STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

AMERICAN HONDA MOTOR COMPANY, ) HONDA AUTOMOBILE DIVISION, and ) BENGAL MOTOR COMPANY, LTD., )

d/b/a MIAMI HONDA )

)

Petitioners, )

)

vs. ) CASE NO. 95-3673

) HOLLYWOOD IMPORTS LTD., INC., ) d/b/a HOLLYWOOD HONDA, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, Claude B. Arrington, held a formal hearing in the above-styled case on January 22-25, 1996, in Tallahassee, Florida.

APPEARANCES

For Petitioner, Dean Bunch, Esquire American Honda Cabaniss and Burke Motor Company, Inc.: 909 East Park Avenue

Tallahassee, Florida 32301

For Respondent: Daniel E. Myers, Esquire

J. Martin Hayes, Esquire Myers and Forehand

402-B Office Plaza Drive Tallahassee, Florida 32301

STATEMENT OF THE ISSUE

Whether the application to relocate the Honda dealership owned by Bengal Motor Company, Ltd., d/b/a Miami Honda should be granted.

PRELIMINARY STATEMENT

Bengal Motor Company, Ltd., d/b/a Miami Honda (Miami Honda) submitted its application to the Department of Motor Vehicles and Highway Safety to relocate its Honda dealership from 3100 Northwest 36th Avenue, Miami, Florida, which is near the airport, to a location 1350 feet west of the corner of Northwest 57th Avenue and Northwest 167th Street in Miami Lakes, on the Palmetto Expressway.

Hollywood Imports, Ltd., Inc., d/b/a Hollywood Honda timely protested the relocation pursuant to Section 320.642, Florida Statutes. The parties agree that the relocation is subject to protest and that Hollywood Honda has standing to do so. The matter was referred to the Division of Administrative Hearings,

and this proceeding followed. At the formal hearing, American Honda presented the case in favor of the relocation. Miami Honda did not file a separate appearance.

American Honda presented the testimony of Carlos M. De la Cruz, Raymond J. Mikicuk, and expert witness James Anderson. American Honda presented 19 exhibits, including a lengthy composite exhibit and the deposition testimony of Ernie Ferency. Hollywood Honda presented the testimony of Richard Foss and expert witness Dr. John B. Matthews. Hollywood Honda presented five exhibits, including a composite exhibit consisting of all exhibits common to the depositions taken by the parties and the deposition of Mike Lynch. All exhibits were admitted into evidence without objection.

A transcript of the proceedings has been filed. At the request of the parties, the time for filing post-hearing submissions was set for more than ten days following the filing of the transcript. Consequently, the parties waived the requirement that a recommended order be rendered within thirty days after the transcript is filed. Rule 60Q-2.031, Florida Administrative Code. Rulings on the parties' proposed findings of fact may be found in the Appendix to this Recommended Order.

FINDINGS OF FACT

1. Bengal Motor Company, Ltd., d/b/a Miami Honda (Miami Honda) submitted its application to relocate its Honda dealership pursuant to Section 320.642, Florida Statutes. The requested relocation is from 3100 Northwest 36th Avenue, Miami, Florida, to a location that is 1350 feet west of the corner of Northwest 57th Avenue and Northwest 167th Street, Miami Lakes, Florida. The existing location is in the vicinity of the Miami International Airport. The proposed location is on the Palmetto Expressway. Miami Honda purchased the real estate for the proposed location without assistance from American Honda and has entered into an agreement with American Honda to relocate to that location if its relocation application is granted.

   
   

2. Hollywood Imports, Ltd., Inc., d/b/a Hollywood Honda (Hollywood Honda) timely protested the relocation with the Department of Highway Safety and Motor Vehicles pursuant to the provisions of Section 320.642, Florida Statutes. The parties agree that the relocation is subject to protest and that Hollywood Honda has standing to bring this protest as it is within 12.5 straight line miles of the proposed location. See, Section 320.642(3)(b)1., Florida Statutes.

   
   

3. American Honda has decided to relocate Miami Honda to the Miami Lakes area instead of adding a new dealer in Miami Lakes.

