STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

DOAH CASE NO.: 09-2262 OMV CASE NO. 09-0933

FINAL ORDER#: HSMV-09- /t02 -S-DMV

SUBARU OF AMERICA, INC., SOUTH CENTRAL REGION AND BCSS, LTD., d/b/a LOU BACHRODT SUBARU,

Petitioners,

vs.

DELRAY MOTOR, INC., d/b/a DELRAY LINCOLN MECURY,

Respondent.

.!

FINAL ORDER

This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by Claude B. Arrington, Administrative Law Judge of the Division of Administrative Hearings, pursuant to Petitioner's Notice of 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 Subaru of America, Inc., South Central Region and BCSS, Ltd. d/b/a Lou Bachrodt Subaru to sell automobiles manufactured by Subaru (SUBA) at 5500 North State Road 7, Coconut Creek (Broward County), Florida 33073.

Filed September 21, 2009 2:44 PM Division of Administrative Hearings.

DONE AND ORDERED thls /7i.y 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 Divisi/{Jh Motor Vehicles

this day of September, 2009.

N1ainfJ, f,!;.•U Administrator

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:

J. Andrew Bertron, Esquire

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

Tallahassee, Florida 32312

Brian W. Davey, Esquire St. Denis & Davey, P.A.

1300 Riverplace Boulevard, Suite 101

Jacksonville, Florida 32207

2

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

Neil Kirkman Building

2900 Apalachee Parkway, Room A432 Tallahassee, Florida 32399

Claude B. Arrington 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

SUBARU OF AMERICA, INC., AND SOUTH CENTRAL REGION AND BCSS, LTD., d/b/a LOU BACHRODT SUBARU,

Petitioners,

vs.

DELRAY MOTORS, INC., d/b/a DELRAY LINCOLN MECURY,

Case No. 09-2262

Respondent.

ORDER CLOSING FILE

This cause having come before the undersigned on Petitioner's Notice of Withdrawal of Notice of Establishment and Motion to Dismiss Protest filed September 8, 2009, 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 8th day of September, 2009, in Tallahassee, Leon County, Florida.

CLAUDE B. ARRINGTON

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 8th day of September, 2009.

COPIES FURNISHED:

1. Andrew Bertran, Esquire

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

   Tallahassee, Florida 32312

   
   

   Brian W. Davey, Esquire St. Denis & Davey, P.A.

   1300 Riverplace Boulevard, Suite 101

   Jacksonville, Florida 32207

   
   

   Jennifer Clark

   Department of Highway Safety and Motor Vehicles

   Neil Kirkman Building, Room A-308 2900 Apalachee Parkway

   Tallahassee, Florida 32399-0635

   
   

   2

   
   

   
   

   Timothy Young

   Delray Motors, Inc., d/b/a Delray Lincoln Mecury

   2102 South Federal Highway Delray Beach, Florida 33483

   
   

   Timothy Grecsek, Esquire Kurkin Brandes, LLP

   2900 Glades Circle, Suite 700

   Weston, Florida 33327-2271

   
   

   3

   
   

   STATE OF FLORIDA

   DIVISION OF ADMINISTRATIVE HEARINGS

   
   

   SUBARU OF AMERICA, INC., and

   BCSS, LTD. cl/b/a LOU BACHRODT SUBARU,

   
   

   Petitioners,

   vs. Case No. 09-2262

   
   

   DELRAY MOTORS, INC. d/b/a DELRAY LINCOLN MERCURY,

   
   

   Respondent.

   I

   
   

   NOTICE OF WITHDRAWAL OF NOTICE OF ESTABLISHMENT AND MOTION TO DISMISS PROTEST

   
   

   Petitioners, Subaru of America, Inc. and BCSS, Ltd. d/b/a Lou Bachrodt Subarn, give notice that they withdraw the notice to establish BCSS, Ltd. d/b/a Lou Bachrodt Subaru, 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 Subarn of America, Inc. ("SOA"), the Florida Department of Highway Safety and Motor Vehicles ("the Department") caused to be published in the Florida Administrative Weekly, Volume 35, Number 13, on April 3, 2009, a notice of the establishment ofBCSS, Ltd. d/b/a Lou Bachrodt Subaru ("Bachrodt Subaru") as a dealership for the sale of Subaru vehicles at 5500 No1th State Road 7, Coconut Creek, Florida 33073 ("the Notice"). A copy of the Notice is attached as Exhibit "A."

