process. I look forward to seeing you at an upcoming event.
Join us in Palm Beach Gardens for the next FREE Dealer Training and Town Hall Meeting. All Florida dealers are invited and encouraged to come. Go to www.FIADA.com to register or find out more. 6 — Independent Dealer — March 2013
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At MarkOne Financial there is more to approving a deal than just a number. In fact, credit scores aren’t even used in our programs. Our team of experts evaluate each deal on its own merit because ever y person has a unique life stor y. We work with our dealers and don’t lose sight of the value of an individual customer. Just one of many examples of how MarkOne does non- and sub-prime a little differently. Instead of rigid computer systems and credit scores, experience the full impact of our People Buying People ® philosophy. At MarkOne Financial, our only goal is to say, “If the deal makes sense, You’re Good to Go! ®”
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March 2013 — Independent Dealer — 9
MEMBERSHIP NEWS
New Members
Renewing Members
F E B R UA R Y 2 0 1 3
F E B R UA R Y 2 0 1 3
Ace automotive, inc. Seminole, AL Bonnie Post Sponsor: Kevin Scott American Contracting services, Inc. Cincinnati, OH Tony Balzano Sponsor: FIADA AUTO ADDICTS, INC. Bonita Springs, FL Steve Chirgwin Sponsor: FIADA.com AUTO FLEXI LEASE Miami, FL Dennis Soraghan Sponsor: FIADA.com AUTOLEG Ocala, FL Nik Rao Sponsor: Lisette Mariner AUTOPARK CAR SALES & RENTALS, LLC West Palm Beach, FL Serafettin Hancer Sponsor: FIADA.com BLUE CORAL AUTO SALES Fort Walton Beach, FL Nadean Moreno Sponsor: Terry Myers BUD’S MOTORS LLC New Port Richey, FL John Cunningham Sponsor: FIADA C AND B AUTO Ocala, FL Robert Brown Sponsor: Kevin Scott
EAST COAST ENTERPRISES OF VOLUSIA COUNTY Port Orange, FL Milton Rice Sponsor: Kevin Scott FLAVIO LAPA Tampa, FL Sponsor: Terry Myers FLORIDA SELECT PREOWNED AUTOS, LLC Sarasota, FL Floyd Ryder Sponsor: FIADA.com GREEN AUTO SALES Quincy, FL Chandler Clary Sponsor: Terry Myers GULFSTREAM MOTORS ACCEPTANCE CORP. Miami, FL Jim Winterick, Sr. Sponsor: James Winterick, Sr. HI TEC USA LLC, DBA ORLANDO AUTOS Orlando, FL Waleed Manzoor Sponsor: FIADA J&R AUTO SALES Jacksonville, FL Jahmel Richard Sponsor: FIADA.com jd byrider of bradenton Bradenton, MI Paul Maier Sponsor: Mike Rouen JOHNNY’S AUTO SALES Tallahassee,FL Johnny Gonzalez Sponsor: Terry Myers
10 — Independent Dealer — March 2013
K & d MOTORS Fernandina Beach, FL Kim Blair Sponsor: Terry Myers LOAN VALUE AUTO SALES, INC. Tampa, FL David Hodgdon Sponsor: Kevin Scott MAUDLIN INTERNATIONAL CONTINENTAL AUTO/TRUCK SERVICE CENTER Saint Augustine, FL Leo Giannini Sponsor: Terry Myers Nickolas Doll Orlando, FL Sponsor: Kevin Scott PERCISION MOTORS, INC. Davie, FL Kathryn O’Brien Sponsor: Ben Morrow SOUTHERN FLORIDA ENTERPRISES, INC. Doral, FL Emilio Mendez Sponsor: Jim Winterick, Sr. TITANIUM MOTORCARS Crawfordville, FL Marvin Libby Sponsor: Terry Myers TRANSCOR RECYCLING, LLC Tampa, FL Joseph Williams VALUE AUTO MAR, LLC Leesburg, FL Mark Vallery Sponsor: Kevin Scott ZEN MOTORSPORTS Oldsmar, FL Pete Larios Sponsor: FIADA.com
30+ Year Members Datura Auto Sales
West Palm Beach, FL
20+ Year Members Larry Condon Auto Sales Marbais Enterprises, Inc. Mears Transportation Group Ray’s Motor Sales, Inc.
