STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

IMOTORSPORTS SBP, LLC d/b/a ST. PETE POWERSPORTS,

vs.

Petitioner,

HSMV Case Nos.: MS-19-162 DOAH Case Nos.: 19-2718

WEST COAST OUTDOOR SPORTS, LLC d/b/a GABLES MOTORSPORTS WESLEY CHAPEL and VANDERHALL MOTOR WORKS, INC.,

Respondents.

/

FINAL ORDER

FINAL ORDER NO.:

HSMV-20-0022-FOF-MS

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

This matter comes before the Department of Highway Safety and Motor Vehicles for entry of a final order upon submission of the Recommended Order issued December 10, 2019, by the Honorable Hetal Desai, Administrative Law Judge of the Division of Administrative Hearings, a copy of which is attached and incorporated by reference in this order. None of the parties having filed exceptions to the Recommended Order, and having reviewed the Recommended Order, transcript, exhibits, and the complete record of the proceeding, and being fully advised in the premises, it is ORDERED and ADJUDGED that:

1. The Findings of Fact, Conclusions of Law, and Recommendation contained in the Recommended Order are ADOPTED IN TOTO;

2. The Department finds that the Petitioner failed to meet its burden of establishing standing; and

3. Accordingly, the petition is DISMISSED and the case is CLOSED.

If all other requirements for licensure are met, the Bureau of Dealer Services may issue a license for the proposed establishment of West Coast Outdoor Sports, LLC d/b/a Gables Motorsports Wesley Chapel as a franchise dealership for the sale of motorcycles manufactured by Vanderhall Motor Works, Inc. (line-make VAND).

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IMOTORSPORTS SBP, LLC v. WEST COAST OUTDOOR SPORTS, LLC & VANDERHALL MOTOR WORKS, INC.

HSMV Case No. MS-19-162 DOAH Case No. 19-2718

Filed January 16, 2020 11:02 AM Division of Administrative Hearings

DONE AND ORDERED this 16th day of January , 2020, at Tallahassee, Leon County, Florida.

FILED FLHSMV AGENCY CLERK JAN 16 2020

MS-19-162

Robert Kynoch, Director of Motorist Services Department of Highway Safety and Motor Vehicles 2900 Apalachee Parkway

Tallahassee, Florida 32399

COPIES FURNISHED this 16th

day of January

, 2020, to:

Joseph R. Gillespie, Agency Clerk Department of Highway Safety and Motor Vehicles

Neil Kirkman Building, Room A432, MS 02 2900 Apalachee Parkway

Tallahassee, Florida 32399-0500 ogcfiling@flhsmv.gov joegillespie@flhsmv.gov

Nigel Bailey

West Coast Outdoor Sports, LLC 28009 Wesley Chapel Boulevard Wesley Chapel, Florida 33543-3202

Teresa Shepherd

Vanderhall Motor Works, Inc. 3500 Mountain Vista Parkway Provo, Utah 84606-5544 tshepherd@vanderhallusa.com

Timothy Walter iMotorsports SBP, LLC 334 West Grand Avenue

Elmhurst, Illinois 60126-1127 tim@imotorsportsinc.com

Timothy Walter iMotorsports SBP, LLC 555 34th Street, South

St. Petersburg, Florida 33711-1719

Jeffrey Whaley

Vice President of Sales and Operations Vanderhall Motor Works, Inc.

3500 Mountain Vista Parkway Provo, Utah 84606-5544 jwhaley@vanderhallusa.com

Haider Saba iMotorsports SPB, LLC 555 34th Street South

St. Petersburg, Florida 33711-1719 haider@imotorsportsinc.com

Christie S. Utt, General Counsel Department of Highway Safety and Motor Vehicles

Neil Kirkman Building, Room A-432, MS 02 2900 Apalachee Parkway

Tallahassee, Florida 32399-0504 christieutt@flhsmv.gov

Ed Broyles, Chief of Dealer Services Department of Highway Safety

and Motor Vehicles

Neil Kirkman Building, Room A-312, MS 65 2900 Apalachee Parkway

Tallahassee, Florida 32399-0635 edbroyles@flhsmv.gov

NOTICE OF APPEAL RIGHTS

A party adversely affected by this final order may seek judicial review as provided in section 120.68, Florida Statutes, and Florida Rule of Appellate Procedure 9.190. Judicial review is initiated by filing a notice of appeal with the Agency Clerk, and a copy of the notice of appeal, accompanied by the filing fee, with the appropriate district court of appeal. The notice of appeal must conform to the requirements of Florida Rule of Appellate Procedure 9.110(d) and must be filed (i.e., received by the Agency Clerk) within thirty days of rendition of this final order.

Filing with the Department’s Agency Clerk may be accomplished by U.S. mail, express overnight delivery, hand delivery, facsimile transmission, or electronic mail. The address for overnight delivery or hand delivery is Joseph Gillespie, DHSMV Agency Clerk, Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, A-432, MS-2, Tallahassee, Florida 32399. The facsimile number is (850) 617-5112. The email address is OGCFiling@flhsmv.gov.

Docket for Case No: 19-002718

Orders for Case No: 19-002718