   
   

4. Section 320.642, Florida Statutes, sets forth the criteria for relocation if a protest is filed. Section 320.642(2)(a), Florida Statutes, provides as follows:

   
   

   (2)(a) An application for a motor vehicle dealer license in any community or territory shall be denied when:

   1. A timely protest is filed by a presently franchised motor vehicle dealer with standing to protest as defined by subsection (3); and

   2. The licensee fails to show that the existing franchised dealer or dealers who reg- ister new motor vehicle retail sales or retail

      leases of the same line-make in the community or territory of the proposed dealership are not providing adequate representation of such line-make motor vehicles in such community or territory. The burden of proof in establish- ing inadequate representation shall be on

      the licensee.

      
      

5. Section 320.642(2)(b), Florida Statutes, sets forth factors 1/ which may be considered in determining the adequate representation issue, as follows:

   
   

   (2)(b) In determining whether the existing franchised motor vehicle dealer or dealers are providing adequate representation in the comm- unity or territory for the line-make, the de- partment may consider evidence which may in- clude, but is not limited to:

   1. The impact of the establishment of the proposed or relocated dealer on the consumers, public interest, existing dealers, and the licensee; provided, however, that financial impact may only be considered with respect to the protesting dealer or dealers.

   2. The size and permanency of investment reasonably made and reasonable obligations incurred by the existing dealer or dealers

      to perform their obligations under the dealer agreement.

   3. The reasonably expected market penetra- tion of the line-make motor vehicle for the community or territory involved, after con- sideration of all factors which may affect said penetration, including, but not limited to, demographic factors such as age, income, education, size class preference, product popularity, retail lease transactions, or other factors affecting sales to consumers

      of the community or territory.

   4. Any actions of the licensee in denying its existing dealer or dealers of the same line-make the opportunity for reasonable growth, market expansion, or relocation, in- cluding the availability of line-make vehicles in keeping with the reasonable expectations of

      the licensee in providing an adequate number of dealers in the community or territory.

   5. Any attempts by the licensee to coerce the existing dealer or dealers into consenting to additional or relocated franchises of the same line-make in the community or territory.

   6. Distance, travel time, traffic patterns, and accessibility between the existing dealer or dealers of the same line-make and the loca- tion of the proposed additional or relocated dealer.

   7. Whether benefits to consumers will likely occur from the establishment or relo-

      cation of the dealership which the protesting dealer or dealers prove cannot be obtained by other geographic or demographic changes or expected changes in the community or territory.

   8. Whether the protesting dealer or dealers are in substantial compliance with their dealer agreement.

   9. Whether there is adequate interbrand and intrabrand competition with respect to said line-make in the community or territory and adequately convenient consumer care for the motor vehicles of the line-make including the adequacy of sales and service facilities.

   10. Whether the establishment or relocation of the proposed dealership appears to be warr- anted and justified based on economic and mark- eting conditions pertinent to dealers compet- ing in the community or territory, including anticipated future changes.

   11. The volume of registrations and service business transacted by the existing dealer or dealers of the same line-make in the relevant community or territory of the proposed dealership.

       
       

       THE COMMUNITY OR TERRITORY

       
       

6. The area that constitutes the "community or territory" (community/territory) as that term is used in Section 320.642, Florida Statutes, is all of Dade and Broward Counties. This area is somewhat unique from a marketing standpoint because it is restricted on the West by the Everglades and on the East by the Atlantic Ocean. These geographic barriers create a concentration of population in a North/South corridor. This area will be referred to as the "Miami Metro", the term used by American Honda.

   
   

7. There are presently nine Honda dealers in the Miami Metro. There are five Honda dealers in Dade County and four Honda dealers in Broward County. In comparison, there are five Toyota dealers in Dade County and five Toyota dealers in Broward County. An additional "open point", where a Honda dealer will be added at some undetermined time, has been identified for Plantation, Florida, which is in Broward County. This area has a significant amount of shortfall of Honda sales (compared to sales in other areas of the market area) that indicates that a new dealership would be justified. The relocation to Miami Lakes is not designed to recapture the lost opportunity that presently exists in Broward County. That lost opportunity is a separate problem.

   
   

8. Honda considers Toyota and Nissan to be its primary competitors. Honda attempts to have a Honda dealer facing each Toyota dealer. Toyota outsells Honda at a greater percentage in Broward County than it does in Dade County. This discrepancy can be explained, in part, by the fact that Broward County is the home of Southeast Toyota, which is the distributor of Toyotas in the Southeastern United States, and by the fact that until the open point that American Honda has identified for Plantation is filled, Honda has one less dealer in Broward than does Toyota.