Stuart, FL Ocoee, FL Orlando, FL Lake Wales, FL
10+ Year Members Adesa Auto Auction of Jacksonville
Jacksonville, FL
Under 10 Year Members Adesa Auto Auction of Sarasota Associated Automotive Group, Inc. Auto Direct Auto Express South B&A Auto Sales of Central FL Bonita Big Lot, Inc. Butler Auto Recycling Dealerbuilt Foreign Affairs Auto Gas Buggies Gator City Motors Greenlight Motors LLC JPM Sales, Inc. Kicklighter Auto Sales LLC Lake Park Auto Brokers Lane Mashburn Inc. DBA Amelia Auto Mart Najjar Auto Mall Inc. DBA Park Auto Mall Outdoor Recreation World, Inc. Owl Automotive Group, Inc. Palm Tree Auto Sales Pegasus Classic Cars, LLC Ponce Used Cars, Inc. Powerfun, INc. Purvis, Gray and Company, LLP Robin Rogerson RTG Auto Sales, LC Sharp Deal Automobiles Corp. The Connection Motors, Inc. The Garage, Inc. Yaris LLC
Bradenton, FL Oviedo, FL Parrish, FL Fort Myers, FL Winter Garden, FL Bonita Springs, FL Pensacola, FL Mason City, IA West Palm Beach, FL Lehigh Acres, FL Gainesville, FL New Port Richey, FL Orlando, FL Jacksonville, FL Lake Park, FL Fernandina Beach, FL Pinellas Park Panama City, FL Longwood, FL Stuart, FL West Palm Beach, FL Fort Myers, FL Tavares, FL Gainesville, FL Winter Haven, FL Tarpon Springs, FL Hialeah, FL Miami, FL Doral, FL Orlando, FL
Rejoining Members F E B R UA R Y 2 0 1 3 JIMMIE WELLS AUTO SALES, INC. Saint Augustine, FL Maryann Scullen Sponsor: FIADA HALLMARK DRIVING, INC. Live Oak, FL Stanley Humphries Sponsor: Lisette Mariner
berlin motors Fort Lauderdale, FL Robert Fuegert Sponsor: Amelia Tillman WE DEAL TRUCKS LLC Jacksonville, FL Bill Dukes Sponsor: Kevin Scott
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L E G A L U P D AT E
Knowing When to Walk Away Don’t take a gamble by passing on lender fees to your customers. Without the legal ability to do so, the stakes are just too high. By ROB SICKLES, FIADA gENERAL COUNSEL
M
ore and more often, I am hearing about situations where customers cannot be financed through traditional lending sources. Ultimately, these customers end up being shopped to sub-prime lenders and some of these sub-prime lenders condition the acceptance of an assignment of these Retail Installment Sales Contracts on receiving a discount of either a set dollar amount or a percentage of the face value of the contract. These discounts can reduce or eliminate a dealership’s profit on the transaction. Not being able or willing to pay lenders to facilitate the customer’s purchase of a vehicle, which in some cases can be as much $2,000 or $3,000, some dealers have been attempting to pass along these fees to the customer. Unfortunately, the laws and regulations dealing with passing along these type of fees to customers severely restricts a dealer’s ability to do so. All dealers should therefore be familiar with these rules to protect themselves from potential liability. A brief discussion on the nature of retail installment sales in Florida will 12 — Independent Dealer — March 2013
be helpful in understanding the laws relating to lender fees and how they work. Separate Transactions Chapter 520 of the Florida Statutes governs the sales transaction through which a customer acquires a vehicle from an auto dealer in a retail installment sale. The dealership is the selling entity and under a strict interpretation of both Chapter 520 and the Retail Installment Sales Contracts that are generally utilized for these transactions, the dealership sells the vehicle to the customer and agrees to accept payments over time (i.e., in installments). Hence, a “retail installment sale” is simply a sale through which the dealership has agreed to accept payments over time in exchange for interest. Virtually all Retail Installment Sales Contracts contain language that allows them to be assigned to lenders in the same manner as other forms of commercial paper. These assignment provisions generally do not discuss terms, so dealers and finance companies, as business entities, are generally free to agree to whatever terms they wish. Because the retail installment sale and subsequent assignment are, at least
in the eyes of the law, viewed as two separate transactions, the terms under which a dealer can sell its contracts to a lender cannot be determinative of the terms of the transaction between the dealer and the customer. In fact, Florida has certain restrictions on what it terms “Credit Service Organizations,” which are generally defined as persons or businesses that arrange for customers to obtain credit with third parties for a fee. Dealers are exempt from this Chapter if they have a Chapter 520 license because that license makes the dealer a lender. While in the real world many dealers’ finance departments operate as if they are credit service organizations, the law does not view them as such. Lender Fees As lender fees are more and more commonly standing in the way of dealers getting their customers financed, many dealers are looking for solutions to the problem. However, many of the most common solutions currently being utilized by dealers expose them to liability. For example, the most common method of dealing with this problem is simply to increase the purchase price and explain to the customer that the price had to be increased in order Continued on Page 14. www.fiada.com
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PASSING ON LENDER FEES continued from Page 12.
