STATE OF FLORIDA

DEPARTMENT OF IIlGHWAY AFETY AND MOTOR VEIIlCLES

DOAH CASE NO.: 11-5282 MS CASE NO. 11-968

FINAL ORDER#: HSMV-12-M -s -MS

VOLUSIA MOTORSPORTS INC.,

Petitioners

s.

POLARIS SALES, INC. AND DAYTONA BEACH CYCLES LLC D/B/A INDIAN MOTORCYCLE OF DAYTONA,

Respondent.

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FINAL ORDER

Thi matter came before the Departme nt for entry of a Final Order upon ubmi sion of an Order Clo ing File and Reli nqui hing Juri diction by E. Gary Early, Admini trativ e Law Judge of the Division of Administrative Hearing . The Department hereby adopt the Order Clo ing File and Relinqui hing Jurisdiction a it Final Order in thi matter.

Accordingly it i hereby

ORDERED and ADJUDGED that Petitioner Daytona Beach Cycle LLC d/b/a Indian Motorcycle of Daytona be granted a licen e to ell motorcycles manufactured by Victory (VICO) at 420 orth Beach Street Daytona Beach (Volu ia County), Florid a 32114, upon compliance with all applicable requirement of Section 320.27, Florida Statute , and all app l icab le Department rule .

Filed March 8, 2012 9:15 AM Division of Administrative Hearings

DONE AND ORDERED this _JK2: day of March, 2012, in Tallahassee, Leon County, Florida.

           -             

hliaker, Chief

Bureau of Issuance Oversight Division of Motorist Services Department of Highway Safety and Motor Vehicles

Neil Kirkman Building Tallahassee, Florida 32399

W

Filed with the Clerk of the Divis ion of Motorist Services

this day of March, 2012.

Vat·... V,-,._ficdc

Na li ni Vinayak, Dealer cense Administraotr

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 notic e 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.

JB/jc

Copies furnished:

Andrew Palle maerts Volusia Motorsports, Inc. 1701 State Road 44

New Smyrna Beach, Florida 32168

2

Jonathan Brennen Butler, Esquire Akerman Senterfitt

222 Lakeview Avenue, Suite 400 West Palm Beach, Florida 33401

E. Gary Early Administrative Law Judge

Divisio n of Administrative Hearings The DeSoto Building

1230 Apalachee Parkwa y

Ta llahassee, Florida 32399-1550

Nalin i Yina yak

Deale r License Administrator

3

Docket for Case No: 11-005282

Orders for Case No: 11-005282