Conclusions This matter came on for determination by the Department upon submission of an Order Closing File by P. Michael Ruff, an Administrative Law Judge, of the Division of Administrative Hearings, 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. ORDERED that this case is CLOSED and no license will be issued to Galaxy Powersports, LLC, d/b/a JCL International, LLC, and Kitai Powersports, Inc. to sell motorcycles manufactured by Taizhou Zhongneng Motorcycle Co. Ltd. (ZHNG) at 228 North 3" Street, Jacksonville (Duval County), Florida 32250. DONE AND ORDERED this w)A ~day of June, 2009, in Tallahassee, Leon County, Florida. 'ARL A. FORD, Directo: Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399 Filed with the Clerk of the Divisio pploror Vehicles this A— day of June, 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. CAF/vlg Copies furnished: Terry Henson Scooter Boutique, Inc. 12526 Masters Ridge Drive Jacksonville, Florida 32225 Claudio Biltoc Kitai Powersports, Inc. 143 Belmont Drive St. Johns, Florida 32259 Pete Biltoc Kitai Powersports, Inc. 13887 Sea Prairie Street Jacksonville, Florida 32216 Michael J. Alderman, Esquire Assistant General Counsel Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Rm. A-432 Tallahassee, Florida 32399-0504 P. Michael Ruff 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
Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by R. Bruce McKibben, Administrative Law Judge of the Division of Administrative Hearings, pursuant to non-compliance to the requirements set out in the Order to Show Cause—for both parties to file responses no later than June 19, 2009 as to why this matter should not be closed based on lack of response to the Initial 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 Galaxy Powersports, LLC d/b/a JCL International, LLC and New Wave Cycles, Inc. to sell motorcycles manufactured by Kaitong Motorcycle Manufacture Co. Ltd. (KAIT) at 14813 US Highway 19, Hudson, (Pasco County), Florida 34667. . DONE AND ORDERED this 2 g ay of July, 2009, in Tallahassee, Leon County, Florida. ARL A. FORD, Director 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 day of July, 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. CAF/vlg Copies furnished: Leo Su Galaxy Powersports, LLC d/b/a JCL International, LLC 2667 Northhaven Road Dallas, Texas 75229 Gary McCarthy New Wave Cycles, Inc. 7436 Hatteras Drive Hudson, Florida 34667 Andrew Hennosy Connie Hennosy Pine Woods Center, Inc., d/b/a Pasco Cycle 10312 State Road 52 Hudson, Florida 34669 Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building 2900 Apalachee Parkway, Room A432 Tallahassee, Florida 32399 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
Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by Ella Jane P. Davis, an Administrative Law Judge of the Division of Administrative Hearings, 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. Said Order Closing file was predicated upon Respondent’s Notice of Voluntary Dismissal with prejudice. Accordingly, it is hereby ORDERED that the Dealer Sales and Service Agreement between Kawasaki Motors Corporation, U.S.A. and Fun By Land and Sea, Inc. is terminated. DONE AND ORDERED this yA 4, of August, 2009, in Tallahassee, Leon afl A. Ford, Director Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399 County, Florida. Filed with the Clerk of the Division of Motor Vehicles this _Tthday of August, 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. CAF: vlg Copies furnished: Donald St. Denis, Esquire St. Denis & Davey 1300 Riverplace Boulevard, Suite 101 Jacksonville, Florida 32207 Dean Bunch, Esquire Nelson Mullins Riley & Scarborough LLP 3600 Maclay Boulevard South, Suite 202 Tallahassee, Florida 32309 Administrator Ella Jane P. Davis Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Michael J. Alderman, Esquire Assistant General Counsel Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Rm. A-432-02 Tallahassee, Florida 32399-0504 ‘Florida Administrative Law Reports Post Office Box 385 Gainesville, Florida 32602 Nalini Vinayak Dealer License Section STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS KAWASAKI MOTORS CORPORATION, _) USA, ) Petitioners, vs. Case No.: 09-0720 FUN BY LAND AND SEA, INC.,, Respondents. | NOTICE OF VOLUNTARY DISMISSAL Respondents, FUN BY LAND & SEA, INC., by and through its undersigned counsel and pursuant to Rule 1.420(c) of the Florida Rules of Civil Procedure, hereby files this Notice of Voluntary Dismissal with prejudice of its Petition for Administrative Proceedings and determination of unfair termination under § 320.641(3), Florida Statutes, by Petitioner, KAWASAKI MOTORS CORPORATION, U.S.A., in the above titled action. Each party to this action shall bear their own attorney fees and costs. ST. DENIS & DAVEY, P.A. DONALD W. ST. DENIS, a Florida Bar Number 0794864 MICHAEL J. LUFKIN, ESQUIRE Florida Bar Number 0030492 1300 Riverplace Boulevard, Suite 101 Jacksonville, Florida 32207 (904) 396-1996 — Telephone (904) 396-1991 — Facsimile Attorneys for Respondents Filed July 24, 2009 4:46 PM Division of Administrative Hearings. