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since 1940

July 2010

www.FIADA.com

A Publication of the Florida Independent Automobile Dealers Association

Information and Insight for Florida Used Car Dealers

FIREWORKS CONTINUE OVER THE

CONSUMER FINANCIAL PROTECTION BUREAU. Will Dealers Be Exempt? Find out what this federal legislation says, and if your dealership will be affected on page 14.

PERMIT NO. 801 TALLAHASSEE, FL

PA I D PRST STD U.S. POSTAGE

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July 2010 — Independent Dealer — 


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 — Independent Dealer — July 2010

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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

Greg Edwards President Jim Kagiliery Chairman of the Board Jeff Gann Senior Vice President Jeff Zupec Secretary Dino Mercurio Treasurer

Mario Allmond Regional Vice President Brandi Noegel Regional Vice President George Hickey Regional Vice President Steve Marbais, CMD Regional Vice President John Cousins Regional Vice President FIADA STAFF Steve Jordan Executive Director Ginger White Director of Membership Recruitment & Retention Terry Myers Educational Instructor Sarah Langley Membership Coordinator Alex Romans Education Coordinator Christy Taylor Editorial/Advertising

POSTMASTER:

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

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Contents July 2010

For members of the Florida Independent Automobile Dealers Association

C O LU M N S & F E AT U R E S 4

Greg Edwards

6

Rob Sickles

7

Frank Fuzy is NIADA Region II Vice President

8

Stand together. Protect your business. Contribute to the FIADA PAC.

10

President’s Message Legal Briefs

Make Your Contribution to the FIADA PAC 50 Years and Still Going Strong

Veteran Bill Haven is over 70 and not about to slow down. Find out how he’s spent the last half-century building an iconic business.

14

Will dealers be exempt from pending legislation?

18

John Grant, FIADA Lobbyist

21

Fast Cars and Freedom: FIADA’s Annual Convention & Expo

Fireworks Continue Over Consumer Financial Protection Bureau Legislative Update

UPCOMING EVENTS October 15-16, 2010 FIADA Annual Convention & Expo Tradewinds Resort St. Pete Beach, FL

July 2010 — Independent Dealer — 


FROM THE PRESIDENT

Let FIADA Help You Get It Done Right BY GREG ED WARDS

R

emember in January when we were in the middle of the coldest winter Florida has ever had, and we were all praying for it to warm up? I think Mother Nature has a sense of humor, because now it is too warm! The dashboard temp says 106 and, unfortunately, that number sounds pretty accurate. Isn’t that just how we are, though? When it is cold, we want it warmer. When it is hot, we want it cooler. Never satisfied with the current state of affairs, we always are looking for that greener pasture just on the other side of the fence. Even if we have never seen it (or are not even sure it exists), we dream about it and imagine how good it will be when we get there. Ambitious goal-setting and good old-fashioned daydreaming have their place, but always need to be tempered with a healthy dose of reality. You cannot live your life, or run your business, with an “if only” attitude. Well, I guess you could but if you do I’m afraid you would be setting yourself up for some big disappointments. Sometimes you have to look at the situation, figure out where you want to go and map out a way to get there. If you need more sales, try to figure out what is not working. Maybe you need to freshen up your marketing efforts. Are you buying the right inventory for your customers? Have you thought “out of the box” with different financing options and incentives that would bring someone in the door? If you get down to the root of the problem, chances are you’ll find a way to fix it. A word of caution though, if you really want to fix the problem, for good, you have to be prepared to put in some hard work and make an investment. A “quick fix” only holds for so long. Eventually you’ll have to put in the time and effort to get the job done right. Where am I going with this? There is no doubt that  — Independent Dealer — July 2010

