Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by Daniel Manry, Administrative Law Judge of the Division of Administrative Hearings, pursuant to Respondent’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 and ADJUDGED that Petitioner, Scooter City USA, LLC, be granted a license as a dealer for the sale of motorcycles manufactured by Taizhou Zhongneng Motorcycle Co. Ltd (ZHNG) at 2650 West Fairbanks Avenue, Winter Park (Orange County), Florida 32789 upon compliance with all applicable requirements of Section 320.27, Florida Statutes, and all applicable Department rules. DONE AND ORDERED this % ay of June, 2009, in Tallahassee, Leon County, Florida. 'ARL A. FORD, Direct 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 £4 “ay 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 Procédure. CAD/vlg Copies furnished: James Sursely Action Orlando Motorsports 306 West Main Street Apopka, Florida 32712 Maureen McCarthy Daughton, Esquire Broad and Cassel 215 South Monroe Street, Suite 400 Post Office Drawer 11300 Tallahassee, Florida 32301 Thomas Lynott Classic Motorcycles and Sidecars, Inc. Post Office Box 969 Preston, Washington 98050 Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building 2900 Apalachee Parkway, Room A432 Tallahassee, Florida 32399 Daniel Manry 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 STATE OF FLORIDA EE, DIVISION OF ADMINISTRATIVE HEARINGS io Us Ga [es Pe) CLASSIC MOTORCYCLES AND __ Ulu We 9 SIDECARS, INC., AND SCOOTER “hy, lois ne CITY USA, LLC, MEM Rar Petitioner, “AYA 165 (VE VS. Case Nos. 09-0118 09-0119 JAMES SURSELY, d/b/a ACTION ORLANDO MOTORSPORTS, Respondent. NOTICE OF WITHDRAWAL I, James Sursely d/b/a Action Orlando Motorsports, would like to officially withdraw my protest against Classic Motorcycles and Sidecars Inc., and Scooter City USA, LLC, located at 2650 West Fairbanks Avenue, Winter Park, Florida 32789 to carry the (ZHNG) Taizhou Zhongneng Motorcycle Co. Ltd. I still however, am continuing my protest against Classic Motorcycles and Sidecars, Inc., and Scooter City USA, LLC. to carry the (ZHNG) Taizhou Zhongneng Motorcycle Co. Ltd. line make at the following address 2164 Platinum road, unit K, Apopka, Florida 32703. : Respectfully submitted this 117" day of May, 2009, 306 W. Main St. Apopka, Florida 32712 (407) 889-7300 CERTIFICATE OF SERVICE I certify that a true and correct copy of this Unilateral Response to Initial Order has been furnished via Fax (850) 921-6847and U.S mail to: Honorable DANIEL MANRY, Administrative Law Judge, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060 Michael James Alderman, Esquire, Department of Highway Safety and Motor Vehicles, Neil Kirkman Building, room A~432, 2900 Apalachee Parkway, Tallahassee, Florida 32344 Maureen McCarthy Daughton, Esquire, Broad and Cassel, 215 South Monroe Street, Suite 400, Post Office Drawer 11300, Tallahassee, Florida 32301 Randy Lazarus, Scooter City USA, LLC., 2650 W Fairbanks Avenue, Winter Park Florida 32789 Thomas Lynott, Classic Motorcycles and Sidecars, Inc., Post Office Box 969 Preston, Washington 98050
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
Findings Of Fact American Isuzu is the licensed distributor of Isuzu motorcars and trucks in the United States. American Isuzu licenses franchise dealers to market Isuzu cars and trucks to the consuming public. Isuzu products are manufactured in Japan. American Isuzu began marketing Isuzu products in the United States in March, 1981. Isuzu products compete primarily with other compact imported cars and trucks such as Datsun, Toyota, Volkswagen and others. American Isuzu supports the application of Hollywood Isuzu for licensure to market Isuzu products in Hollywood, Florida. Isuzu of North Miami is owned by David Zinn. Isuzu of North Miami is currently under contract with American Isuzu and duly licensed to market Isuzu products at a location in northwestern Dade County, Florida. Zinn is a capable automobile dealer. He operates a successful Datsun dealership in Stuart, Florida, and a successful Toyota dealership in north Dade County, Florida. Zinn's was the first Toyota dealership in Florida. He has been involved in automobile sales for most of his life. His stature as a successful dealer has been recognized. At the time of the hearing, he was serving as Chairman-Elect of the Board for the American International Automotive Dealership Association, an organization which advances the interests of imported-automobile dealers. Zinn is fully qualified to operate an Isuzu dealership. Isuzu of North Miami is located on U.S. Highway 441 in northern Dade County. The facility is directly across the street from Zinn's Toyota dealership. He has constructed a complete sales and service facility in order to effectively market and service Isuzu automobiles. He has invested approximately $850,000 in the Isuzu dealership. At the time of the hearing, construction on the facility had not been entirely