to cover the lender fee. Many times, customers will agree to the increase because they recognize that they do not have good credit and they simply want to buy a vehicle. Unfortunately, even with customer consent, a host of issues can arise when the price is increased to cover a lender fee. Among the issues raised by simply increasing the price are potential violations of the Truth in Lending Act and Regulation Z, Florida’s advertising laws, Chapter 520 and possibly Florida’s Deceptive and Unfair Trade Practice Act. I have defended cases where customers have purchased vehicles under these very situations only to return later with an advertisement claiming that they were sold the vehicle at a higher price than what was advertised. Keep in mind, prices written on vehicles are also “advertised prices” in Florida. As such, any customer with a camera-phone
can easily take a picture of a vehicle’s sticker price and contrast it with the final documents for very strong evidence that the price was increased. Further, even if a customer agrees to a price increase to cover the lender fees, it is difficult to prove and not always a defense to every type of claim. Adding to the problem is that, in most instances, the “lender fee” will be deemed a finance charge under both the Truth in Lending Act and its Florida equivalent, which are the provisions of Chapter 520 dealing with finance charge limitations. Thus, the lender fee must not only be disclosed, but it must also be included in the finance charge and the total finance charge must still comply with Florida’s usury laws. This is often extremely difficult when the Retail Installment Sales
Contract already contains a high rate of interest. There are also limitations contained in the Administrative Code provisions governing Chapter 520. Particularly, Florida Administrative Code Provision 69V-50.075 governs “Prepaid Finance Charges” in Florida. This provision states “[a]ny fee designated as a loan processing fee, not to exceed $200 on a motor vehicle retail installment contract shall be treated as a prepaid finance charge and disclosed as pursuant to Section 520.07(2)(a)3, Florida Statutes.” Thus, the current law in Florida is that only $200 may be passed along for a loan processing fee and this fee must be disclosed in the Retail Installment Sales Contract as a prepaid finance charge. A dealership’s failure to follow these requirements and limitations
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could subject it to additional claims under Chapter 520. Potential Solution To the extent that a lender is seeking a lender fee in excess of $200, or if the inclusion of the lender fee as part of the finance charge in the Retail Installment Sales Contract would render the interest rate too high to be permissible under Florida law, a dealer has virtually no compliant options for passing along these charges to the consumer where a price has been agreed upon or advertised. One option may be for dealers to hold-off on completing the transaction if they cannot obtain a waiver of the lender fee or absorb the lender fee as part of the deal. Dealers are under no obligation to finance vehicles for customers if the terms under which you are able to assign the resulting Retail Installment Sales Contract is not agreeable to you. You would still need to honor the agreed upon price if the customer had financing or was paying cash, but absent the customer coming up with one or the other, dealers do not need to complete the deal. This assumes that the dealer has not completed the paperwork for the sale and delivered the vehicle to the customer. If these things have happened, then the dealer could be unable to get out of the deal.
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I know it is not always easy to walk away from a sale, but in some situations it could be a dealer’s best option. Robert E. Sickles is a partner in the Tampa office of Hinshaw & Culbertson LLP. He is the outside general counsel to the Florida Independent Automobile Dealers Association and can be reached at (800) 237-0448. www.fiada.com
March 2013 — Independent Dealer — 15
C PA C O R N E R
All Sales Tax Credits Are Not Created Equal The rules are different for auto dealers calculating sales tax credit for repos, skips and bad debts. Here’s how. By Jorge martinez, cpa
A
utomobile dealers are in a unique situation as it applies to Florida Sales Tax. The Department of Revenue rules for auto dealers are different from all other retail sellers. This difference has been questioned and challenged, but each time, the Department has held firm in its position. Let me explain. First, all retail sellers of tangible property must pay the sales tax to the state as of the date the property is sold, whether it is sold for cash or on an installment contract.