we are still in the middle of some difficult times. The economy may be showing some signs of life, but nowhere near where it needs to be. Talks of national sales taxes and even more federal regulations, like those proposed in the Dodd-Frank Act (see page 18) are going to affect your business in ways you might not have even considered. If you want to survive, you’re going to need to prepare and possibly learn a new way to make your same-old business work. Now, more than ever, you need your Association. The FIADA can help you with all of those things and more. Membership gives you access to attend board meetings and serve on committees where you can serve side-byside with dealers who have been in this business for half a century and can problem-solve like nothing you’ve ever seen. Membership qualifies you to take advantage of discounted vendor programs and benefits that can beef up your bottom line through affiliate programs and coupon books. Membership educates you about new laws, regulations and responsibilities at town hall meetings and educational seminars, as well as providing you with electronic versions of “how-to” manuals and downloadable materials at www.fiada.com so you don’t have to take the time to create them yourself. Membership also gives you the opportunity to donate to the PAC Fund and shape the political atmosphere that regulates your business. The FIADA Annual Convention and Expo is coming up, Oct. 15-16 in St. Pete. At $249 for a corporate registration, I’m confident you will not get a better value for the money. We’re putting the finishing touches on a seminar and speaker schedule that will be highlighted by experts and advisors who have unmatched experience in the industry and are ready to help you get out of the trap of “quick fixes” and get it done right, once and for all. If that sounds good, then turn to page 22 and register now! www.fiada.com


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July 2010 — Independent Dealer — 


LEGAL BRIEFS

Arbitration Cheaper and Less Risky?

Two recent court decisions may lead the way B y R ob S ick les

A

nyone that has read my prior articles regarding arbitration or that has heard me speak on the pros and cons of the use of an arbitration agreement at a dealership may recall that two of the “cons” I ask dealers to consider prior to utilizing an arbitration agreement are: 1) the potential costs that can be incurred by a dealership in attempting to have a lawsuit stayed and sent to arbitration and 2) the risks of having a class action certified in arbitration. First, arbitration agreements do not stop consumers from filing actions in court. Rather, consumers can still file court actions, and dealers that have arbitration agreements must request that these

addressed before a dispute is sent to arbitration. Among these issues are questions regarding the authenticity of the signatures on the arbitration agreement, issues pertaining to the unconscionability of the arbitration agreement’s terms or the way that it was formed, and other factors including carve outs or limitations on the authority of the arbitrator. Because Florida recognized the right to have an evidentiary hearing on these issues, plaintiffs’ attorneys could engage in discovery related to these issues and Florida law allows for an immediate appeal of a decision compelling or denying arbitration. When all of these considerations are factored into the equation, the end result could be a dealer spending thousands of dollars just to get to arbitration.

Arbitration agreements do not stop consumers from filing actions in court. court actions be halted, pending the completion of arbitration. This sounds like a simple process; however, Florida law requires an evidentiary hearing in order to determine certain “threshold issues” that courts have said need to be

Even after a matter was sent to arbitration, there was a risk that the plaintiff would attempt to have his or her claim proceed as a class action, unless certain exclusions were in your arbitration agreement. Unfortunately, a prohibition on

a plaintiff proceeding as a class representative or as a member of a class is one the issues that could be used to challenge an arbitration agreement. Two recent decisions by the United States Supreme Court have addressed these two “cons.” First, the Supreme Court has rejected the notion that a class arbitration can proceed where the arbitration agreement is silent on this topic. Second, the process of getting an arbitration agreement enforced has been streamlined, thereby reducing the potential costs involved. In April, 2010, the Supreme Court rendered a decision in Stolt-Nielsen S.A. v. Animalfeeds International Corp, 130 S.Ct. 1758 (2010), in which it held that imposing class arbitration on parties that have not expressly agreed to class arbitration was inconsistent with the Federal Arbitration Act. Thus, an arbitration agreement that does not expressly provide for class arbitration does not give rise to the ability for someone to seek to proceed with a class arbitration. Prior to this decision it was common for plaintiffs to assert a Continued on page 8.