   2. On April 21, 2009, Respondent Delray Motors, Inc. d/b/a Delray Lincoln Mercury ("Delray") filed a protest with the Department, objecting to the establishment of Bachrodt Subaru.

      
      

      Filed September 7, 2009 8:00 AM Division of Administrative Hearings.

      
      

      
      

   3. BCSS and SOA have determined not to establish Bachrodt Subaru 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 SOA has conferred with counsel for Delray and is authorized to represent that Delray has no objection to the dismissal of this case.

Dated September . 2009.

Andy Bertron

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

Tallahassee, FL 32312

Telephone: (850) 907-2507

Facsimile: (850) 907-2552 andy.bertron@nelsonmullins.com

Attorneys for Subaru of America, Inc.

Kurk.in Brandes, LLP

4300 Biscayne Blvd., Suite 305

Miami, Florida 33137

Telephone: (305) 929-8510

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

Attorneys for BCSS, Ltd. d/b/a Lou Bachrodt Subaru

CERTIFICATE OF SERVICE

Y ,

---­

I HEREBY CERTIFY that a trne copy of the foregoing has been furnished by e-mail to Brian W. Davey, St. Denis & Davey, P.A., 13000 Riverplace Blvd., Suite 101, Jacksonville, FL 32207 (brian@sdtria1Iaw.com), on September 2009.

0------

Attorney

2

F/c1ri1ln Ad111i11istmtive Weak !'

submiltcd lo: Nalini Vinayak, Administrator, Dealer License Seclion, Deparhnenl of Highway Safety and Motor Vehicles, Room A·J12, MS 65, Neil Kirkman Building, 2900 Apalachee Parkway, Tallahassee, Floridn 32399·0635:

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

U.S. Mail lo: Gene Chang, Lance Powersports, Inc,, 5200 Ontario Mills Parkway, Suite J 00, Ontario, California 9 l 764.

If 110 petitions or complaints are received within 30 days of the dute of publication, a final order will be issued by the Department of Highway Safety and Motor Vehicles approving the establishment of the dealership, subject to the applicant's compliance with the provisions of Chapter 320, Florida Slatnles.

Notice of Publication for a New Point Franchise Motor Vehicle Dealer in a County of Less

than 300,000 Population

Pursuant to Section 320.642, Florida Statutes, notice is given thal X•Power Motorsports, intends to allow the establishment of Go Anywhere Scooters, LLC, as a dcolership for the sale of motorcycles manufactured by Jiangsu Linhai Power Machinery Group (LINH} al 9050 A Navarre Parkway, Navarre (Santa Rosa County), Florida 32566, on or after March 24, 2009. ·

The name and address of the dealer operator(s) and principal investor(s) of Go Anywhere Scooters, LLC are dealer operalor(s): Jen-y W. Rogers, 6 Indian Bayou Drive, Destin, Florida 32541; principal invcsto1{s): Jerry W. Rogers, 6 Indian Bayou Drive, Destin, Florida 32541.

The notice indicates intent to establish the new point · location in a county ofless than 300,000 population, according to the latest population estimates of the University of Florida, Bureau of Economic and Business Rei;earch.

Certain dealerships of !he same .line•makc may have standing, 1nnsuant to Section 320,642, Florida Statutes, to file a petition.or complain I protesting the application.

Wrille1r petitions or complaints must be received by lhe Department of Highway Safely nnd Motor Vehicles within 30 days of ·tl1e date of publicaHon of this notice and must be submilled lo: Nalini Vinayak, Adminislralo_r, Dealer License Section, Department of Highway Safety and Motor Vehicles, Room A 312, MS 65, Neil Kirkman Building, 2900 Apalachee Parkway, Tallahassee, Florida 32399-0635.