finished, but it was sufficiently completed so that sales and service functions were under way. Hollywood Isuzu is owned by George Nassief. Nassief has been involved in automobile sales for the past thirty years. He currently owns and operates three automobile dealerships in Ohio. He has won dealer awards from Ford, Pontiac, Toyota and Honda. Nassief has been interested in developing an automobile dealership in south Florida. American Isuzu has granted Hollywood Isuzu a franchise contract to operate an Isuzu dealership at 1321 North Sixtieth Avenue, Hollywood, Florida. Sixtieth Avenue is also known as U.S. Highway 441. The Isuzu of North Miami facility is less than five miles from the proposed Hollywood Isuzu location on the same roadway. In order to sell and service Isuzu products, Nassief proposes to construct a complete sales and service facility. He has already purchased land, hired an architect and begun preparation of the site. He plans to invest approximately $700,000 in the venture. Nassief is fully qualified to operate an Isuzu dealership. American Isuzu has developed marketing concepts or strategies to advance its entry into the American automotive market. For initial penetration, American Isuzu chose several market areas primarily in the western and southeastern United States. Florida is a well-recognized imported automobile market, and south Florida is the major Florida market. American Isuzu targeted south Florida as a primary zone for its initial efforts. Initial plans were to locate four dealerships in Broward County and three in Dade County. A decision was made to select dealers from individuals who had demonstrated themselves as successful dealers of other products. American Isuzu decided to establish average-sized dealerships rather than "size-of-market" dealers. Ultimately, American Isuzu desires to have each of its dealers be average in size. Voluntary trade restrictions that have been imposed upon automobiles imported from Japan have interfered somewhat with American Isuzu's initial plans. However, three Broward County and two Dade County dealerships have been established. One Broward dealership is located on U.S. Highway 441 in Plantation, Florida, approximately six miles north of the location proposed by Hollywood Isuzu. The other two Broward County Isuzu dealerships are located in the northern and central portions of the county, along U.S. Highway 1 in the City of Fort Lauderdale. These locations are to the east of the Plantation location, the proposed Hollywood location and Isuzu of North Miami. During the time that Zinn was negotiating with American Isuzu for an Isuzu franchise, he proposed to locate in western Broward County near the presently proposed Hollywood Isuzu location. The then District Manager of American Isuzu, Mr. Mike Bonamy, declined to approve that location, and instead insisted upon the north Miami location. Bonamy suggested that Zinn would be able to serve the west Hollywood market from the northern Dade County location. Zinn was led to believe that a Hollywood location would be approved, but that it would be located along U.S. Highway 1, rather than on the same highway as his dealership. Isuzu of North Miami does not oppose the creation of a fourth Isuzu dealership in Broward County, but rather opposes the location of it on U.S. Highway 441, rather than U.S. Highway 1. American Isuzu has not delineated specific market areas for its dealerships. American Isuzu is seeking to penetrate the broad south Florida market by the introduction of various dealerships. A primary source of customers within this area is located in the western portions of Broward and Dade Counties. Through existing dealerships, Isuzu has obtained a market penetration reflected as a percentage of total import sales which equals its penetration statewide in Florida. American Isuzu's entry into the American market would be facilitated by strongly penetrating certain market areas, then expanding from that base. American Isuzu has sought to accomplish this strategy by locating numerous dealers in south Florida. Despite the emphasis, American Isuzu has not penetrated south Florida more pervasively than it has the state, generally. American Isuzu is clearly capable of marketing additional automobiles in south Florida. In order to accomplish that in harmony with its policy of maintaining average-sized dealerships, it is necessary that American Isuzu establish an additional Broward County dealership. The western portion of Hollywood, where Hollywood Isuzu proposes to locate, is a logical choice for the additional dealership. Numerous clusters of dealerships have been established along U.S. Highway 441 in northern Dade County and western Broward County. In close proximity to Isuzu of North Miami, there are Toyota, Mazda and Volkswagen dealerships. In close proximity to the proposed Hollywood Isuzu location, there are Toyota, Honda and Datsun dealerships. In close