STATE OF FLORIDA l

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

DOAH CASE NO.: 09-2128 DMV CASE NO. 09-0937

FINAL ORDER#: HSMV-09-M-s-DMV

MAZDA MOTOR OF AMERICA, INC. d/b/a MAZDA NORTH AMERICAN OPERATIONS AND BCSS, LTD.,

d/b/a BACHRODT MAZDA POMPANO BEACH,

Petitioners,

vs.

FLORIDA MAG ENTERPRISES, INC. d/b/a DELRAY MAZDA,

Respondent.

,/

FINAL ORDER

This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by Errol H. Powell, Administrative Law Judge of the Division of Administrative Hearings, pursuant to Petitioner's Withdrawal of Notice of Establishment and Motion to Dismiss Protest, 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 hereby

ORDERED that this case is CLOSED and no license will be issued to Mazda Motor of America, Inc. d/b/a Mazda North American Operations and BCSS, Ltd. d/b/a Bachrodt Mazda Pompano Beach to sell automobiles manufactured by Mazda (MAZD) at 1801 West Atlantic Boulevard, Pompano Beach (Broward County), Florida 33069.

Filed September 21, 2009 2:40 PM Division of Administrative Hearings.

DONE AND ORDERED this /7iy of September, 2009, in Tallahassee, Leon County, Florida.

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 {i{j.h day of September, 2009.

1¼in'·ap·k, uDealer AdmlnilllalDf

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:

Louis C. Bachrodt, III BCSS, Ltd. d/b/a Bachrodt

Mazda Pompano Beach 1801 West Atlantic Boulevard

Pompano Beach, Florida 33069

John J. Shahady, Esquire Adorno & Yoss, LLP

350 East Las Olas Boulevard, Suite 1700 Fort Lauderdale, Florida 33301-4217

2

Dean Bunch, Esquire

Nelson Mullins Riley & Scarborough LLP

3600 Maclay Boulevard South, Suite 202

Tallahassee, Florida 32309

Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles

Neil Kirkman Building

2900 Apalachee Parkway, Room A432 Tallahassee, Florida 32399

Errol H. Powell Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

Nalini Vinayak

Dealer License Administrator

Florida Administrative Law Reports Post Office Box 385

Gainesville, Florida 32602

3

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MAZDA MOTOR OF AMERICA, INC., d/b/a MAZDA NORTH AMERICAN OPERATIONS AND BCSS, LTD., d/b/a BACHRODT MAZDA POMPANO BEACH,

Petitioners,

vs.

FLORIDA MAG ENTERPRISES, INC., d/b/a DELRAY MAZDA,

Case No. 09-2128

Respondent.

ORDER CLOSING FILE

This cause having come before the undersigned on Petitioner's Withdrawal of Notice of Establishment and Motion to Dismiss Protest, filed September 8, 2009, to which Respondent does not object, and the undersigned being fully advised, 'it is, therefore,

ORDERED that:

1. The final hearing in this cause scheduled for November 16 through 20, 2009, is hereby canceled.

   
   

2. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. Jurisdiction is hereby relinquished to the referring agency.

DONE AND ORDERED this 9th day of September, 2009, in Tallahassee, Leon County, Florida.

ERROL H. POWELL

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 9th day of September, 2009.

COPIES FURNISHED:

Jennifer Clark

Department of Highway Safety and Motor Vehicles

Neil Kirkman Building, Room A-308 2900 Apalachee Parkway

Tallahassee, Florida 32399-0635

Louis C. Bachrodt, III BCSS, Ltd., d/b/a Bachrodt

Mazda Pompano Beach

1801 West Atlantic Boulevard Pompano Beach, Florida 33069

John J. Shahady, Esquire Adorno & Yoss, LLP

350 East Las Olas Boulevard, Suite 1700 Fort Lauderdale, Florida 33301-4217

Dean Bunch, Esquire

Nelson Mullins Riley & Scarborough LLP 3600 Maclay Boulevard South, Suite 202

Tallahassee, Florida 32309

2

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MAZDA MOTOR OF AMERICA, INC., d/b/a MAZDA NORTH AMERICAN OPERATIONS and BCSS, LTD., d/b/a BACHRODT MAZDA POMPANO BEACH

Petitioners,

vs. Case No. 09-2128

FLORIDA MAG ENTERPRISES d/b/a DELRAY MAZDA,

Respondent.