 — Independent Dealer — July 2010

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FIADA Past President Frank Fuzy was appointed to the NIADA Board of Directors as the Region II Vice President during the NIADA Convention in Las Vegas. Fuzy will be responsible for reporting to the Board on the progress Frank Fuzy of state associations in Tennessee, North Carolina, South Carolina, Florida, Alabama and Georgia. As an FIADA member for 25 years, Fuzy has been very active in the state Association. As a Past President, Quality Dealer of the Year, Man of the Year and chairman of various committees Fuzy and his wife Gina are always willing to put in the extra effort. Now the Fuzy’s will give their time to NIADA. When Executive Director Mike Linn approached Fuzy about accepting the position, he was happy to accept. One of the first orders of business is to focus on membership recruitment. Fuzy says he challenges everyone to spread the word about the 2-for-1 membership in FIADA and NIADA. He says membership will benefit your business and the industry. “In numbers we are powerful,” Fuzy said. “You must join your professional trade association to better your business. The knowledge you receive that you can take back to your business will save you money and make you money. And that’s 25 years of experience talking.”

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ARBITRATION AGREEMENTS from page 6. right to bring a class arbitration if they could proceed with a class action in state court under a similar theory. While this decision may complicate the enforcement of arbitration provisions in certain instances, it virtually eliminates the likelihood of an arbitrator certifying and conducting a class arbitration, unless your arbitration agreement expressly allows for it. More recently, the Supreme Court rendered its decision in Rent-ACenter v. Jackson, 2010 WL 2471058, where it held that if the parties to an arbitration agreement expressly agree that the arbitrator determines issues relating to the enforceability of the arbitration clause itself, then the parties’ agreement to have the arbitrator make this determination must be honored, absent certain limited exceptions. Thus, if your arbitration agreement expressly states that all issues will be arbitrated, including issues pertaining to the enforceability of the arbitration clause, then the only thing that would need to be proven in order to enforce the arbitration agreement is that the

customer signed it. Once that fact is established, then the case is sent to the arbitrator in order for him or her to determine the other issues relating to enforceability.

difficult for a Florida court to deviate from these decisions if the arbitration clause that it is dealing with states that the Federal Arbitration Act governs its enforcement.

As noted above, the Rent-A-Center decision did leave open a few ways for a clever plaintiff ’s attorney to attack an arbitration provision even where the parties have agreed to have the arbitrator determine issues relating to its enforceability. However, the scope of discovery related to these issues and the breadth of any evidentiary hearing that is held on these issues would be substantially reduced based on the limited grounds for challenging the arbitration agreement or clause.

If your dealership is utilizing an arbitration agreement in its day to day operations, then I would suggest that you have your arbitration agreement reviewed and possibly revised by your counsel in order to take full advantage of these recent decisions. It may save you money when enforcing your arbitration agreements going forward and allow you to eliminate the threat of a class arbitration in the future.

It will take some time for the exact impact of these decisions to be felt as Judges interpret these cases and apply their holdings to cases that are working their way through the Florida court system. Florida courts could also reach different conclusions when interpreting the Florida equivalent of the Federal Arbitration Act. It would, however, be very

Robert E. Sickles is a partner in the Tampa office of Hinshaw & Culbertson LLP focusing his practice on commercial litigation and consumer and class action defense. Mr. Sickles represents over 100 Florida auto dealers and related companies and is the outside general counsel to the Florida Independent Auto Dealers Association. He can be reached at (813) 868-8838 or via email at rsickles@hinshawlaw.com.

Making a contribution to the FIADA PAC will help your Association build relationships with legislators in this election year. Any donation is accepted. Use this form to make your contribution, or go online to www.FIADA.com.