   
   

9. Although American Honda has identified an open point in Plantation, Florida, and has included that open point in its marketing planning the

   additional dealership for Plantation is not being pursued by American Honda at this time. It is likely that the addition of a dealership would be subject to protest by existing dealers. It is not likely that a new dealership will exist in Plantation in the next five years.

   
   

10. Expert witnesses for both Miami Honda and Hollywood Honda agree that Largo Honda, located in Key Largo, Monroe County, Florida, should be excluded from the Miami Metro. 2/

    
    

11. Data collected from new car registrations 3/ includes the name of the dealer selling the new vehicle and the street address of the purchaser. Retail registration data is analyzed to provide information as to each dealer's market area. The information produced by this analysis, referred to as cross- sale data, is used to determine whether the Miami Metro is one homogeneous, interconnected market or whether it consists of separate identifiable markets.

    
    

12. In performing this analysis, each of the existing eight dealers and the proposed location is assigned a primary marketing area, referred to as a PMA. A PMA consists of census tracts 4/ within the Miami Metro and represents the geographical area in which an existing dealer or a proposed dealer would reasonably be expected to have a competitive advantage over competing same-line (Honda) dealers by virtue of its proximity to the customers within the PMA.

    
    

13. The PMAs developed by the experts in this proceeding were based upon the exact proposed location of Miami Honda, rather than the existing location or any other hypothetical location. This methodology was reasonable and appropriate.

    
    

14. The cross-sale data reflecting shopping patterns of Honda buyers in the Miami Metro demonstrates that customers residing in Dade County primarily purchase from Dade County dealers and that customers residing in Broward County primarily purchase from Broward County dealers. The exception to this is Hollywood Honda, which sells extensively to customers throughout the Miami Metro, including customers in Dade County.

    
    

    REASONABLY EXPECTED MARKET PENETRATION

    
    

15. Market penetration is the traditional standard used to measure the performance of a dealer network in a given geographical area, such as a community/territory or a PMA. Market penetration is the percentage of all vehicles registered in a particular area that a particular brand achieves. Market penetration for any area is computed by analyzing all brand-line registrations in the area, without regard to the location of the selling dealer.

    
    

16. To determine whether a particular PMA is being adequately represented, it is first necessary to select a standard against which the PMA will be measured. There was a dispute between the expert witnesses in this proceeding as to the appropriate standard against which to measure the PMA for the proposed relocation. The expert for Hollywood Honda used Honda's market penetration for Honda's Southeast Zone, consisting of six states, to determine what should be Honda's reasonably expected market penetration in the Miami Metro. The rationale that supports the use of this standard is not persuasive because of the unique nature of the Miami Metro and because there are many areas in the Southeast Zone within which Honda is not being adequately represented. The use of Dr. Matthews' standard will produce a mediocre target that does not accurately represent Honda's market potential in this unique area.

17. Honda's expert analyzed sales within what he termed the "Balance of Dade" to determine Honda's reasonably expected market penetration in the Miami Metro. The Balance of Dade standard analyzed Honda's market penetration in Dade County with the exception of the PMA identified for the proposed relocation.

    The PMA for the proposed relocation was excluded from the analysis because it would be inappropriate to compare the area in question to itself. The Broward County portion of the Miami Metro was excluded because it was determined that American Honda is not adequately represented in many areas of Broward County.

    To develop a reasonable standard, the areas of comparison must be areas in which American Honda is adequately represented by its dealer network.

    
    

18. There was extensive testimony by American Honda's expert as to the reasons this standard was used. Mr. Anderson, American Honda's expert, opined that the Balance of Dade standard produced a reasonable and appropriate standard by which to measure Honda's reasonable expected market penetration in this local market area. There was also extensive testimony by Hollywood Honda's expert as to why this standard should not be used. Dr. Matthews, Hollywood Honda's expert, believed that the use of the Balance of Dade standard produced an inappropriately high expectation of what should be Honda's reasonably expected market penetration. Dr. Matthews viewed sales in Dade County to be unreasonably high because of the sales into the market areas by Largo Honda and because of the number of new Honda vehicles sold into Dade County by Honda dealers in Broward County.

