STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

KISSIMMEE MOTORSPORTS, INC.,

Petitioner,

vs.

POLARIS INDUSTRIES INC., POLARIS SALES & SERVICE, INC. d/b/a POLARIS SALES, INC., and POLARIS EXPERIENCE, LLC d/b/a POLARIS ADVENTURES,

HSMV Case No.: MS-18-1381 DOAH Case No.: 18-5788

Respondents.

/ TEAM SAVAGE, INC. d/b/a CYCLE SPRINGS POWER SPORTS,

vs.

Petitioner, HSMV Case No.: MS-19-157 DOAH Case No.: 19-2712

POLARIS INDUSTRIES INC., POLARIS SALES & SERVICE, INC. d/b/a POLARIS SALES, INC., and POLARIS EXPERIENCE, LLC d/b/a POLARIS ADVENTURES,

Respondents.

/

FINAL ORDER NO.:

HSMV-19-1008-FOI-MS

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

FINAL ORDER

This matter comes before the Department of Highway Safety and Motor Vehicles for entry of a final order upon submission of the Order Closing Files and Relinquishing Jurisdiction issued November 18, 2019, by the Honorable Andrew D. Manko, Administrative Law Judge of the Division of Administrative Hearings, based on the Petitioners’ Notice of Withdrawing Protests filed November 15, 2019, copies of which are attached and incorporated by reference in this order.

The Petitioners’ protests having been withdrawn, the petitions are DISMISSED and the cases are CLOSED.

Page 1 of 3

KISSIMMEE MOTORSPORTS, INC. & TEAM SAVAGE, INC. v. POLARIS INDUSTRIES INC., POLARIS SALES & SERVICE, INC. & POLARIS EXPERIENCE, LLC

HSMV Case Nos.: MS-18-1381 & MS-19-157 DOAH Case Nos.: 18-5788 & 19-2712

Filed November 27, 2019 9:57 AM Division of Administrative Hearings

DONE AND ORDERED this 27th

County, Florida.

day of November

, 2019, at Tallahassee, Leon

FILED FLHSMV AGENCY CLERK NOV 27 2019

MS-18-1381 & MS-19-157

Robert Kynoch, Director of Motorist Services Department of Highway Safety and Motor Vehicles 2900 Apalachee Parkway

Tallahassee, Florida 32399

COPIES FURNISHED this 27th

day of November

, 2019, to:

Joseph R. Gillespie, Agency Clerk Department of Highway Safety and Motor Vehicles

Room A432, Mail Stop 2 2900 Apalachee Parkway

Tallahassee, Florida 32399-0504 ogcfiling@flhsmv.gov joegillespie@flhsmv.gov

Nicholas A. Bader, Esquire Bass Sox Mercer

2822 Remington Green Circle Tallahassee, Florida 32308-3769 nbader@dealerlawyer.com sstrickler@dealerlawyer.com

Micah A. Andrews, Esquire Bass Sox Mercer

2822 Remington Green Circle Tallahassee, Florida 32308-3769 mandrews@dealerlawyer.com sstrickler@dealerlawyer.com

Jonathan Brennen Butler, Esquire Ciklin Lubitz

515 North Flagler Drive, 20th Floor West Palm Beach, Florida 33401-4330 jbutler@ciklinlubitz.com dfogarty@ciklinlubitz.com

Ed Broyles, Chief of Dealer Services Department of Highway Safety

and Motor Vehicles

Neil Kirkman Building, Room A-312, MS 65 2900 Apalachee Parkway

Tallahassee, Florida 32399-0635 edbroyles@flhsmv.gov

NOTICE OF APPEAL RIGHTS

A party adversely affected by this final order may seek judicial review as provided in section 120.68, Florida Statutes, and Florida Rule of Appellate Procedure 9.190. Judicial review is initiated by filing a notice of appeal with the Agency Clerk, and a copy of the notice of appeal, accompanied by the filing fee, with the appropriate district court of appeal. The notice of appeal must conform to the requirements of Florida Rule of Appellate Procedure 9.110(d) and must be filed (i.e., received by the Agency Clerk) within thirty days of rendition of this final order.

Filing with the Department’s Agency Clerk may be accomplished by U.S. mail, express overnight delivery, hand delivery, facsimile transmission, or electronic mail. The address for overnight delivery or hand delivery is Joseph Gillespie, DHSMV Agency Clerk, Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, A-432, MS-2, Tallahassee, Florida 32399. The facsimile number is (850) 617-5112. The email address is OGCFiling@flhsmv.gov.

Docket for Case No: 19-002712

Orders for Case No: 19-002712