16 — Independent Dealer — March 2013
Second, if the property is repossessed or if a skip or bad debt occurs, a credit based on the sales tax previously paid can be claimed on the current sales tax return. The problem arises in the method of computing the amount of the credit. All retail sellers, except auto dealers, compute the credit by looking at the unpaid principal balance of the account. This balance is based on the amortization schedule they use to compute the payments under their installment contract. Auto dealers, on the other hand, must use a different method. They must take the purchase price of the sale, less trade-in, less cash down, and divide it by the number of payments on the original contract to arrive at an equal monthly principle payment.
This completely disregards the fact that principal is lower, and interest is higher, during the earlier months of the contract. Nevertheless, this principal amount is multiplied by the number of months left in the contract and then by the sales tax rate for their county to determine the amount of the sales tax credit. For vehicles repossessed early in the contract, this method results in a lower sales tax credit than the method used by everyone else. “This is unfair”, you shout. Unfortunately, the cry falls on deaf ears at the Department of Revenue. There have been informal conferences, appealed audits, requests for technical advice, and they all end up with the same result: Sorry, this is the law and we cannot, or will not, change it. To help compute the credit, the Department of Revenue has prescribed a form that guides the dealer through the computation, Continued on Page 18 www.fiada.com
SALES TAX CREDITS continued from Page 16.
Form DR-95B. This only makes the math easier; it does not make it easier to live with the fact that the credit is a smaller amount. Also remember that you have twelve months from the date of repossession in order to claim the credit. If you have not claimed the credit for prior months, you can combine the credit and report them all at one time. If the dealer also has a finance company to which he sells accounts receivable, there is another issue to complicate matters. Only the original seller of the vehicle is allowed to take the credit; therefore, if the finance company repossesses the vehicle, it has to sell the contract back to the dealer in order for the dealer to be eligible for the credit. This is but one of many tax issues that challenge the Buy-Here Pay-Here industry.
Another issue to consider is that of sales tax on consignment sales. If an auto dealer sells a car for a nondealer and/or another auto dealer, the tax should be collected and remitted by the consignee, not the consignor. In other words, the auto dealer who has the vehicle on consignment is responsible for reporting the sales tax. In addition, you should be aware that the Florida Department of Revenue attempts to match the information provided from an auto dealer’s titling work to the corresponding information provided on the auto dealer’s sales tax returns. From this the Department of Revenue can vouch that sales data and related taxes are being remitted correctly. This reinforces the fact that if you are doing the titling work for consigned vehicles, then you should also be
reporting the related sales on your sales tax returns. We would be glad to meet with you to discuss this and any other issues relating to your business. Our initial consultation is on a no cost, noobligation basis. Please call for an appointment. Jorge Martinez is the Managing Partner of Marinez & Associates. He may be reached at (407) 834-0777 or by email at info@moacpa.com. The information included is general in nature and abbreviated and is not intended to be considered tax advice. Anyone reading this information is advised to seek advice from his or her own tax professional regarding applicability of this information to his or her own circumstance.
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March 2013 — Independent Dealer — 19
L E G I S L AT I V E U P D AT E
It’s Official! HB 925 and SB 1044 Have Been Filed By Sandra Mortham, FIADA lobbyist
A
s your lobbyist in Tallahassee, I am happy to let you know that the critical first step has been accomplished to get your problem solved regarding Surrender Stops in Florida. You can now officially contact your legislator in your area of the state to let them know how important this legislation is to your business. They need to hear from you and know that by passing this bill they are making a difference
in providing the opportunity for jobs and a better climate to purchase vehicles for their constituents. Here is the synopsis for the bill: GENERAL BILL by Stargel Liens on Motor Vehicles and Vessels; Amending a provision relating to a list of persons who may not be issued a license plate, revalidation sticker, or replacement license plate for failure to
surrender a vehicle pursuant to notice provided by a lienor; directing the Department of Highway Safety and Motor Vehicles to withhold renewal of registration and replacement registration of vehicles; providing for a court order to remove a person’s name from such list; requiring the notice to surrender a vehicle to be signed under oath by the lienor, etc. It has now been referred to the following Senate Committees: Transportation (TR), Judiciary (JU), Appropriations (AP). Senator Jeff Brandes (D-22) is the Chair of the Transportation Committee and Senator Tom Lee (D-24) is the Chair of the Judiciary Committee. Please contact them as the bill now moves into their focus. At the same time, contact your elected officials in the Florida House and Senate and and ask
Use this form to make your contribution, and mail to the FIADA office at 1840 Fiddler Court, Tallahassee, FL, 32808
Make your check payable to FIADA-PAC and mail your contribution to: FIADA • 1840 Fidler Court • Tallahassee, FL 32808
20 — Independent Dealer — March 2013
www.fiada.com
them to support HB 925 and SB 1044 by signing on as a Co-Sponsor in their respective chambers. E-mail and stop by to meet them in person, if you can.