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished by facsimile and U.S. Mail this 24th day of July, 2009, to C. Everett Boyd, Jr., Esq., Atiorney for Petitioner, : Nelson Muilins Riley & Scarborough, LLP, 3600 Maclay Boulevard South, Suite 202, Tallahassee, FL 32312; and Dean Bunch, Esq., Attorney for Petitioner, Nelson Mullins Riley & Scarborough, LLP, 3600 Maclay Boulevard South, Suite 202, Tallahassee, FL 32312; and by U.S. Mail to Michael J. Alderman, Esq., Department of Highway Safety and Motor Vehicles, Nei] Kirkman Building, Room A-432, 2900 Apalachee Parkway, Tallahassee, FL 32344.
Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by Patricia M. Hart, Administrative Law Judge of the Division of Administrative Hearings, pursuant to Petitioner's request for withdrawal, 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 Moto Dealer Import, LLC and Continental Motor Group, Inc. to sell motorcycles manufactured by Benzhou Vehicle Industry Group Co. Ltd. (SHWI) at 885 Southeast Monterey Road, Stuart (Martin County), Florida 34994. Filed December 17, 2009 8:31 AM Division of Administrative Hearings. DONE AND ORDERED this /54,of December, 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 Divis/kthf Motor Vehicles this uday of December, 2009. ,.<.;?C?.c,,Dealllr7lcenieAdmlnistratorNOTICE 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: Jack Lin Moto Dealer Import, LLC 4998-B South Royal Atlanta Drive Tucker, Georgia 30084 Mark Mourning Wenmark, Inc. d/b/a All The Wheel Toys 1540 Northwest Federal Highway Stuart, Florida 34994 Onofrio Bruno Continental Motor Group, Inc. 885 Southeast Monterey Road Stuart, Florida 34994 Patricia M. Hart Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building 2900 Apalachee Parkway, Room A432 Tallahassee, Florida 32399 Nalini Vinayak Dealer License Administrator Florida Administrative Law Reports Post Office Box 385 Gainesville, Florida 32602
Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Closing File and Relinquishing Jurisdiction by D.R. Alexander, Administrative Law Judge of the Division of Administrative Hearings, pursuant to Respondent’s Notice of Withdrawal, a copy of which is attached and incorporated by reference in this order. The Department hereby adopts the Order Closing File and Relinquishing Jurisdiction as its Final Order in this matter. Accordingly, it is hereby ORDERED that this case is CLOSED and no license will be issued to Peace Industry Group (USA), Inc., and Cycle Pros of Tampa, Inc. to sell motorcycles manufactured by Chongquing Astronautical Bashan Motorcycle Manufacturer Co., Ltd., (BASH) at 2221 US 92, Lakeland (Polk County), Florida 33801. Filed July 29, 2014 9:36 AM Division of Administrative Hearings DONE AND ORDERED this AZ day of July, 2014, in Tallahassee, Leon County, Florida. Filed in the official records of the Division of , Motorist Services this AS day of July, Bureau of Issuance Oversightscesassn 2014. Division of Motorist Services Department of Highway Safety and Motor Vehicles Vabn: Crragol Neil Kirkman Building, Room A338 Nalini Vinayak, Dealer License Administrator — Tallahassee, Florida 32399 Copies furnished to: Amber L. Moran, Member KM Powersports Number 2, LLC Donn Lund 1402 Highway 92 West Regional Administrator Auburndale, Florida 33823 Dealer License Section D.R. Alexander Administrative Law Judge Meiredith Huang Division of Administrative Hearings Peace Industry Group (USA), Inc. The DeSoto Building 2649 Mountain Industrial Boulevard 1230 Apalachee Parkway Tucker, Georgia 30084 Tallahassee, Florida 32399-1550 Carmen Hayes G. Michael Smith, Esquire Cycle Pros of Tampa, Inc. Smith Collins, LLC 3691 State Road 580 West 8565 Dunwoody Place, Building 15 Oldsmar, Florida 34677 Atlanta, Georgia 30350 i) 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.