Stand Together. Protect Your Business. Contribute to the FIADA Pac. Go online to www.FIADA.com to learn more.  — Independent Dealer — July 2010

PAC CONTRIBUTION FORM Do your part in supporting the legislators who have helped your industry. Contribute to the FIADA PAC Fund. CONTRIBUTOR’S NAME: DEALERSHIP: ADDRESS: Make your check out to FIADA-PAC and mail your contribution to: FIADA • 1840 Fiddler Court • Tallahassee, FL 32808 Enclosed is my check for:  $1,000

 $500

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D E A L E R F E AT U R E

T

Pensacola’s Bill Haven has spent the last five decades building his business on honesty and straight-forward deals. Now at 74, he has no plans on slowing down. his story begins in downtown Pensacola, FL over 50 years ago. Car lots lined the busy intersection of Garden and A Streets, but none could compare to the size or sales of local Chevrolet dealer Pensacola Buggy Works, one of the oldest and largest Chevy dealers in the country at that time and a permanent downtown fixture.

Bill Haven knew the dealership and the streets very well. He was a young police officer who patrolled the beat on his three-wheel motorcycle. His main duty was to enforce parking so naturally he got to know the guys at the Chevy dealership pretty well. In those days the dollar was strong and average take-home pay was anywhere from $30 to $50 a week. Haven and his wife, Lavonne, were expecting a baby and his friends at Pensacola Buggy Works knew it would be difficult to start a family on a policeman’s salary. They offered to help him out by giving him a chance to earn some extra money. 10 — Independent Dealer — July 2010

“When they would get a trade-in of a $50 or $100 car, I would fix it up really nice, detail it and sell it. They paid me $25 to $50 a car which was quite a lot of money back then,” Haven said. Haven kept working at the police department and moonlighting as a car salesman until a heart attack forced him to retire in the early 1970s. Unable to return to the force he became a full-time car dealer building his business as Bill Haven Cars, Inc. With his current location at the corner of Garden and A, he’s come full-circle to the spot that started it all. “When that old place came available I had to take it. In my mind, that is the only place to be to sell cars,” Haven said. The location is not the only thing that keeps people coming in the doors at Bill Haven Cars, Inc. Haven’s reputation has helped make him a Pensacola icon. A man who cares more about his customer’s situation then closing the deal Haven is known by everyone for his honesty and straightforward personality. “My dad is just the most honest person you’ll ever meet,” Robin Baldwin said. “That’s not a sales pitch, I mean it from the bottom of my heart.” Continued on page 12.

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BILL HAVEN CARS from page 10. Baldwin is not only Haven’s daughter but his right-hand around the dealership, handling bookkeeping, tag and title work, sales and internet marketing. Continuing the family tradition is Baldwin’s son, W.B., who is the service manager. Part of Haven’s honest approach is a warranty system he thought up and created all on his own. When he sells a car he inspects it fully and makes any repairs needed. With confidence, he offers every buyer a deal to fix any mechanical problem with the car for $10 an hour, plus reimbursement for the invoice price of parts.

ten minutes of the program just catching up and chatting about things going on in their family and the community. After a quick endorsement for a friend of his who owns a local seafood restaurant, (Bill pulls out a steak dinner and sets it on the table to show everyone), they get down to business presenting pictures of the featured cars and narrating their descriptions. Dad and daughter have such an ease in their delivery that viewers feel more like they are sitting down with old friends than listening to a sales pitch.

“The biggest reason why people stop paying on their car isn’t because they lost their job—it’s because they had a bad car and couldn’t afford to keep it up,” Haven said. He says his $10 an hour deal has virtually eliminated repos from his buyhere, pay-here customers and estimates he only takes back one or two vehicles a year. Haven also tries to work with customers and help them out when they are in trouble. When gas prices tripled a few years ago he cut payments by $50 a month to help. He Bill and Robin hosting their television show. also takes the time to counsel The show also runs on air on a local cable station, and does potential customers to prevent them from making a bad bring in customers. After last week’s show aired, Bill says, decision. Sometimes his advice means missing a sale, such six customers came walking through the door to see cars as when a prospective trade-in comes through the door that had been featured. with an owner who would take a loss. “I tell them they need to just take it home, wash it and fall back in love with it; pay their bills and then come back,” Haven said. “I try not to hurt anyone. I don’t want someone else’s loss to be my gain.”