license plates or vehicle registrations until the vehicle is recovered or the lien holder removes the person’s name from the list.
The more contact we have with our locally elected officials – by not overlooking those closest to us for support – the more impact Florida’s independent dealer body will have in getting this critical legislation passed into law and the stronger your relationships will become with those that govern and can impact our industry.
In September 2012, the Department stopped enforcement of F.S. 320.1316 due to pending legal action. At that time the Department reported 21,000 Surrender Stops in place and had handled only a handful of disputes relating to Surrender Stop challenges. The Department’s legal staff determined that because the current language included “may” and not “shall”, the Department could stop enforcement.
TALKING POINTS FOR HB 925 AND SB 1044 During the 2008 Session, the Legislature passed SB 1992, which created the Automobile Lenders Industry Task Force within the Department of Highway Safety and Motor Vehicles (department) to investigate problems within the industry. In 2009, the Florida Legislature enacted Florida Statute Section 320.1316 based upon a recommendation from the Automobile Lenders Industry Task Force. Under this Statue, when a lienholder notified the Department that a registered owner refused to comply with a demand for surrender, the driver’s name was placed on a list called “Surrender Stop.” Drivers on this list were not allowed to be issued www.fiada.com
The continuation of the Surrender Stop will limit the number of court actions that are filed by lienholders in order to recover vehicles that are being concealed or hidden. Because of the Surrender Stop, lien holders could forego filing court actions to recover these vehicles because the vehicles would not be able to be re-registered. As a result, lien holders could wait out those persons that were concealing vehicles. Since these protections have been halted, lien holders have no recourse
SB 1044 and HB 925 provides changes to Sections 320.136 and 320.02 that provide registered owners of vehicles with recourse in the event that they feel aggrieved by the Surrender Stop while simultaneously eliminating any burdens on the Department and protecting lienholder rights that are currently in existence. SB 1044 and HB 925 are very similar to how a customer can challenge a motor vehicle repair shop’s lien or a towing storage lien by filing a court action and posting a bond. This statute protects consumers and lien holders. It does not afford lienholders any new benefits, while greatly increasing the benefit to the consumer in the form of a right to cure, and allowing attorney fees for the prevailing party.
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Before visiting your legislator’s office or making a call, review the talking points below. If you have questions about any of the talking points, call your FIADA office. Your Executive Director Lisette Mariner is totally up to speed on our issue and has been fantastic in helping me provide the information necessary for Sen. Stargel and Rep. Rooney as the bill’s sponsors. Remember, we can’t do it without you.
but to file judicial actions to recover these vehicles and cause an immediate increase in the number of suits being handled by an already overburdened court system. If the new law is passed, courts would only potentially receive actions from the handful of aggrieved individuals challenging the Surrender Stop.
March 2013 — Independent Dealer — 21
DHSMV NEWS
It’s Renewal Time, Again The Bureau of Issuance Oversight, Division of Motorist Services has a message dealers about upcoming deadlines and requirements to renew your dealer license.
I
t is renewal time for Independent (VI), Auction (VA), Salvage (SD) and Wholesale (VW) dealers for licensing period 5/1/2013-4/30/2014. The Department encourages all dealers to be proactive and renew ahead of their license expiration. The Dealer License Section, Bureau of Field Operations, Division of Motorist Services sent on 2/14/2013 a renewal notice (below), renewal application and regional office list to 9,639 Independent (VI), Auction (VA), Salvage (SD) and Wholesale (VW) dealers. Breakdown: Independent dealers: 9,165 Auction dealers: 78 Salvage dealers: 336 Wholesale dealers: 60 TOTAL 9,639 Those without e-mail address (356 dealers) have been mailed the renewal notice and application. Dealers without an e-mail address are requested to provide a business e-mail address on their renewal application as all communications from the Department are electronic.
