Petitioner: GALAXY POWERSPORTS, LLC, D/B/A JCL INTERNATIONAL, LLC, AND KEB TRANS, INC., D/B/A EZ RIDERS SCOOTERS
Respondent: POWER AND PLAY WAREHOUSE, INC.
Judges: ROBERT E. MEALE
Agency: Department of Highway Safety and Motor Vehicles
Locations: Lauderdale Lakes, Florida
Filed: Nov. 24, 2008
Status: Closed
Recommended Order on Thursday, June 18, 2009.
Latest Update: Jul. 20, 2009
Summary: The issues are whether Galaxy Powersports, LLC, is entitled to three licenses to establish new dealerships for the sale of motorcycles, pursuant to Sections 320.642 and 320.699, Florida Statutes (2008).Denial of request for new dealership. Protesting dealer pleaded standing, but is not required to prove it because it is an affirmative defense that is waived if not timely raised.
STATE OF FLORIDA Oy
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VERIGRES,
a7 2:
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DOAH CASE NO.: 08-5865, 08-5866, 08-5867
DMV CASE NO.: 09-0926
FINAL ORDER #: HSMV-09-_/098 -FOF-DMV
GALAXY POWERSPORTS LLC d/b/a
JCL INTERNATIONAL LLC AND
MX MOTOR TOYS d/b/a
MX MOTORSPORTS;
GALAXY POWERSPORTS LLC d/b/a
JCL INTERNATIONAL LLC AND
KEB TRANS, INC., d/b/a
EZ RIDER SCOOTERS,
Petitioners,
vs.
POWER AND PLAY WAREHOUSE, INC.,
Respondent.
FINAL ORDER
This matter came before the Department for entry of a Final Order upon submission of a
Recommended Order by, Robert E. Meale, 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 Recommended Order as its Final Order in this matter.
Accordingly, it is hereby ©
ORDERED that Petitioner’s, Galaxy Powersports LLC d/b/a JCL International LLC and
MX Motor Toys, Inc. d/b/a MX Motorsports, request to establish a new dealership for the sale of
motorcycles manufactured by Taizhou Zhongneng Motorcycle Co. Ltd. (ZHNG) at 1335
Okeechobee Road #500, West Palm Beach (Palm Beach County), Florida 33401 is DENIED.
Petitioner’s, Galaxy Powersports LLC d/b/a JCL International LLC and KEB Trans, Inc., d/b/a
EZ Rider Scooters, request to establish a new dealership for the sale of motorcycles
manufactured by Zhejiang Taizhou Wangye Power Co. Ltd. (ZHEJ) at 7600 Wiles Road, Suite
-D, Coral Springs (Broward County), Florida, 33067 is DENIED. Petitioner’s, Galaxy
Powersports LLC d/b/a JCL International LLC and KEB Trans, Inc., d/b/a EZ Rider Scooters,
request to establish a new dealership for the sale of motorcycles manufactured by Taizhou
Zhongneng Motorcycle Co. Ltd. (ZHNG) at 7600 Wiles Road, Suite D, Coral Springs (Broward
County), Florida, 33067 is DENIED.
DONE AND ORDERED this LS 4 of July, 2009, in Tallahassee, Leon County,
Florida.
LA. 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 /Y'@ day of July, 2009.
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.
CAF/vlg
Copies furnished:
Paul J. Lane, Esquire
2755 East Oakland Park Boulevard, Suite 300
Fort Lauderdale, Florida 33306
Rick Marabini
MX Motor Toys, Inc. d/b/a
MX Motorsports
300 South Austrailian Avenue, No. 1507
West Palm Beach, Florida 33401
Leo Su
Galaxy Powersports LLC d/b/a
JCL International LLC
2667 Northhaven Road
Dallas, Texas 75229
Michael J. Alderman, Esquire
Department of Highway Safety and Motor Vehicles
Neil Kirkman Building, Room A-432
2900 Apalachee Parkway
Tallahassee, Florida 32399-0635
Robert E. Meale
Administrative Law Judge
Division of Administrative Hearings
The Desoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399
Nalini Vinayak
Dealer License Administrator
Florida Administrative Law Reports
Post Office Box 385
Gainesville, Florida 32602
Docket for Case No: 08-005867
Issue Date |
Proceedings |
Jul. 20, 2009 |
Final Order filed.
|
Jun. 26, 2009 |
Undeliverable envelope returned from the Post Office.
|
Jun. 18, 2009 |
Recommended Order (hearing held May 14, 2009). CASE CLOSED.
|
Jun. 18, 2009 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
|
May 14, 2009 |
CASE STATUS: Hearing Held. |
Apr. 28, 2009 |
Amended Notice of Hearing by Video Teleconference (hearing set for May 14, 2009; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL; amended as to Video Hearing).
|
Jan. 20, 2009 |
Notice of Hearing (hearing set for May 14, 2009; 9:00 a.m.; Fort Lauderdale, FL).
|
Jan. 20, 2009 |
Order of Consolidation (DOAH Case Nos. 08-5865, 08-5866, and 08-5867).
|
Dec. 30, 2008 |
Respondent`s Response to Initial Order filed.
|
Dec. 22, 2008 |
Undeliverable envelope returned from the Post Office.
|
Nov. 24, 2008 |
Initial Order.
|
Nov. 24, 2008 |
Notice of Publication for a New Point Franchise Motor Vehicle Dealer filed.
|
Nov. 24, 2008 |
Notice of Protest Pursuant to F.S. 340.642 (2) filed.
|
Nov. 24, 2008 |
Agency referral filed.
|
Orders for Case No: 08-005867
Issue Date |
Document |
Summary |
Jul. 15, 2009 |
Agency Final Order
|
|
Jun. 18, 2009 |
Recommended Order
|
Denial of request for new dealership. Protesting dealer pleaded standing, but is not required to prove it because it is an affirmative defense that is waived if not timely raised.
|