At 74-years-old Haven makes it very clear he is not about to slow down. He loves what he does, he loves helping people and he loves his family. Knowing that, there is no reason to think he would ever want to kit.

To get a glimpse of Haven’s authenticity, just log onto his website at www.BillHavenCars.com and watch the TV show he and his daughter host. The pair spends the first

“I won’t retire. I’ve always joked that if I don’t show up for work the funeral is the next day,” Haven said.

12 — Independent Dealer — July 2010

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COVER STORY

Fireworks Continue Over the Consumer Financial Protection Bureau B y Th o m a s B. H udson and M ichael B enoit

S

ome car dealers are exempt from the regulatory reach of the Consumer Financial Protection Bureau created by the Dodd-Frank Act, which is the moniker they’ve hung on the federal financial reform legislation. But some aren’t. Determining which ones are in and which ones are out requires a review of the language in the bill dealing with the exemption. Congressional bills can be hard to read. This one’s no different. Below, we’ve set forth the auto dealer exclusion provision in the bill and what we hope is a mostly English language translation of it.

retail leases involving motor vehicles; and (B) in which— (i) the extension of retail credit or retail leases are provided directly to consumers; and (ii) the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third party finance or leasing source; or Translation – No exclusion for dealers who engage in consumer lease and installment sale financing and who keep those obligations or sell them to affiliated finance companies. These dealers will be subject to the jurisdiction of the CFPB.

SEC. 1029. EXCLUSION FOR AUTO DEALERS. (a) SALE, SERVICING, AND LEASING OF MOTOR VEHICLES EXCLUDED.—Except as permitted in subsection (b), the Bureau may not exercise any rulemaking, supervisory, enforcement or any other authority, including any authority to order assessments, over a motor vehicle dealer that is predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both.

Translation - Auto dealers primarily engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both, are excluded from the regulatory reach of the CFPB. Note that the dealer must have a servicing function and a sales and/or leasing function. Because not many independent dealers maintain a servicing department, that limits the exclusion to franchise dealers in most instances.

(b) CERTAIN FUNCTIONS EXCEPTED.— Subsection (a) shall not apply to any person, to the extent that such person— (1) provides consumers with any services related to residential or commercial mortgages or self financing transactions involving real property;

Translation - The exclusion won’t apply to any motor vehicle dealer engaged in consumer real estate financing, regardless of whether he would be excluded in subsection (a). (2) operates a line of business— (A) that involves the extension of retail credit or 14 — Independent Dealer — July 2010

(3) offers or provides a consumer financial product or service not involving or related to the sale, financing, leasing, rental, repair, refurbishment, maintenance, or other servicing of motor vehicles, motor vehicle parts, or any related or ancillary product or service.

Translation - The exclusion won’t apply to a dealer who offers or provides consumer financial services not related to the vehicle sale or lease, e.g., it would not apply to a dealer that sells homeowners insurance in addition to selling or leasing vehicles. (c) PRESERVATION OF AUTHORITIES OF OTHER AGENCIES.—Except as provided in subsections (b) and (d), nothing in this title, including subtitle F, shall be construed as modifying, limiting, or superseding the operation of any provision of Federal law, or otherwise affecting the authority of the Board of Governors, the Federal Trade Commission, or any other Federal agency, with respect to a person described in subsection (a).

Translation - This section keeps the authority of other agencies with respect to motor vehicle dealers intact. So, even if a motor vehicle dealer qualifies for the exclusion, it will still be regulated in the same manner it has been to date.

(d) FEDERAL TRADE COMMISSION AUTHORITY. — Notwithstanding section 18 of the Federal Trade Commission Act, the Federal Trade Commission is authorized to prescribe rules Continued on page 16. www.fiada.com


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CONSUMER FINANCIAL PROTECTION BUREAU from page 14. under sections 5 and 18(a)(1)(B) of the Federal Trade Commission Act, in accordance with section 553 of title 5, United States Code, with respect to a person described in subsection (a).