11Jflcma JS, Number 13, April t . 1J ..

"•t l "{)

A copy of such pelil,ion or complain I musl IIQ.f 1.fµ nl by · ' ·

U.S. Mail lo: Ronald Ho; President, X-Power Motor1,p6 J¥ /:J

Horizon Drive, Suwanne, Georgia 30024. · (.// / • S.

If no petitions or complaints are receive,i{ytil,{J(/JJJ/pjl .S • b of lh<: date of publication, a final order will be 'n,,"fNl.$fJfi, 'F Department of Highway Safety and Molor Vehide , f/Vf:

*

the establishment of the dealership, subject lo the applicaM compliance with the provisions of .Chapter 320, Florida Statutes.

·Notice of Pu licalion for a New Point Franchise Motor Vehicle Dealer in a County of More

than 300,000 Population

Pursuant lo Section 320.642, Florida Statutes, notice is given that Subaru of America, Inc., South Central Region, i111ends to allow the establishment of BCSS, Ltd. d/b/a Lou Bachrodt Subam, as a dealership for the sale of Subaru vehicles (SUBA) at 5500 Norlh State Road 7, Cocomll Creek (Broward County), Floridf 33073, on or after April 28, 2009.

The name and address of the dealer operator(s) and principal investor(s) ofBCSS, Ltd. d/b/a Lou Bachrodt Subaru are dealer operator(s); Louis C. Bachrodt, III, 5500 North State Road 7, Coconut Creek, Florida 33073; principal investor(s}: Louis C. Bachrodt, Ill, 5500 North Stale Road 7, Coconut Creek, Florida 33073 and Patrick M. Bachrodt, 5S00 Norlh State Road 7, Coconut Cr ek, Florida 33073.

The nolice indica(es intent to establish lhe new point location in a county of more than 300,000 population, according to the latest population estimates of the University of Florida, Bureau of Economic and Business Resea1'ch.

Certain dealerships of the same line.make may have standing, pursuant to Section 320.642, Florida Statutes, to file a petition or complaint protesting the application.

Written petilio11s or complaints must be received by the Department of Highway. Safety and Motor Vehicles within 30 days of the dale or publication of lhis notice and must be submitlcd to: Nalini Vinayak, Adminislmlor, Dealer License Section, Deiiartment of liighway Safety a11d Motor Vehicles, Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee Parkway, Tallahassee, Flotidn 2399·0635, . . A copy of such pelition or complaint must also be sent by

U.S. Mail to: Jolm Thamcrt, Subaru of America, Inc., South Central Region, 220 Theluffs, Austell, Georgia 30168.

EXHIBIT"A"

1684 Section XU• Mii;ccllaneous

Florld,1 Ad111i11lstr111i11c Week(!• Vo/11mc 35, Number 13, tJprll 3, 2009

If no petitions or complainls are received within 30 days

; .. . fl

1

of the dale of publication, a final order will be issued by th_e

Franchi:o c:ii1:!:, i :!\1a ;,

: ; / •

Department of Highway Safety and Motor Vehicles approving the establishment of the dealership, subject lo the applicant's compliance with the provisions of Chapter 320, Florida Statutes.

Notice of Publication for a New Point Franchise Motor Vehicle Dealer in a County of More

than 300,000 PoP.ulation

Pursuant lo Section 320.642, Florida Stalules, nolice is given that Triumph Motorcycles (America), Lid., intends to allow the establishmenl of Motorcycles of Miami, Inc., as a dealership for the sale of Triumph molcircycles (TRUM) at 7501 Northwest 36th Street, Miami (Dade County), Flotida 33I 66, on or after April 19, 2009.

The name and address of lhe dealer operator(s) and principal inves!or{s} of Motorcycles of Miami, Inc. are dealer operator(s): Doner Garcia, 8634 Northwest I14th Court, Miami, Florida 33178; principal inveslor(s): Francisco Garcia, 3039 Ellice Way, Naples, Florida 34 I 14 and Doner. Garcia, 8634 Northwest 114th Court, Miami, Florida 33178. ·

The notice indicalcs intent to establish the new point location in a county of more than 300,000 population, according to the latest population estimates of the University of Florida, Bureau ofEconomic and Business Research.

