Division of Administrative Hearings, Florida
Filed: Nov. 19, 2001
The issues for determination are whether, as General Motors Corporation contends in its notice letter to the Department of Highway Safety and Motor Vehicles (the "Department"), the proposed relocation of Big Oaks Buick Pontiac GMC, Inc. ("Big Oaks") is exempt from the requirements of Section 320.642, Florida Statutes, pursuant to Subsection 320.642(5)(a), which provides that relocations within two miles of its existing dealership location are not to be considered an additional motor vehicle dealership, or whether, as Petitioners contend, the relocation is to a site more than two miles from the existing dealership, the proposed relocation constitutes an additional dealership, and the proposed action may only be taken after fulfilling the requirements of Section 320.642, Florida Statutes.Proper method to measure within two mile exemption for relocation: issue of first impression--no rule. Administrative Law Judge selected encircled radius to encircled radius as appropriate.