Translation - This section expands the FTC’s authority with respect to motor vehicle dealers. The FTC will now have express authority to write rules regulating dealers with respect to unfair and deceptive practices. The FTC also gets new authority to makes rules defining unfair and deceptive practices in accordance with the federal Administrative Procedures Act, which will allow them to draft and implement a rule in as little as six months. So dealers exempt from the CFPB’s authority shouldn’t be overly happy - Congress giveth with one hand and taketh away with the other.

(e) COORDINATION WITH OFFICE OF SERVICE MEMBER AFFAIRS.—The Board of Governors and the Federal Trade Commission shall coordinate with the Office of Service Member Affairs, to ensure that— (1) service members and their families are educated and empowered to make better informed decisions regarding consumer financial products and services offered by motor vehicle dealers, with a focus on motor vehicle dealers in the proximity of military

installations; and (2) complaints by service members and their families concerning such motor vehicle dealers are effectively monitored and responded to, and where appropriate, enforcement action is pursued by the authorized agencies.

Translation - The Federal Reserve Board and the FTC will now be required to work with the Office of Service Member Affairs to provide education regarding automobile finance. It also appears that the legislation mandates these agencies to focus on specific dealers in close geographical proximity to military bases. The agencies are also required to monitor complaints about dealers from service members, and respond to such complaints. Where warranted, the agencies are to see that the appropriate regulators undertake enforcement actions.

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(f ) DEFINITIONS.—For purposes of this section, the following definitions shall apply: (1) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ means— (A) any self-propelled vehicle designed for transporting persons or property on a street, highway, or other road;

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(B) recreational boats and marine equipment; (C) motorcycles; (D) motor homes, recreational vehicle trailers, and slide-in campers, as those terms are defined in sections 571.3 and 575.103 (d) of title 49, Code of Federal Regulations, or any successor thereto; and (E) other vehicles that are titled and sold through dealers.

Translation – The definitions are fairly straightforward but raise some interesting questions regarding certain goods in certain states (e.g., an all-terrain vehicle not required by law to be titled).

(2) MOTOR VEHICLE DEALER.—The term ‘‘motor vehicle dealer’’ means any person or resident in the United States, or any territory of the United States, who— (A) is licensed by a State, a territory of the United States, or the District of Columbia to engage in the sale of motor vehicles; and (B) takes title to, holds an ownership in, or takes physical custody of motor vehicles.

So, there’s the auto dealer exclusion language from the bill, in all its majesty, and there’s our initial attempt to translate it into something like English. The bill itself is over 2,000 pages long, and we haven’t digested the entire thing yet. It may be that dealers foreclosed from the Section 1029 exclusion could qualify for other exclusions contained in the bill, but that remains to be seen.. We suspect that as the dust settles, more questions will arise. When they do, check back with us – assuming the bill passes (and that’s likely but not guaranteed as we write this) we’ll probably still be trying to figure out what it all means. Tom and Emily are partners in the law firm of Hudson Cook, LLC. Tom (tbhudson@hudco.com) is the author of a book, CARLAW®, and, with Emily (ebeck@hudco.com), is the Editor/author of the CARLAW® F&I Legal Desk Book. The books are available at www.counselorlibrary.com. Tom is also the publisher of Spot Delivery®, a monthly legal newsletter for auto dealers, and the Editor in Chief of CARLAW®, a monthly report of legal developments in all states for the auto finance and leasing industry (not to be confused with the book). Spot Delivery, CARLAW and the books are produced by CounselorLibrary.com LLC. For information, call 410-865-5411 or visit www.counselorlibrary.com. Copyright CounselorLibrary.com 2010, all rights reserved. Single publication rights only, to the Association. (5/10). HC 4833-8186-7013

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Translation – Again, mostly straightforward, but where do companies fit that only lease cars and are not licensed to sell

them. What about RTO? What about consignments, in states where they are permitted?

