STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DOAH CASE NO.: 03-3086 CSH ches FINAL ORDER #: HSMV-04-186-S-DMV “ BMW OF NORTH AMERICA, LLC AND GERMAIN MOTOR COMPANY, d/b/a GERMAIN BMW OF NAPLES, Petitioners, vs. SONIC-FM, INC., d/b/a BMW OF FT. MYERS, Respondent. / FINAL ORDER This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by Carolyn Holifield, an Administrative Law Judge of the Division of Administrative Hearings, 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 ORDERED and ADJUDGED that Petitioner, Germain Motor Company, d/b/a Germain BMW of Naples, be permitted to relocate its BMW dealership to 11286 Tamiami Trail North, Naples (Collier County), Florida, and that its license shall be amended accordingly, upon compliance with all applicable requirements of Section 320.27, Florida Statutes, and all applicable Department rules. DONE AND ORDERED this LIE day of April, 2004, in Tallahassee, Leon County, Florida. ARL A. FORD, Dffector Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399 Filed with the Clerk of the Division of Motor Vehicles this #7 day of April, 2004. 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. Copies furnished: Daniel E. Myers, Esquire Myers & Fuller, P.A. 2822 Remington Green Circle Tallahassee, Florida 32308 William L. Rogers, Esquire William L. Rogers, P.A. 800 Seagate Drive, Suite 303 Naples, Florida 34103 Dean Bunch, Esquire Sutherland, Asbill & Brennan, LLP 2282 Killearn Center Boulevard Tallahassee, Florida 32309-3576 Michael J, Alderman, Esq. Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Rm. A-432-02 Tallahassee, Florida 32399-0504 Carolyn S. Holifield Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Ronald Reynolds Dealer License Administrator Florida Administrative Law Reports Post Office Box 385 Gainesville, Florida 32602

Docket for Case No: 03-003086