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MOTO DEALER IMPORT, LLC AND CONTINENTAL MOTOR GROUP, INC. vs WENMARK, INC., D/B/A ALL THE WHEEL TOYS, 09-002839 (2009)
Division of Administrative Hearings, Florida Filed:Stuart, Florida May 21, 2009 Number: 09-002839 Latest Update: Dec. 17, 2009

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

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IN RE: MICKEY ROSADO vs *, 09-005227EC (2009)
Division of Administrative Hearings, Florida Filed:Fort Myers, Florida Sep. 23, 2009 Number: 09-005227EC Latest Update: May 06, 2010

The Issue The issues in this case are whether Mickey Rosado violated Subsection 112.313(8), Florida Statutes (2005),1 and, if so, what recommendation should be made for discipline.

Findings Of Fact Mr. Rosado served as member of the Cape Coral City Council (City Council) from April 2003 until he was suspended from office in January 2007. In addition to being on the City Council, Mr. Rosado owned a marketing business named Mickey Rosado Management, LLC. He and his wife also operated a small café and catering business. During the latter part of 2005, the City of Cape Coral (City) was involved in looking for property to expand the City’s office space. On December 5, 2005, the City Council met, and one of the items on the consent agenda was the request for authorization to offer $2,000,000 and negotiate a contract for the purchase of property located at 924 Del Prado Boulevard, Cape Coral, Florida. For purposes of this Recommended Order, this property will be referred to as the Motor City Property. Mr. Rosado voted against authorizing the negotiation of the purchase of the Motor City Property. In the discussion at the City Council meeting, Mr. Rosado stated that he felt the location had traffic problems. The motion to negotiate a contract for the Motor City Property passed on a seven-to-one vote. After the City Council meeting concluded, Mr. Rosado asked Terry Stewart (Mr. Stewart), who was the city manager, to look into purchasing some other property for the needed office space. The property was owned by Steve Westphal’s Used Car Factory, Inc., which is a car dealership owned by Steven L. Westphal (Mr. Westphal) and his children. The property to which Mr. Rosado was referring (Westphal Property) was located on Del Prado Boulevard, in Cape Coral, Florida. Mr. Stewart told Mr. Rosado that he would look into the Westphal Property. There are two versions of how Mr. Rosado came to know that Mr. Westphal would be willing to sell the Westphal Property to the City. According to Mr. Westphal, while visiting in Tennessee, he was watching the December 5, 2005, City Council meeting on television and listened to the discussion concerning the purchase of the Motor City Property. Mr. Westphal stated that he called Mr. Rosado to talk to Mr. Rosado in his capacity as a member of the City Council and advised Mr. Rosado that he would be willing to consider selling the Westphal Property to the City. Mr. Westphal stated that he also called A.J. Boyd, who was a member of the City Council, and told him of the possibility of selling the Westphal Property to the City. Mr. Rosado’s version is contained in a letter to the Ethics Commission staff dated February 12, 2009,2 in which Mr. Rosado responded to the question of how he learned about the availability of the Westphal Property as follows: Mr. Malone’s question was: “How did I find out about the property?” I replied that through a conversation with Mr. Westphal, when I called him about a property located in Cape Coral, called Motor City. I asked him about the property in question and he replied that the property didn’t deserve to be a location for a customer service center for the City of Cape Coral. I told him your property would be much better since it was located by City property,[3] and he agreed. Furthermore, he said, tell Mr. Stuart [sic] I will sell the city the Del Prado property, and I did so immediately after the meeting that evening. Whether Mr. Westphal’s version or Mr. Rosado’s version is correct, the undisputed fact remains that Mr. Westphal advised Mr. Rosado, in Mr. Rosado’s capacity as a member of the City Council, that he was willing to sell the Westphal Property to the City and that Mr. Westphal wanted Mr. Rosado to convey to the City that the property was for sale. The evidence does not support a finding that Mr. Westphal was advising Mr. Rosado in Mr. Rosado’s private capacity that he was in the market to sell the Westphal Property to anyone other than the City. As Mr. Westphal put it, “I’m not going to call a guy that delivers sandwiches to my dealership about selling a large piece of property.” It is clear that Mr. Westphal was talking to Mr. Rosado in Mr. Rosado’s capacity as a member of the City Council. It is also clear that the information that Mr. Westphal was willing to sell his property to the City was not information that was available to the general public. The evidence establishes that, before Mr. Westphal and Mr. Rosado talked in December 2005 about selling the Westphal Property to the City, Mr. Westphal had not had the Westphal Property on the market. As requested by Mr. Rosado, Mr. Stewart began looking into the Westphal Property to determine whether the property would be appropriate for the City’s