STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

iMOTORSPORTS SPB, LLC d/b/a INDIAN MOTORCYCLE OF ST. PETE,

vs.

Petitioner,

HSMV Case No.: MS-20-431

MORAMOTO LLC and POLARIS SALES & SERVICE, INC.,

Respondents.

/

FINAL ORDER

DOAH Case No.: 21-0069

FINAL ORDER NO.: 2021

HSMV-21-0030-FOI-MS

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

This matter comes before the Department of Highway Safety and Motor Vehicles for entry of a final order upon submission of the Order Closing File and Relinquishing Jurisdiction issued February 10, 2021, by the Honorable Brian A. Newman, Administrative Law Judge of the Division of Administrative Hearings; Respondent’s Notice of Withdrawal of Claim for Fees and Costs, filed February 10, 2021; and Petitioner’s Notice of Withdrawing Protest, filed February 5, 2021, copies of which are attached and incorporated by reference in this order.

Petitioner’s protest having been withdrawn, the petition is DISMISSED, Respondents’ application is GRANTED, and the case is CLOSED. If the applicant meets all other requirements for licensure, the Bureau of Dealer Services may issue a license for the proposed establishment of Moramoto LLC as an Indian Motorcycle franchise dealer for the sale in Hillsborough County of such motorcycles manufactured by Polaris Sales & Service, Inc. (line-make INDI).

DONE AND ORDERED this 10th

Leon County, Florida.

day of February

, 2021, at Tallahassee,

FILED FLHSMV AGENCY CLERK FEB 10 2021

MS-20-431

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

Tallahassee, Florida 32399

Page 1 of 2

iMOTORSPORTS SPB, LLC d/b/a INDIAN MOTORCYCLE OF ST. PETE v. MORAMOTO LLC and POLARIS SALES & SERVICE, INC.

HSMV Case No. MS-20-431 DOAH Case No. 21-0069

Filed February 11, 2021 8:00 AM Division of Administrative Hearings

COPIES FURNISHED this 10th

day of February

, 2021, to:

Nicholas A. Bader, Esquire Bass Sox Mercer

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

Micah A. Andrews, Esquire Bass Sox Mercer

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

Andrew A. Mora Moramoto LLC

16221 Swenson Terrace

Lutz, Florida 33549-3586 alina@moramoto.com

Jordan Benning

Polaris Sales & Service, Inc. 2100 Highway 55

Medina, Minnesota 55340-9770 jordan.benning@polaris.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

§ 120.68, Fla. Stat., and Fla. R. App. P. 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 Fla. R. App. P. 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.

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iMOTORSPORTS SPB, LLC d/b/a INDIAN MOTORCYCLE OF ST. PETE v. MORAMOTO LLC and POLARIS SALES & SERVICE, INC.

HSMV Case No. MS-20-431 DOAH Case No. 21-0069

Docket for Case No: 21-000069

Orders for Case No: 21-000069