proximity to the Plantation Isuzu dealership, there are Mazda, Toyota and Datsun dealerships. Such "clusters" of competing dealerships tend to stimulate sales. Location of an Isuzu dealership at the proposed Hollywood location should not operate to reduce sales on the part of Isuzu of North Miami. Rather, the dealership should aid Isuzu in further penetrating the Broward and Dade County markets. By increasing the visibility of Isuzu generally, the additional facility should also serve to stimulate Isuzu sales. While Isuzu of North Miami can offer Isuzu automobiles to potential customers in the west Hollywood area, it cannot stimulate such sales as well as a specific dealership in that location could. American Isuzu has charged that Isuzu of North Miami has not complied with certain provisions of its licensing agreement. These allegations are not supported by the evidence. Isuzu of North Miami originally proposed to appoint David Zinn's son Craig to manage the Isuzu of North Miami facility. Craig Zinn has, however, decided to pursue another opportunity. It does not appear that the absence of Craig Zinn from the Isuzu of North Miami picture renders Isuzu of North Miami unable to adequately sell and service Isuzu automobiles. Indeed, it appears that Isuzu of North Miami has personnel who are fully capable of operating a successful dealership. American Isuzu has alleged that Isuzu of North Miami does not have a sufficient number of trained service personnel and has not purchased sufficient tools. These allegations are not sustained by the evidence. It does appear that Isuzu of North Miami has at least two trained and qualified Isuzu mechanics and has purchased tools with which it can properly service Isuzu automobiles.
The Issue Whether the Petitioners should be permitted to establish a "line-make dealership" for Taizhou Zhongneng Motorcycle Company, Ltd. (ZHNG) line-make motorcycles/scooters.
Findings Of Fact This matter was convened for hearing for the above- named parties, concerning the issue referenced above. The hearing was held in Daytona Beach, Florida, on March 18, 2009, as more particularly announced in the Notice of Hearing, which was served on both parties at their last-known addresses of record. Upon convening the hearing at the noticed location, date and time, no party made an appearance. After waiting for nearly one hour, there was still no appearance by either party. There has been no communication from either party before, during or since the hearing regarding any request or reason, concerning the failure to appear. After waiting for the above period of time, without appearances by either party, the hearing was adjourned. No communication has been received to explain the lack of appearances. The Notices of Hearing served on the parties have not been returned as un-deliverable by the United States Postal Service. Since no evidence could be taken, no additional facts may be found.
Recommendation RECOMMENDED that a final order be entered by the Florida Department of Highway Safety and Motor Vehicles, dismissing the Petition in its entirety. The file of the Division of Administrative Hearings is hereby closed. DONE AND ENTERED this 6th day of April, 2009, in Tallahassee, Leon County, Florida. S P. MICHAEL RUFF 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 Clerk of the Division of Administrative Hearings this 6th day of April, 2009. COPIES FURNISHED: Michael James Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A-432 2900 Apalachee Parkway Tallahassee, Florida 32344 Gene Chang Lance Powersports, Inc. 5200 Ontario Mills Parkway, Suite 100 Ontario, California 91764 David Levison Mega Powersports Corp. 390 North Beach Street Daytona Beach, Florida 32114 Electra Theodorides-Bustle, Executive Director Department of Highway Safety and Motor Vehicles Neil Kirkman Building 2900 Apalachee Parkway Tallahassee, Florida 32399-0500 Robin Lotan, General Counsel Department of Highway Safety and Motor Vehicles Neil Kirkman Building 2900 Apalachee Parkway Tallahassee, Florida 3399-0500
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
Findings Of Fact Respondent Dick Farmer's Harley Davidson of Orlando, Inc. (Respondent) has been a franchised Harley-Davidson motorcycle dealer in Orlando since 1966. The franchise agreement gives Respondent the right to sell Harley-Davidson products "primarily to persons residing or doing business" in Orange County. At all material times, Respondent has been the exclusive Harley-Davidson dealer in Orange County and has been located at 46 North Orange Blossom Trail, which is also known as Highway 441. Harley-Davidson, Inc. first awarded a franchise to a dealer in Seminole County in 1976. The original location of the Seminole County dealership was on Highway 436 less than one mile west of Highway 17-92. The Seminole County dealership was moved about two miles north to its present location on Highway 434 about two miles west of Highway 