    
    

19. This conflicting testimony is resolved by finding that the standard selected by American Honda's expert for determining reasonably expected marketing penetration, the so-called Balance of Dade standard, is a reasonable and appropriate standard to determine Honda's reasonably expected market penetration in this local market.

    
    

20. By measuring and analyzing each car segment in which American Honda competes in the Balance of Dade, American Honda's expert determined that with a dealer operating at the site of the proposed relocation, its reasonably expected market penetration for the Miami Lakes PMA would be 20 percent of the retail segments in which Honda competes. 5/

    
    

    ACTUAL PERFORMANCE COMPARED WITH EXPECTED PERFORMANCE

    
    

21. Honda market penetration in the Miami Lakes PMA has consistently been below expected levels in 1992, 1993, 1994, and the first half of 1995. Comparing actual penetration with the reasonably expected penetration of 20 percent demonstrates that Honda market penetration in the Miami Lakes PMA has been between 87.2 percent and 90.1 percent effective. The additional new car sales that would have been required to bring the Miami PMA up to its reasonably expected market penetration level were 263 units in 1993, 149 in 1994, and 168 for the first half of 1995.

    
    

22. American Honda established that it is not receiving adequate representation in the Miami Lakes PMA.

    
    

    ECONOMIC AND MARKETING CONDITIONS

    
    

23. Since 1980, there has been a significant decline in the number of households in the area of Dade County near the airport where Miami Honda is presently located, and a significant increase in the number of households in the Miami Lakes area. Miami Lakes represents a densely populated area which presently has no Honda dealer to serve it. All other densely populated areas of

    the Miami Metro, with the exception of the Plantation area, have an existing Honda dealer. Demographic factors, such as household income, reflect that the Miami Lakes area is much more affluent than the area surrounding the present Miami Honda location. Current and projected demographic data indicate that Honda's inadequate representation in the Miami Lakes PMA is the result of substantial and continuing growth.

    
    

24. The growth pattern in the Miami Lakes area is also typical of the growth pattern for the Hollywood Honda PMA. These growth patterns are expected to continue through the year 2000 so that the opportunities for car sales for Hollywood Honda as well as a dealer in Miami Lakes would be expected to increase as this growth continues.

    
    

25. Miami Honda's current facility is located in an industrial area that is blocked on the west from further development by the airport. In the vicinity, there are trailer parks and other low income housing, a cemetery, and a truck depot. Also in the area is a highly industrialized area of the Miami River, where cargo vessels are anchored, and the former headquarters of Eastern Airlines and Pan American Airlines, both of which are empty or partially empty. The present location is not as well suited as the Miami Lakes area for the sale of new automobiles.

    
    

26. There are Nissan, Mitsubishi, and Hyundai dealerships in the area where Miami Honda is currently located. These lines are also represented in the Miami Lakes area.

    
    

27. Miami Honda is one of the top Honda dealers in the Miami Metro and usually one of the top twenty dealers in the United States. Miami Honda is profitable at its current location, having made a profit of $2.9 million in 1994.

    
    

28. The existing sales and service facilities of Miami Honda meet Honda's established guide for minimum facilities requirements. However, these existing facilities are outdated and inefficient. These facilities need to be replaced for Miami Honda to remain competitive. The existing location does not justify the construction of a new facility.

    
    

29. It takes approximately 28 minutes to drive from the current Miami Honda location to the Hollywood Honda location. It takes approximately 22 minutes to drive from the proposed Miami Honda location to the Hollywood Honda location.

    
    

30. Miami Honda's proposed location is part of an auto row, with the other lines being Toyota, Lincoln/Mercury, Ford, Nissan, Pontiac, GMC, Mitsubishi, Chevrolet, Chrysler Plymouth, Jeep Eagle, and Hyundai. This auto row did not exist ten years ago.

    
    

31. Hollywood Honda is located on a similar auto row, with virtually the same lines being represented.

    
    

32. Without a representative on the Miami Lakes auto row, American Honda is at a competitive disadvantage in the Miami Lakes area to those competing lines with dealers on the Miami Lakes auto row.

    
    

33. The present location of Miami Honda is too close to that of Brickell Honda. The population and household trends of the PMA occupied by Brickell

    Honda and the PMA presently occupied by Miami Honda shows declining sales opportunity for the two dealers and suggests the need for a relocation of one of the two dealers.

