U-15-OM Qty 2 ¥ Pa Sr ottte STATE OF FLORIDA a Department of Highway Safety and Motor Vehicles oe o. was : a td CASE NO. 03-4250 and 03-4257 5 FINAL ORDER NO. HSMV 04-224-FOF-DMV 7 BMW OF NORTH AMERICA, LLC, Petitioner, . JUL Che DEPARTMENT OF HIGHWAY SAFETY A T AND MOTOR VEHICLES, Respondent. POMPANO IMPORTS, INC., d/b/a VISTA MOTORS, Petitioner, Vv. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Respondent. / FINAL ORDER This matter came before the Department for entry of a Final Order upon submission of the Recommended Order by John G. Van Laningham, an Administrative Law Judge of the Division of Administrative Hearings, a copy of which is attached and incorporated by reference in this order. The time for filing exceptions has expired with none being filed. The Department hereby adopts the Recommended Order entered and filed April 15, 2004 as its Final Order in this matter. Accordingly, it is ORDERED and ADJUDGED that Petitioner, Pompano Imports, Inc., d/b/a Vista Motors shall be issued a license to operate a BMW dealership at 744 North Federal Highway only if: (a) prior to the time notice is given to the Department pursuant to section 320.642, Florida Statutes, regarding the proposed dealership, Vista has actually relocated the dealership that existed at 700 North Federal Highway to 4401 West Sample Road in Coconut Creek; (b) any protest filed against the proposed dealership is resolved in Vista’s favor; and (c) all other legal requiremer.ts for licensure are met. DONE AND ORDERED this Pa day of May 2004, in Tallahassee, Leon County, Florida. CARL A. FORD, Director 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 3gh day of May 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: Dean Bunch, Esquire C. Everett Boyd, Jr., Esquire Sutherland, Asbill & Brennan, LLP 2282 Killearn Center Boulevard Tallahassee, Florida 32309-3576 John W. Forehand, Esquire Walter E. Forehand, Esquire Lewis, Longman & Walker, P.A. 125 South Gadsden St., Ste 300 Enoch J. Whitney, Esquire, General Counsel Michael J. Alderman, Esquire, Assistant General Counsel Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Rm. A-432 Tallahassee, Florida 32399-0504 John G. Van Laningham 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: 03-004250

Orders for Case No: 03-004250