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July 2010 — Independent Dealer — 17


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

FIADA Is Off to the Races BY JOHN GRANT, FIADA LOBBYIST

T

here are a lot of comparisons to make between political races and horse races. In the months and weeks before the event, people are watching to see who will make the final cut and hedging their bets in anticipation of the big event. Various prospective entries strut around trying to make themselves known and drum up interest for their race. As time goes on, some will withdraw because the odds are not in their favor. And there are often late entries who show up at the last minute thinking they can be a winner. Everything boils down to the time, though, when the speculation about who is in the race is over. In racing, they call it closing the gate. In politics, they call it qualifying, a process by which the ballot is set and the races are off and running. In Florida, qualifying ended on June 28 and the first leg of the race will be the party primaries that take place on August 24. Unlike a horse race, not all of the candidates have to run around the track to win. More than a fifth of the Florida Legislature (33 to be exact) were elected without opposition, because no one else qualified to

The FIADA and FIADA Political Action Committee will be actively involved in the legislative races this election year. FIADA has sent candidate questionnaires out to every legislative candidate who qualified before the deadline. This will give the Association an opportunity to know more about the candidates and the candidates an opportunity to know more about the Association. Answers to the candidate questionnaire will be evaluated by the Association’s Legislative Committee and FIADA PAC Board to determine what support monetarily or otherwise will be available to the candidate from the FIADA PAC. We will also encourage members to get locally involved in FIADA backed candidates in their local area. Consider having a fundraiser at your dealership. It will help the candidates who have FIADA endorsement and it will drive local people to your lot and you might even sell a car or two in the process. FIADA’s legislative committee also seeks your input as to your opinion and support of candidates in your local area. We encourage our members to make an extra mile contribution to FIADA’s PAC.

In Florida, qualifying ended on June 28 and the first leg of the race will be the party primaries that take place on August 24. run in that race. An additional five drew only write-in candidates, so they could just stroll around the track. Many of the races drew only token opposition, especially incumbents running for re-election. But there will be a few rough and tumble hotly contested races both in the primary and in the general election. This is particularly true for open seats where often there are a half dozen or more candidates in the race. 18 — Independent Dealer — July 2010

The election cycle is something we get a chance to do only once every two years and we want to take full advantage of it. The investment by the FIADA and its PAC give us a good opportunity to build relationships with would be legislators now and in the future. So, suit up for the races. Get in the game and make a difference. We are all on the same team and we need your involvement. The races are on and the finish line is less than ninety days away. www.fiada.com


July 2010 — Independent Dealer — 19

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Our Garage Liability Program Represents STABILITY for your Dealership The Dealers One Stop Shop: • Garage Liability Package Policy • Dealer Bonds • Dealers Open Lot Coverage • Property & Crime Coverage • Workers Compensation • Group Health & Employee Benefits • Car Rental Association Program • Personal Lines Insurance

Stable Market: We have several “A” rated carriers that can provide insurance coverage for the auto dealer professional.

Competitive Rates Fast, Easy Quotes A-Rated Companies Dealer’s One Stop Shop Endorsed by the FIADA

Williams & Stazzone has been insuring Florida dealers since 1989 with the same insurance carrier. We are very proud to be the Insurance Agent of Record for the FIADA.

Ph. 1-800-868-1235 • Fax 1-800-635-0704 Florida Office Locations: Orlando, FL • Boca Raton, FL Cocoa Beach, FL • Pensacola, FL

www.wsins.com Yes! I want to talk with the “AUTO DEALER SPECIALISTS”

For More Information Regarding Your

Specialized Insurance Needs... Fax This Form Today!

1-800-635-0704 20 — Independent Dealer — July 2010

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Independent Dealers Unite!

Join us in St. Pete Beach for the premier training and networking event.

Special 2010 Convention Pricing: Corporate Registration $249 and then $195 for each additional employee.

Family Registration $349 Includes dealer, spouse and kiddos.