    
    

34. Honda has established that it is currently under-represented in the Miami Lakes PMA and that the likely cause of the current under-representation is the absence of a Honda dealer in this PMA. Relocating the Miami Honda dealership to Miami Lakes would strengthen the Brickell Honda dealership and the Miami Honda dealership. The relocation would also be in the best interests of the consuming public because it would bring a Honda dealer into the Miami Lakes area.

    
    

35. Honda's chances of achieving a reasonable, adequate level of representations are dependent on how well its dealer network keeps pace with expanding sales opportunities.

    
    

36. The proposed relocation would maximize customer convenience in the Miami Metro because the distance the purchasers of new cars would have to drive to reach the nearest Honda dealership would be minimized.

    
    

37. It is reasonable to expect that Hollywood Honda would lose sales in the Miami Lakes PMA if the relocation is approved because approximately 34 percent of the sales in the Miami Lakes PMA are presently made by Hollywood Honda. It is also reasonable to expect that these lost sales can be offset by Hollywood Honda concentrating on its marketing opportunities closer to its location. The expected marketing penetration in the market within two miles of the Hollywood Honda dealership is 19.3 percent while the actual penetration is

    8.6 percent. While Hollywood Honda is one of American Honda's top dealerships, it is missing opportunity for sales in its immediate marketing area. It is reasonable to expect that the proposed relocation will provoke a competitive response by Hollywood Honda that would positively impact Hollywood Honda's sales.

    
    

38. Without a competitive response by Hollywood Honda, it is likely that the relocation of Miami Honda would result in the loss of approximately 250 sales a year for Hollywood Honda, for an approximate monetary loss of $500,000.

    
    

39. The decision of American Honda to relocate Miami Honda instead of adding a dealer in Miami Lakes provides the existing dealers, including Hollywood Honda, with the opportunity to take advantage of the growing market within the Miami Metro and the lost opportunity for sales that exist, especially in Broward County.

    
    

40. Even when the impacts of the proposed relocation would have on Hollywood Honda are considered, it is concluded that approving the proposed relocation of Miami Honda would strengthen the American Honda dealer network in the Miami Metro and would serve the interests of the consuming public.

    
    

    CONCLUSIONS OF LAW

    
    

41. The Division of Administrative Hearings has jurisdiction of the parties to and the subject matter of this proceeding. Section 120.57(1), Florida Statutes.

    
    

42. Section 320.642, Florida Statutes, sets forth the criteria for relocation if a protest is filed. Petitioners have the burden of proving by a preponderance of the evidence that Miami Honda has satisfied the statutory

criteria for the relocation of its dealership. Rule 28-6.08(3), Florida Administrative Code. See also, Florida Department of Transportation v. J.W.C., Co., 396 So.2d 778 (Fla. 1st DCA 1981). As reflected by the findings of fact, the Petitioners have met that burden. In weighing the impacts of this proposed relocation, it is concluded that the benefits to the public and to the dealer network outweigh the impact the relocation will have on Hollywood Honda.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Highway Safety and Motor Vehicles enter

a final order that adopts the findings of fact and conclusions of law contained herein. It is further recommended that the final order approve Miami Honda's proposed relocation.

DONE AND ENTERED this 6th day of June, 1996, in Tallahassee, Leon County, Florida.

CLAUDE B. ARRINGTON, Hearing Officer Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 6th day of June, 1996.

ENDNOTES

1/ No evidence was submitted as to the factors at Section 320.642(2)(b)5., 7., and 8., Florida Statutes.

2/ Largo Honda operates from a low overhead facility and has a minimal capital investment. Largo Honda advertises in the Miami Metro that it will deliver a new Honda to your home and complete the transaction at your home with the use of a laptop computer. Largo Honda sales of new Hondas in the Miami Metro were as follows: for the 1993 calendar year it sold 690 new Hondas; for the calendar year 1994 it sold 653 new Hondas; and for the calendar year 1995 through the month of June (when the figures were generated) it had sold 452 new Hondas with a projected sale for 1995 of over 900. The statistical analysis reflected that

70 percent of Largo Honda's new car sales were within the Miami Metro. The fact that Honda buyers in Monroe County do not buy from Honda dealers in the Miami Metro is the principal reason Largo Honda was excluded from the Miami Metro by the experts. The more persuasive evidence was that Largo Honda was properly excluded from the Miami Metro.