IMPORTANT RENEWAL NOTICEPLEASE COMPLY BY APRIL 30, 2013. CONTACT YOUR LOCAL REGIONAL OFFICE WITH ANY QUESTIONS OR CONCERNS To all independent dealers, auction dealers, wholesale dealers and salvage dealers licensed in the State of Florida Your current license will expire on April 30, 2013. The attached renewal application form HSMV 86720 for Motor Vehicle, Mobile Home, or Recreational Vehicle Dealers is being provided for the renewal of the primary location and supplemental locations (if applicable) on your Florida dealer’s license. The renewal license is for the licensure period May 1, 2013, through April 30, 2014. Additional copies of form HSMV 86720, “Renewal Application for Motor Vehicle, Mobile Home, or Recreational Vehicle Dealers” can be located at the Department’s website at http://www.flhsmv.gov/ dmv/forms/BFO/86720.pdf. Please note that for your convenience, a list of the Division of Motorist Services, Regional Offices, and a list of Department approved dealer training
DON’T FORGET YOUR CE CREDIT! One of the requirements for renewing your dealer license is a certificate of completion for either a Continuing Education (CE) course or a pre-licensing Dealer Training Seminar. FIADA can help you meet that requirement. Find a class or take one online at www.FIADA.com and click on DEALER TRAINING SCHOOL.
22 — Independent Dealer — March 2013
schools and check lists of required documents for the primary and supplemental locations for specific license categories have been provided with form HSMV 86720. You can also access the list of Regional Offices at http://www.flhsmv.gov/dmv/ BUR_Field_Ops_Address.pdf and the Dealer Training Schools at http:// www.flhsmv.gov/dmv/L_Dealer_Trng_ Sch.pdf. To ensure that your license stays active, your renewal application, all required documentation, and fees must be submitted to the Division of Motorist Services, Regional Office responsible for your dealership on or prior to April 30, 2013. INDEPENDENT (VI), WHOLESALE (VW), AUCTION (VA), AND SALVAGE (SD) MOTOR VEHICLE DEALERS are required to submit the following documentation with their renewal application: Primary Location: • Completed license renewal application form HSMV 86720. • $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. • 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. • Proof of Garage Liability insurance which must include at a minimum, $25,000 combined single limit liability coverage including bodily injury and www.fiada.com
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LICENSE RENEWAL continued from Page 22.
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insurance policies. Please Note: Salvage Dealers are exempt from submitting a proof of garage liability insurance coverage. • Dealer License Continuing Education course certificate of completion or a pre-licensing Dealer Training Seminar for independent dealers only. • 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).
Supplemental Location: • Completed license renewal application form HSMV 86720 including current business e-mail address. • $50 renewal fee. • A copy of the surety bond, irrevocable letter of credit, or continuation certificate that was filed with the renewal of the primary lot. • A copy of the certificate of garage liability insurance or a general liability insurance policy coupled with business automobile policy that was submitted with the primary location renewal application. This certification 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. Please Note: Salvage Dealers are exempt from submitting a proof of garage liability insurance coverage. A renewal filed with the Department within 45 days after the expiration date shall be accompanied by a delinquent fee of $100 for a total renewal fee of $175. Delinquent renewal applications will only be Continued on Page 26.