For more information, and register, go Online now to www.fiada.com! www.fiada.com

Make Your Hotel Reservations Now! Space is limited, so call Tradewinds today at 800.808.9833 Room Rate: $149/night (plus tax) You must mention you are part of the FIADA Annual Convention to receive group rate. July 2010 — Independent Dealer — 21


COMPANY INFORMATION

Company:_______________________________________________________________________________________________ Mailing Address:__________________________________________________________________________________________ City/State/Zip:___________________________________________________________________________________________ Phone:_______________________________________________ Fax:_______________________________________________ E-mail:_______________________________________________ Website:___________________________________________

REGISTRATION INFORMATION

(Please Note: fees in each category will increase by $100 after September 10, 2010.)

q CORPORATE REGISTRATION

Badge Name: _ __________________________________________________ Additional Attendee:_ _____________________________________________ Additional Attendee:_ _____________________________________________ Additional Attendee:_ _____________________________________________

Dealership attendees will have access to all convention breakfast, lunch & dinner meal functions (including the Annual Banquet & Awards Ceremony and the Fast Cars & Freedom Gala Banquet), the Exhibit Hall, all Continued Education workshops, FIADA Certificates of Completion and all parties throughout the weekend.

[ ] $249 [ ] $195 [ ] $195 [ ] $195

q FAMILY REGISTRATION

Badge Name: _ __________________________________________________ Spouse Name:___________________________________________________ Child Name:_____________________________________________________ Child Name:_____________________________________________________

Family Package attendees will have access to all convention breakfast, lunch & dinner meal functions (including the Annual Banquet & Awards Ceremony and the Fast Cars & Freedom Gala Banquet), the Exhibit Hall, all Continued Education workshops, FIADA Certificates of Completion and all parties throughout the weekend.

q CONTINUING EDUCATION ONLY

[ ] $349 [ ] Included [ ] Included [ ] Included

Badge Name: _ __________________________________________________ [ ] $195 Badge Name:____________________________________________________ [ ] $195

Continuing Education Only attendees will have access to breakfast & lunch on Friday and Saturday, the Exhibit Hall, all Continued Education workshops, and a FIADA Certificate of Completion.

q SPECIAL MEMBERSHIP TICKETS

Tickets can be purchased at $25 each, or in sets of 5 for $100 a set. ___________

TOTAL REGISTRATION FEES:

$__________

PAYMENT METHOD [ ] I have enclosed a check made payable to FIADA [ ] I will be using a credit card Credit Card Type: [ ] Visa [ ] Master Card [ ] American Express [ ] Discover Name (as it appears on card):____________________________________ Company:_______________________________________ Credit Card Billing Address:______________________________________________________________________________________ Credit Card Number:_ _______________________________________________ Exp Date:_ ________________________________ Authorized Signature: X__________________________________________________ CC Security Code:______________________ CANCELLATION POLICY: Refunds may be honored with a 72-hour notice. Please submit cancellations in writing.

HOTEL ACCOMMODATIONS

Please contact Tradewinds Resort directly at (800) 808-9833 and mention you are part of the FIADA Annual Convention to receive the group rate. Reservations must be made by Sept. 10, 2010 to receive the FIADA group discount of $149.00 per night, plus tax. This reduced group rate will not be guaranteed after this date. Reservations will be accepted upon a space available basis.

register online now at www.fiada.com

Or Mail/Fax registration to: FIADA • 1840 Fiddler Court • Tallahassee, FL 32308 • PHONE (800) 237-0448 • FAX (850) 385-3251 22 — Independent Dealer — July 2010

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PAID ADVERTISING PAIDwww.fiada.com ADVERTISING

July 2010 — Independent Dealer — 23


9:15

Highline every 4th Tuesday and Exotics every 2nd/4th Tuesday Heavy Truck & Equipment sales – call for details

Boat Sale 3rd Wednesday 10:00 a.m

PAID ADVERTISING 24 — Independent Dealer — July 2010 PAID ADVERTISING

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July 2010 Independent Dealer Magazine