STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LS MOTORSPORTS, LLC, AND ST. ) PETE JEEP, INC., d/b/a ST. PETE ) POWERSPORTS, )

)

Petitioners, )

)

vs. )

)

WEST COAST MOTORCYCLES, )

)

Respondent. )

Case No. 07-0739

)

RECOMMENDED ORDER

Administrative Law Judge (ALJ) Daniel Manry conducted the formal hearing of this case for the Division of Administrative Hearings (DOAH) on April 12, 2007, in St. Petersburg, Florida.

APPEARANCES

For Petitioners: (No appearance) For Respondent: (No appearance)

STATEMENT OF THE ISSUE

The issue in this case is the propriety of Respondent's protest of a proposed establishment of a motorcycle franchise dealership in St. Petersburg, Florida, based on issues specifically within the purview of Sections 320.642 and 320.699, Florida Statutes (2006).1

PRELIMINARY STATEMENT

On January 26, 2007, Petitioner, LS MotorSports, LLC (MotorSports), published, in the Florida Administrative Weekly, the intent to establish a new point dealership with Petitioner, St. Pete Jeep, Inc., d/b/a St. Pete Powersports (Powersports), for the sale of certain line makes of motorcycles. Respondent filed a protest with the Department of Highway Safety and Motor Vehicles (Department) on February 8, 2007. By letter dated February 13, 2007, the Department referred the matter to DOAH to assign an ALJ to conduct an administrative hearing:

[F]or the sole purpose of determining the propriety of the protest regarding issues specifically within the purview of the [sic] Sections 320.642 and 320.699, Florida Statutes.

FINDINGS OF FACT

1. The parties did not appear at the formal hearing. The parties did not object to the date, time, or place of the hearing.

2. The representative for MotorSports represented by telephone to the administrative assistant for the undersigned that he did not intend to appear at the administrative hearing. However, the representatives for the other parties provided no advance notice of their intent not to appear at the hearing. The parties did not file a motion to continue or reschedule the hearing.

   CONCLUSIONS OF LAW

   
   

3. DOAH has jurisdiction over the subject matter and parties. §§ 120.569 and 120.57(1).

4. Petitioners have the burden of proof in this proceeding. Petitioners must show by a preponderance of the evidence that Respondent is "not providing adequate representation" in the community within the meaning of Subsection 320.642(2)(a)2.

5. Petitioners failed to satisfy their burden of proof.

Petitioners submitted no evidence of the issues prescribed in

Subsection 320.642(2)(b).

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is

RECOMMENDED that the Department enter a final order finding that the protest filed by Respondent is proper regarding issues specifically within the purview of Sections 320.642 and 320.699.

DONE AND ENTERED this 9th day of May, 2007, in Tallahassee, Leon County, Florida.

S

DANIEL MANRY

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 9th day of May, 2007.

ENDNOTE

1/ All statutory references are to Florida Statutes (2006), unless specifically provided otherwise.

COPIES FURNISHED:

Michael J. Alderman, Esquire Department of Highway Safety

and Motor Vehicles

Neil Kirkman Building, Room A-432 2900 Apalachee Parkway

Tallahassee, Florida 32399-0635

Mathu Solo

LS MotorSports, LLC

2550 East Desert Inn, No. 40 Las Vegas, Nevada 89121

Carl A. Ford, Director Division of Motor Vehicles

Department of Highway Safety and Motor Vehicles

Neil Kirkman Building, Room B-439 2900 Apalachee Parkway

Tallahassee, Florida 32399-0500

Judson M. Chapman, General Counsel Department of Highway Safety and

Motor Vehicles Neil Kirkman Building

2900 Apalachee Parkway

Tallahassee, Florida 32399-0500

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this case.

Docket for Case No: 07-000739

Orders for Case No: 07-000739