17-92. After this move, Harley Davidson of Seminole County, Inc. (Petitioner) acquired the Seminole County franchise and has since operated it from the Highway 434 location. Petitioner's franchise agreement gives it the right to sell Harley- Davidson products "primarily to persons residing or doing business" in Seminole County. At all material times, Petitioner has been the exclusive Harley- Davidson dealer in Seminole County. By application dated March 28, 1988, Petitioner requested a license to relocate its Harley-Davidson motorcycle franchise from its present location at 490 West Highway 434 to 8155 Highway 17-92. By letter dated November 12, 1987, Harley- Davidson, Inc. gave its approval of the relocation. On November 11, 1987, Respondent, through its attorney, sent a letter to Harley-Davidson, Inc., with copies to Petitioner and the Department of Highway Safety and Motor Vehicles (Department). In the letter, Respondent stated that a proposed relocation of Petitioner's dealership would adversely affect Respondent's rights under the existing franchise agreement with Harley- Davidson, Inc. and violate Sections 320.641 and 320.642, Florida Statutes. The Department has denied Petitioner's application for a license to relocate the dealership. The above-described locations of the Seminole County dealership are all in Seminole County, which is immediately north of Orange County. The present location is on a major east-west highway running through the central portion of south Seminole County, about two miles west of Highway 17-92 and three miles east of Interstate 4. Both of these highways are important north-south routes linking Seminole and Orange Counties. The proposed location is about 3 1/4 miles south of the present location. It is less than one mile south of the original location and about .9 mile north of the Orange County line. Approximately 25% of Respondent's sales are to persons residing in the vicinity of the county line dividing Seminole and Orange Counties, although Respondent was unable to separate its Seminole County sales from north Orange County sales. There was no evidence that Respondent was inadequately representing Orange County or that Respondent had failed to comply with any provisions of its franchise agreement.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that a Final Order be entered granting a license to Harley Davidson of Seminole County, Inc. to relocate its Harley-Davidson motorcycle dealership from 490 West Highway 434 to 8155 Highway 17-92 in Seminole County. DONE and RECOMMENDED this 20th day of October, 1988, in Tallahassee, Florida. ROBERT E. MEALE Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 20th day of October, 1988. APPENDIX Treatment Accorded Petitioners' Proposed Findings of Fact 1-2 and 4. Adopted. 3. First clause of first sentence rejected as against the greater weight of the evidence. According to the map, the distance between Respondent's location and the proposed location is a little over 8 miles. (All distances are "as the crow flies.") Second clause of first sentence adopted. Second sentence rejected as irrelevant. 5-6 and 8. Rejected as irrelevant. 7 and 9. Adopted. 8. Rejected as not finding of fact and irrelevant. 11-16. Rejected as irrelevant. The replacement-dealer doctrine has no application under present law when the dealer relocation takes place outside the territory of the protesting dealer. 17. Adopted except that Petitioner's territory has been established by Harley-Davidson, Inc., not the Department in its earlier final order. Treatment Accorded Respondent's Proposed Findings of Fact 1 and 4-5. Rejected as not findings of fact. 2-3 and 6. Adopted. First sentence rejected as against the evidence. Petitioner purchased the dealership after it was moved from Highway 436 to Highway 434. Second sentence adopted. Adopted in substance. Rejected as irrelevant. 10 and 13-14. Rejected as subordinate. 11-12. Adopted in substance. Rejected as irrelevant. Adopted. Rejected as repetitious. Rejected as irrelevant. and 21. Rejected as subordinate. and 22. Rejected as unsupported by the greater weight of the evidence. Rejected as irrelevant. Rejected as recitation of testimony. COPIES FURNISHED: Joel S. Rossignolo, Esquire 3616 Squire Lane Orlando, Florida 32806 Michael Gasdick, Esquire 250 North Orange Avenue Suite 1400 Orlando, Florida Joseph C. Jacobs, Esquire Post Office Drawer 1170 Tallahassee, Florida 32302-1170 Harley Davidson, Inc. 3700 West Juneau Avenue Post Office Box 653 Milwaukee, WI 53201 Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399-0500 Dealer License Section Room A3l0 Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399-0500 Enoch Jon Whitney General Counsel Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399-0500 Charles J. Brantley Director Division of Motor Vehicles Room B439 Neil Kirkman Building Tallahassee, Florida 32399-0500
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.