WITHDRAWAL OF NOTICE OF ESTABLISHMENT AND MOTION TO DISMISS PROTEST

Petitioners, Mazda Motor of America, Inc. d/b/a Mazda North American Operations ("MNAO") and BCSS, Ltd., give notice that they withdraw the notice to establish BCSS, Ltd. d/b/a Bachrodt Mazda Pompano Beach, and move the Administrative Law Judge pursuant to Rule 28-106.204, Florida Administrative Code, to enter an order dismissing this matter as moot, and state in support:

1. At the request of MNAO, the Florida Department of Highway Safety and Motor Vehicles ("the Department") caused to be published in the Florida Administrative Weekly, Volume 35, Number 11, on March 20, 2009, a notice of the establishment of BCSS; Ltd. d/b/a Bachrodt Mazda Pompano Beach ("Bachrodt Mazda") as a dealership for the sale of Mazda vehicles at 1801 West Atlantic Blvd., Pompano Beach, Florida 33067 ("the Notice"). A copy of the Notice is attached as Exhibit "A."

   
   

   Filed September 8, 2009 3:43 PM Division of Administrative Hearings.

   
   

2. On April 21, 2009, Respondent Florida Mag Enterprises, Inc. d/b/a Delray Mazda ("Delray") filed a protest with the Department, objecting to the establishment of Bachrodt Mazda.

3. BCSS and MNAO have determined not to establish Bachrodt Mazda at the published location and hereby withdraw the Notice.

4. With the notice withdrawn, the protest by Delray is now moot and should be dismissed.

5. The undersigned counsel for MNAO has conferred with counsel for Delray and is

authorized to represent that Delray has no objection to the dismissal of this case.

6'

Dated Septembe_yr, 2009.

Andy Bertran

f'v--.----- -

4x.K urkin-

Nelson Mullins Riley & Scarborough, LLP 3600 Maclay Blvd. S., Suite 202

Tallahassee, FL 32312

Telephone: (850) 907-2507

Facsimile: (850) 907-2552 andy.be1iron@11elsonmulli11s.com

Attorneys for Mazda Motor of America, Inc. dba Mazda North American Operations

Kurkin Brandes, LLP

4300 Biscayne Blvd., Suite 305

Miami, Florida 33137

Telephone: (305) 929-8510

Facsimile: (305) 675-0564 aIex@kurkinbrandes.com

Attomeysfor BCSS, Ltd dba Bachrodt Mazda Pompano Beach

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true copy of the foregoing has been furnished by e-mail to John J. Shahady, Adorno & Yoss, LLP, 350 East Las Olas Blvd., Suite 1700, Ft. Lauderdale, Florida 33301 Gshahady@adomo.com), on Septembe.i:--1-:2009.

8

Attorney

-Docl/ 1751.1~

2

EXHIBIT "A"

Ffrn-lda Administmti e Week(i• Volume 35, N11mhel' 11, M(lrch 20, 2009

ti

DEPARTMENT OF HIGHWAY SAFETY AND MOTDR de: rs1i4 p the sale of Mazda aulomob_iles (MAZD) al.1801

\IEHICLES, .

td0°1 Arfnlo t Atlantic Boulevard, P.ompano Beacl1 (Broward County),

. . . idaA3™"?, n or after April I 5, 2009.

Notice of Publication foar New Point r· The 1//if e:,Jnd address of the dealer operator(s) and

1

Franchise Motor Vehicle Dealer ina County of Mo f'LNl{/ll/<S-.Jfjfii, investor(s) of BCSS, Lid. qlb/a Bachrodt .Mazd a

{Afdswii!t

than 300,000 Pop 1lat_ion . ·/J,///{j. m]Jtach ar dealer opel'ator(s): Louis C. Bachrodt, - II, Pursuant to Seclion 320.642, Horida Statutes, n ltce !! A/1 Atlantic Boulevar , Pompano Beach, Flo11da

given that Adly Moto,LLC, intends to allow the estabhshmenl 33069; principal investor(s): Louis C. Bac 1rodt, IIJ, 1801 West

. of Sunset Point Scooters, Inc. cVb/a Sunset Scooters, as a Atlantic Boulevard, Pompano Beach, Florida 33069. dealership for the sale of motorcycles nianufactured by · The notice indicates inlent to establish the new point HerChee Industrial Co. Ltd. {HERH) al 2300 Sunset Point location in a county of more than 300,000 population, Road, Clearwater (Pinellas County), Florida 33765, on or after according to the latest population estimates of the University of March 4, 2009. 'Florida, Bureau of-Economic and Business Research.