3/ Retail registration refers to sales or leases of new vehicles to individuals and to corporations, excluding fleet registrations. Fleet registrations are purchases by corporations of ten or more new vehicles of any brand throughout the United States within a twelve month period.

4/ Census tracts are identified by the U.S. Census Bureau. Each tract supposedly represents 4,000 residents.

5/ If Largo Honda was included in this calculation, the reasonably expected market penetration would be 20.06 percent of the retail segments in which Honda competes.

APPENDIX TO RECOMMENDED ORDER, CASE NO. 95-3673

The following rulings are made as to the proposed findings of fact submitted by American Honda.

1. The proposed findings of fact in paragraphs 1, 2, 3, 4, 5, 6, 8, 14,

121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, and 135

are subordinate to the findings made.

1. The proposed findings of fact in paragraphs 49, 101, 115, 116, 117, 118, and 119 are unnecessary to the conclusions reached.

2. The proposed findings of fact in paragraph 84 are rejected as being argument.

The following rulings are made as to the proposed findings of fact submitted by Hollywood Honda.

1. The proposed findings of fact in paragraphs 1, 2, 3, 5, 6, 7, 8, 9, 10, 25, 33, 34, 58, 59, 60, and 65 are adopted in material part by the Recommended Order.

2. The proposed findings of fact in paragraphs 4 and 30 are adopted in material part by the Recommended Order or are subordinate to the findings made.

3. The proposed findings of fact in paragraphs 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 38, 43, 44, 45, 46, 47, 48, 49, 50, 61, 62, 63, and

   64 are subordinate to the findings made.

4. The proposed findings of fact in paragraphs 26, 27, 28, 29, 31, 32, 36, 37, 39, 40, 41, 42, 51, 52, 53, 56, and 57 are unnecessary to the conclusions reached.

5. The proposed findings of fact in paragraph 35 are adopted in part by the Recommended Order, but they are rejected to the extent they are unnecessary to the conclusions reached.

6. The proposed findings of fact in paragraphs 54 and 55 are rejected as being contrary to the findings made.

COPIES FURNISHED:

Dean Bunch, Esquire Cabaniss and Burke, P.A. 909 East Park Avenue Tallahassee, Florida 32301

Daniel E. Myers, Esquire

J. Martin Hayes, Esquire Myers and Forehand

402-B North Office Plaza Drive Tallahassee, Florida 32301

Gerald B. Wald, Esquire

Murai, Wald, Biondo and Moreno

25 Southeast 2nd Avenue, Suite 900 Miami, Florida 33131

Michael J. Alderman, Esquire Department of Highway Safety

and Motor Vehicles

Neil Kirkman Building, Room A432 Tallahassee, Florida 32399-0635

Charles J. Brantley, Director Division of Motor Vehicles

Neil Kirkman Building, Room B439 Tallahassee, Florida 32399-0500

Enoch Jon Whitney, General Counsel Department of Highway Safety

and Motor Vehicles Neil Kirkman Building

Tallahassee, Florida 32399-0500

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions to this recommended order. All agencies allow each party at least ten days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should contact the agency that will issue the final order in this case concerning agency rules on the deadline for filing exceptions to this recommended order. Any exceptions to this recommended order should be filed with the agency that will issue the final order in this case.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

AMERICAN HONDA MOTOR COMPANY, ) HONDA AUTOMOBILE DIVISION, and ) BENGAL MOTOR COMPANY, LTD., )

d/b/a MIAMI HONDA )

)

Petitioners, )

)

vs. ) CASE NO. 95-3673

) HOLLYWOOD IMPORTS LTD., INC., ) d/b/a HOLLYWOOD HONDA, )

)

Respondent. )

)

CORRECTED RECOMMENDED ORDER*

*A Recommended Order was entered in this matter on June 6, 1996. Thereafter, it was discovered that endnote references had been deleted in the test of the Recommended Order due to a computer glitch. This Corrected Recommended Order is being entered to reinstate the endnote references.

NOTE: The CORRECTED RECOMMENDED ORDER was issued on June 7, 1996. The ACCESS Recommended Order has been corrected.

Docket for Case No: 95-003673

Orders for Case No: 95-003673