STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

DOAH CASE NO.: 09-3050 OMV CASE NO. 09-1122

A 1 MOTORSCOOTERS.COM, LLC AND A 1 MOTORSCOOTERS.COM, LLC,

Petitioners,

vs.

ECO GREEN MACHINE, LLC,

Respondent.

.!

ORDER

This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by R. Bruce McKibben, an Administrative Law Judge of the Division of Administrative Hearings, a copy of which is attached and incorporated by reference in this order.

On February 17, 2009 A 1 Motorscooters.com, LLC submitted a letter of intent to establish A 1 Motorscooters.com, LLC as a dealer for the sale of JMSTAR. The letter of intent did not list Eco Green Machine, LLC as a dealer with standing to protest as required. Eco Green Machine, LLC did not learn of A 1 Motorscooters.com, LLC intent to establish a dealership for the sale of JMSTAR until after the time to protest had expired. Thus Eco Green Machine, LLC was not properly notified of A 1 Motorscooters.com, LLC intent to establish a dealership, and therefore was not afforded the opportunity to timely protest.

Accordingly, it is hereby

ORDERED that this case be remanded back to the Division of Administrative Hearings to be heard as if Respondent's protest had been timely filed.

Filed September 14, 2009 11:41 AM Division of Administrative Hearings.

DONE AND ORDERED this /p 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 Division of Motor Vehicles

this [ /:9r day of September, 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.

Copies furnished:

Stephen G. Mortimer, Esquire Law Office of Thomas E. O'Hara 1901 Ulmerton Road, Suite 786

Clearwater, Florida 33762

Patcharee Clark

Eco Green Machine, LLC 7000 Park Boulevard, Suite A Pinellas Park, Florida 33781

R. Bruce McKibben 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

Docket for Case No: 09-003050

Orders for Case No: 09-003050