Certain dealerships of the same line-make may have standing, pursuant to Section 320.642, Florida Statutes, to file a petition or complaint protesting the application.

Written petitions or complaints must be received by the Dep rtment of Highway Safety and Motor Vehicles within 30 days of the date of publication of this notice and must be submitted to: Nafini Vinayak, Administrator, Dealer License Section, Department of Highway Safety and Motor Vehicles, Room A-312; MS 65, Neil Kirkman Building, 2900 Apalachee Parkway, Tallahassee, Florida 32399-0635.

A copy of such pelilion or complaint must also be sent by

U.S. Mail fo: Michael . Lashley, Triumph Motorcycles (America), Ltd., 385 Wal( S1111ders Memori11l Drive, Suite JOO, Newman, Georgia 30265.

If no petitions or complaints nre received within 30 days of the date of pubIicalion, a final order will be issued by the Department of Highway Safety and Motor Vehicles approving

!he csCablishmenl of !he dealership, subject to the applicant's compliance with lhe provisions of Chapter 320, Florida Statutes.

t? n 300,000 P9,Pu) ion <) _•:o:.t-: Pursuant to Ser;t1011 320.64:t,' Statufo ot1ce 1s given _Ilia! Piaggio Group America toal " the estabhshmen( of Scooter Superstor , Inc., a

1 •

! i

,hf ;fs

dealership for the sa!c ofMoto Guzzi m. (MOGLJYat 10100 San Jose oulevard; Jacksonville County}, Florida 32257, on or:aner March 12, 2009. ·

The name and! address of the dealer operator(s) and principal investor(s),ofScooter Superstore of America, lnc. are dealer operator(s): ' Peter Warrick, 2311 Thomas_ Street, Hollywood, Florida 33020; principal investor(s): Peter Warrick, 2311 Th m11s Street, Hollywood, F)orida 33020.

The notice indicates intent to establish the new point location in a county of more than 300,000 population, according 10 the °latest population estimates of the University of Florida, Bureau of Economic and Business Research.

Certain dealerships of the s11111e line-make may have standing, pursuant t Section 320.642, Flolida Statutes, to file a petition or complaipl protesting the application.

Written petitions or complaints must be received by the Department of Highway Safety and Motor Vehicles within 30 days of the date of: publication of this notice and must be submitted to: Naliu{ Vinnyak, Administrator, Dealer License Section, Deparlmenl!of Highway Safety and Motor Vehicles, Room A-312, MS 65; Neil Kirkman Building, 2900 Apalachee Parkwa}', Tallahassed, Florida 32399-0635.

A copy of such petition or complaint must also be sent by

U.S. Mail · to: Allgellina Fraser-Lubin, Piaggio Group Americas, Inc., 140 ;East 451h Street, 17th Floor, New York, New York 10017. J

If no petitions tcomplaints are received within 30 days of lhe date of publi tion, a final order will be issued by !he Department of High •ay Safety and Motor Vehicles approving the establislrn1e11I of the dealership, subject to the applicant's complfoncc wilh the provisions of Chapter 320, Florich1· Statutes.

Notice of Publication for a New Poinl Franchise Motor Vehicle Dealer inn County of More

than 300,000 Populuti_on

Pursuanl to Section 320.642, Florida Statutes, notice is given that Keeway. America, LLC, intends lo allow the establishment of Tro1'1ical Scooters, LLC, as a dealership for tlte sale of molorcyc, es manufactured by Zhejiang Qiftnjiang Motorcycle Co. L!d.!(ZHQM) at 11610 Seminole Boulevard,

Largo (Pinellas Com\ry), Florida 33778; 011 or after Febntar}' 18, 2009. . .

EXHIBIT"A"

Section XII - Miscellaneous (r,35

Docket for Case No: 09-002262

Orders for Case No: 09-002262