STATE OF FLORIDA F DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES 7 Nee a DOAH CASE NO.: 09-2971 . DMV CASE NO. 09-1138 FINAL ORDER #: HSMV-09-_/08Z -S-DMV RED STREAK SCOOTERS, LLC AND AUSTIN GLOBAL ENTERPRISES, LLC d/b/a NEW SCOOTERS 4 LESS, Petitioners, vs. SWAMP CYCLES LLC, Respondent. / FINAL ORDER This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by Barbara J. Staros, Administrative Law Judge of the Division of Administrative Hearings, pursuant to Petitioner’s request for dismissal, a copy of which is attached and incorporated by reference in this order. The Department hereby adopts the Order Closing File as its Final Order in this matter. Accordingly, it is hereby ORDERED that this case is CLOSED and no license will be issued to Red Streak Scooters, LLC and Austin Global Enterprises, LLC d/b/a New Scooters 4 Less to sell motorcycles manufactured by Taizhou Zhongneng Motorcycle Co. Ltd. (ZHNG) at 118 Northwest 14" Avenue, Suite D, Gainesville (Alachua County), Florida 32601. DONE AND ORDERED this 4, of July, 2009, in Tallahassee, Leon County, Florida. LR Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399 Filed with the Clerk of the Divisign Motor Vehicles this é —! day of July, 2009. NOTICE OF APPEAL RIGHTS Judicial review of this order may be had pursuant to section 120.68, Florida Statutes, in the District Court of Appeal for the First District, State of Florida, or in any other district court of appeal of this state in an appellate district where a party resides. In order to initiate such review, one copy of the notice of appeal must be filed with the Department and the other copy of the notice of appeal, together with the filing fee, must be filed with the court within thirty days of the filing date of this order as set out above, pursuant to Rules of Appellate Procedure. CAF/vlg Copies furnished: Collin Austin Austin Global Enterprises, LLC 118 Northwest 14" Avenue, Suite D Gainesville, Florida 32601 Beverly Fox Red Streak Scooters, LLC 427 Doughty Boulevard Inwood, New York 11096 Shawn Glasser Swamp Cycles, LLC 633 Northwest 13" Street Gainesville, Florida 32601 Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building 2900 Apalachee Parkway, Room A432 Tallahassee, Florida 32399 Barbara J. Staros Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Nalini Vinayak Dealer License Administrator Florida Administrative Law Reports Post Office Box 385 Gainesville, Florida 32602 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS RED STREAK SCOOTERS, LLC and AUSTIN GLOBAL ENTERPRISES, LLC, d/b/a NEW SCOOTERS 4 LESS , Petitioner, Case Number: 09-2971 ve SWAMP CYCLES, LLC Respondent. wwe VOLUN DISM COMES NOW, Petitioner, Austin Global Enterprises, LLC is stating a notice of voluntary dismissal. Since Swamp Cycles, LLC, already has the ZHNG line make established on their license, Austin Global Enterprises, LLC d/b/a New Scooters 4 Less no longer wishes to continue with the hearing and pursue establishing the ZHNG line make at its location. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing was served by US Mail to Robert S. Cohen, Director and Chief Judge, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, FL 32399-3060; Shawn Glasser, as agent far Respondent Swamp Cycles, LLC, 633 Northwest 13" Street, Gainesville, FL 32601 on June 18, 2009. AUSTIN GLOBAL ENTERPRISES, LLC in Austirt; ging Member Representative for Petitioner 118 NW 14" Avenue, Suite D Gainesville, FL 32601 Telephone: 352-336-1271

Docket for Case No: 09-002971

Orders for Case No: 09-002971