The Issue Whether El Sol Trading, Inc. (El Sol) should be permitted, over Respondent's protest, to establish an additional dealership for the sale of motorcycles manufactured by Taizhou Zhongneng Motorcycle Co., Ltd. (ZHNG Motorcycles) at 7000 Park Boulevard, Pinellas Park, Florida.
Findings Of Fact Based on the evidence adduced at hearing, and the record as a whole, the following findings of fact are made: Respondent is an existing franchised dealer of ZHNG Motorcycles. Its dealership is located at 6239 Park Boulevard, Pinellas Park, Florida. The driving distance between Respondent's dealership and the location of the new dealership El Sol proposes to establish at 7000 Park Boulevard, Pinellas Park, Florida, is roughly one mile.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Department of Highway Safety and Motor Vehicles issue a Final Order denying El Sol approval to establish a new ZHNG Motorcycle dealership at 7000 Park Boulevard, Pinellas Park, Florida. DONE AND ENTERED this 18th day of November, 2010, in Tallahassee, Leon County, Florida. S STUART M. LERNER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 18th day of November, 2010. COPIES FURNISHED: Julie L. Jones, Executive Director Department of Highway Safety and Motor Vehicles Neil Kirkman Building 2900 Apalachee Parkway Tallahassee, Florida 32399-0500 Steve Hume, General Counsel Department of Highway Safety and Motor Vehicles Neil Kirkman Building 2900 Apalachee Parkway Tallahassee, Florida 32399-0500 Gloria Ma El Sol Trading, Inc., d/b/a Motobravo, Inc. 19877 Quiroz Court City of Industry, California 91789 Lindsey Park Eco Green Machine, LLC 7000 Park Boulevard, Suite A Pinellas Park, Florida 33781 David Dubin Seminole Scooters, Inc. 6239 Park Boulevard Pinellas Park, Florida 33781
Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by P. Michael Ruff, Administrative Law Judge of the Division of Administrative Hearings, pursuant to non-compliance to the requirements set out in the Order to Show Cause—for both parties to file responses no later than July 26, 2009 as to why this matter should not be closed based on lack of response to the Order of Pre-Hearing Instructions. 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 Galaxy Powersports, LLC d/b/a JCL International, LLC and Kitai Powersports, Inc. to sell motorcycles manufactured by Kaitong Motorcycle Manufacture Co. Ltd. (KAIT) at 228 North 3™ Street, Jacksonville, (Duval County), Florida 32250. DONE AND ORDERED this bu of August, 2009, in Tallahassee, Leon County, Florida. Carl A. Ford, Director 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 day of August, 2009. i Vinayak, Dealer nat. 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/vig Copies furnished: Leo Su . Galaxy Powersports, LLC d/b/a JCL International, LLC 2667 Northhaven Road Dallas, Texas 75229 Jim Lee Road Power USA, LLC 927 North 3 Street Jacksonville Beach, Florida 32250 Claudio Biltoc Kitai Powersports, Inc. 143 Belmont Drive St. Johns, Florida 32259 Pete Biltoc Kitai Powersports, Inc. 13887 Sea Prairie Street Jacksonville, Florida 32216 Rustin Murray Kitai Powersports, Inc. 400 North Pimlico Street St. Augustine, Florida 32090 Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building 2900 Apalachee Parkway, Room A432 Tallahassee, Florida 32399 P. Michael Ruff 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