The name and address of the dealer operator(s) and Certain dealerships of the sa_me line-make may have principal invest01 s) of Sunset Point Scooters, Inc. dlb/a Sunset standing, pursuant to Section 320.642, Florida Stalutes, to tile Scooters are dealer operator(s): Douglas V. Vitello, 2300 a petition or complaint protesting the application. .

Sunset Point Road, Cleanvater, Flof'idR 33765 and Ga1y Parr, Written petitions or complaints ·must be rec ived b)' the 2300 Sunset Point Road, Clearwalet', Florida 33765;_ principal Department of Highway Safety and Motor Vehicles within 30 investor(s): Douglas V. Vitello, 2300 Sunset Pomt Ro d, days of the date of publication of this notice and m 1s1 be Clearwater, Florida 33765 and Gary Parr, 2300 Sunset Pomt submitied to: Nalini Vinayak, Administrator, Dealer License Road, Clearwater, Florida 33765, . . Section, Department of Highway Safety and Motor Vehicles,

The notice indicates intent to establish the new P?lnt Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee location in a county of n ore t?an 300,000 P?Plll llon, Parkway, Tallahassee, Florida 32399-0635. .

according to the latest populalton estimates of the Umverstty of A copy of such petition or complaint must also be sent by

Florida, Bureau of Economic and Business Research. U.S. Mail to: Chris Crawford, Mazda Motor of America, Inc.

Certain dealerships of the same line-make may have d/b/a Mazda North American Operations, 460 I Touch tone standing, pursuant to Section 320.642, Florida Statutes, to file Road East 3100, Jacksonville, Florida 32246.

br

a petition or complaint.protesting the application.. If 110 petitions or complaints are received within 30 days Written petitions or complaints must be cc1ved_ the of the date of publication, a final order will b issued by he

Department of Highway Safety _and Motor Vehicles w1thm 30 Department of Highway Safety and Motor Velucles approvmg days of the date of publication of lhis notice and must be the establishment of the dealership, subjec! to the applicant's

submitted to; Nalini Vinayak, Administrator, Dealer License compliance with the provisions of Chapter 320, Florida Section, Department of Highway Safety and Motor Vehicles, Statutes.

Rootll A-312, MS 65, Neil Kirkman Building, 2900 Apalachee --------- ------------

Parkway, Tallahassee, Florida 32399-0635.

A copy of such petition ·or complaint must also be scnl by

U.S. Mail to: Henry Li, Adly Moto, L.LC, 1725 Hurd Drive,

.Suite I08, [rving, Texas 75038.

*

If no petitions or complaints are received within 30 days of the dnte of publication, a final order will be issued by the Department of Highway Safety and Motor Vehicles approving the establishment of the de11lel'Ship, subject to the applicant's compliance with the provisions of Chapter 320, Florida Statutes.

NoticeofPublication.fora New Point Franchise Motor Vehicle Dealer in a County of More

than 300;000 Population

Pursuant to Section 320.642, Florida Stalules, notice is given 111111 Mazda Molor of America, Inc. d/b/a Mazda North American Operations, intends lo allow !he estublisbment of · BCSS, Ltd. d/b/a F.lnchrodt Ma7.du Pumpm10 Beach, as n

Notice of Publicalion for a New Point Fr11nchise Motor Vehicle Dealer in a County of More

lban 300,000 Population

Pursu nt to Section 320.642, Florida Statutes, notice is given that Hibird USA, LLC, intends to allo""'. t 1e est11blish111ent of New Wave Cycles, Inc., as a dealership tor the sale of motorcycles manufactured by Chongqing Hi-Bird Motorcycle Inclmtry Co. Ltd. (HIBR) al 14813 US Highway 19 Nor!h, Hudson (Pasco County), Florida 34667, on or afler March 3, 2009.

The name. 1,md address of the dealer operalor(s) and principal investor(s) of New Wave Cycles, In . are dealer operator(s): Gary McCa1thy, 7436 Hatteras Dnve, Hudson, Florida 34667; principal invest01 s): Gnry McCarthy, 7436

• Halteras Drive, Hudson, Florida 34667.

The notice indicates intent to establish lhe new poinl locntion in n county ol' -more lhan 300,000 populnlion, a,cordi11g to the liilc. l population c timatcs of lhc University of filoricla, Btll'CmU of Economic and Business Research.

1366 Seclinn XII - Miscdlaneous

Docket for Case No: 09-002128

Orders for Case No: 09-002128