24 — Independent Dealer — March 2013
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accepted through June 14, 2013. Thereafter, you will have to apply for a new dealer license with an original application form and required fees. If you allow your license to expire, you must cease operations on May 1, 2013, and will not be able to engage in motor vehicle sales transactions until the renewal process has been
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86056, application for a License as a Motor Vehicle, Mobile Home, or Recreational Vehicle Dealer . All other modifications to your dealer license should be submitted using form HSMV 86072,”Modification to Dealer License for Licensed Motor Vehicle, Mobile Home, or Recreational Vehicle Dealers.” Please submit this form to your Division of Motorist Services, Regional Office with your renewal application. For future reference any change in corporate information should be submitted to your local Division of Motorist Services, Regional Office at the time the change occurs. As you are aware, the Department has moved to electronic communication of important notices, renewals and legislative changes to the licensed dealers statewide. Therefore, it is important for you to update your renewal application with a current business e-mail address for your dealership. Please avoid using e-mail addresses of your staff on the application, as notices may not reach your dealership if the staff member no longer works at the dealership. Please advise the Regional Office responsible for your dealership of changes in your business e-mail address immediately. It is our desire to provide prompt and courteous service to our dealers. Please help us to help you by submitting your renewal application and all supporting documentation no later than April 30, 2013. If you have any questions, feel free to contact your Division of Motorist Services, Regional Office. Valuable information on licensing procedures and requirements can be accessed at the Department’s website at http://www.flhsmv.gov/ html/titlinf.html and selecting “Dealer, Manufacturer, Distributor and Importer Information.” www.fiada.com
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February 2013 — Independent Dealer — 27
October 17-20, 2013
Disney’s Coronado Springs Resort Lake Buena Vista (Orlando), FL
You’ll be as happy as a Cheeseburger in Paradise when you throw on your flip-flops and cruise on down to the FIADA Convention for: Continuing Education Opportunities Q & A Sessions on Legal and Regulatory Issues Networking Events with Dealers and Vendors Entertainment, Prizes, Lots of Fun AND MUCH MORE! PLUS...Take a tour of the best auto dealer industry Expo in the state, packed with leading vendors and suppliers that can help your business succeed!
REGISTRATION is now open for the 2013 event! Use this registration form or go online to WWW.FIADA.COM and cick on Events. HOTEL ACCOMMODATIONS:
Disney’s Coronado Springs Resort
Room Rate is $139 per night/plus tax. No resort fee and complimentary self-parking. Reservation Line: (888) 557-6375 Reservations must be made by 9/17/13 to receive group rate. Space is limited.
2013 FIADA ANNUAL CONVENTION REGISTRATION FORM COMPANY INFORMATION Company:_____________________________________________________________________________________________________ Address:__________________________________________________ City, State, Zip:_______________________________________ Phone:____________________________________________________ Fax:_______________________________________________ E-mail:___________________________________________________ Website:____________________________________________
REGISTRATION INFORMATION FIADA MEMBER DISCOUNTED REGISTRATION RATES
EARLY BIRD REGULAR ON-SITE (2/1 - 8/31) (9/1 - 10/11) (10/12 - 10/20)
FULL ACCESS PASS Badge Name:__________________________________________________________
[
] $249 [
] $299 [
] $349
ADDITIONAL FULL ACCESS PASS Badge Name:__________________________________________________________
[
] $195 [
] $195 [
] $195
Badge Name:__________________________________________________________
[
] $195 [
] $195 [
] $195
SPOUSE FULL ACCESS PASS Badge Name:__________________________________________________________
[
] $100 [
] $100 [
] $100
EDUCATION PASS Badge Name:__________________________________________________________
[
] $99
[
] $124 [
] $149
FULL ACCESS PASS Badge Name:__________________________________________________________
[
] $299 [
] $349 [
] $399
Badge Name:__________________________________________________________
[
] $195 [
] $195 [
] $195
Badge Name:__________________________________________________________
[
] $195 [
] $195 [
] $195
SPOUSE FULL ACCESS PASS Badge Name:__________________________________________________________
[
] $100 [
] $100 [
] $100
EDUCATION PASS Badge Name:__________________________________________________________
[
] $124 [
] $149 [
] $175
MEMBER
NON-MEMBER REGISTRATION RATES
NON MEMBER ADDITIONAL FULL ACCESS PASS
F_ ULL 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.
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 Tuesday, September 17, 2013, we will refund your registration fee. If cancellation is received between 9/18/13 and 9/30/13, we will refund your registration fee less a $25 processing fee. Fees cannot be refunded for registrations cancelled after 10/1/13 or for no-shows. Photo/Video Release: By registering for the 2013 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: Disney’s Coronado Springs Resort. Hotel stay is separate from convention registration. Reservations must be made BEFORE SEPTEMBER 17, 2013 to qualify for group discount of $139 per night (plus tax) For reservations call (888) 557-6375.
Mail/Fax/ONLINE registration: FIADA, 1840 Fiddler Court, Tallahassee, FL 32308 FAX 850.385.3251 www.FIADA.com
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