Division of Administrative Hearings, Florida
Latest Update: Jun. 22, 1990
The issue posed for decision herein is whether or not the licensee manufacturer, Alfa Romeo, Inc., has established that the existing dealers are failing to provide adequate representation in the community or territory. Introduction and Background Information This matter involves the application of Prestige Motorcar Imports, Inc. for an Alfa Romeo franchise in Dade County, Florida. The licensee stipulated that any alleged non-compliance with the franchise agreement would not be a basis herein for granting this license application filed on behalf of Prestige Motorcar Imports, Inc. Alfa Romeo is a motor vehicle manufactured in Italy. Alfa Romeo, Inc. (ARI herein) presently produces annually two hundred thousand (200,000) cars with the capability of producing up to three hundred thousand (300,000) cars annually. During 1981,ARI had three (3) dealers in the Dade-Broward "community or territory," one of which was located in the North Miami area, i.e., (L.P. Evans) at 9696 NW 7 Avenue, Miami, Florida. Evans voluntarily terminated its franchise with ARI in February of 1982 and ARI has had only two (2) dealers in the Dade- Broward market since that time. Milano is located in the southern part of Dade County, Florida. ARI now proposes to replace Evans in the North Miami area of responsibility (AOR) with Prestige Motorcar Imports, Inc. (Prestige herein).Petitioner entitled to Alfa dealership because the cars are not adequately represented by the existing scheme.