needs. Mr. Stewart contacted Mr. Westphal and was given permission to visit the Westphal Property along with two other pieces of property owned by Steve Westphal’s Used Car Factory, Inc. Sometime between December 5, 2005, and December 12, 2005, Mr. Rosado contacted an employee of Top Two Development, Inc., and advised that the Westphal Property was available for sale. Mr. Rosado, in turn, advised Mr. Westphal that Top Two Development, Inc., was interested in purchasing the Westphal Property. A meeting was arranged at which Mr. Rosado introduced Mrs. Giraldo to Mr. Westphal to discuss the purchase of the Westphal Property and other properties owned by Steve Westphal’s Used Car Factory, Inc., as well as the car dealership. Mrs. Giraldo spoke Spanish but not English, and Mr. Westphal spoke English but not Spanish. Mr. Rosado and Mrs. Giraldo’s daughter, who was also at the meeting, were bi- lingual and translated for Mr. Westphal and Mrs. Giraldo. Mr. Westphal, as representative of Steve Westphal’s Used Car Factory, Inc., and Mrs. Giraldo, as representative of Top Two Development, Inc., came to an understanding to negotiate for the purchase of the properties and the stock of the dealership. Mr. Rosado drafted the Letter of Interest/Understanding for Negotiation Purposes which Mrs. Giraldo and Mr. Westphal signed on December 12, 2005. After the meeting, Mr. Rosado approached Mr. Westphal and wanted to know if there would be anything in the deal for him. Mr. Westphal agreed to pay Mr. Rosado a finder’s fee of $261,000 if the sale of the stock of the dealership between Mr. Westphal and Mrs. Giraldo was completed. Mr. Rosado also asked Mr. Westphal if he would include a new car for Mr. Rosado’s wife, but Mr. Westphal balked at that suggestion. A couple of weeks after the December 5, 2005, City Council meeting, Mr. Stewart advised Mr. Rosado of his efforts regarding the Westphal Property, and Mr. Rosado told Mr. Stewart that the property was under contract. Mr. Rosado did not divulge his participation in the introduction of Mrs. Giraldo and Mr. Westphal. By Invoice 50313, dated January 12, 2006, Mickey Rosado Management, LLC, billed Top Two Development, Inc., $10,000 for the following services: Consulting services for Business opportunity with Steve Westphal’s Properties and Business Purchase. Developed Letter of Intent for business agreement, deliver negotiations agreement and notarized terms of agreement. When the transaction is final Top Two Development will also as part of the agreement with MRM will provide a vihicle [sic] of choice. By check dated January 16, 2006, Top Two Development, Inc., paid Mickey Rosado Management, LLC, $10,000 for the services invoiced on January 12, 2006. On March 12, 2006, Mickey Rosado Management, LLC, invoiced Top Two Development, Inc., $10,000 for the following services: Provide interpreting services, at all meetings pertaining Steve Westphal’s stock purchase agreement. In person, phone conferences, meetings, and all pertaining needed area’s [sic] requested January, February, March 2006. These services include all dates, hours, minutes, phone calls, meetings, arrangements, appointments, travel, transportation, etc. This invoice is an extension agreement of January Invoice 50313 as agreed by Mrs. Giraldo, payment is due 3/1/06 to continue services. By check dated March 21, 2006, Top Two Development, Inc., paid Mickey Rosado $10,000 for services rendered. In 2007, Mr. Rosado was arrested for his involvement in the attempted sale of the Westphal Property for operating as a broker without a license in violation of Subsection 475.42(1)(a), Florida Statutes. On January 30, 2007, Governor Charlie Crist entered an executive order suspending Mr. Rosado from his position as a member of the City Council. Mr. Rosado was not re-elected to the City Council in September 2007. On July 27, 2008, Mr. Rosado entered a guilty plea to one count of brokering without a license and one count of misuse of confidential information. The plea agreement provided that Mr. Rosado was to make restitution of $10,000.

Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding Mr. Rosado guilty of violating Subsection 112.313(8), Florida Statutes, and recommending the imposition of a public reprimand and censure and a civil penalty of $7,500. DONE AND ENTERED this 15th day of January, 2010, in Tallahassee, Leon County, Florida. S SUSAN B. HARRELL Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 15th of January, 2010.

Florida Laws (6) 112.313112.317112.322120.569120.57475.42 Florida Administrative Code (1) 34-5.0015
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DEPARTMENT OF INSURANCE AND TREASURER vs RALPH SCOTT FRANCIS, 90-004320 (1990)
Division of Administrative Hearings, Florida Filed:Fort Lauderdale, Florida Jul. 13, 1990 Number: 90-004320 Latest Update: Apr. 01, 1991

The Issue Whether Respondent committed the offenses set forth in the Administrative Complaint and the penalties, if any, that should be imposed.

Findings Of Fact At the time of the formal hearing and at all times pertinent to these proceedings, Respondent was licensed in the State of Florida by Petitioner as a life and health insurance agent and as a general lines insurance agent. At the time of the formal hearing and at all times pertinent to these proceedings, Respondent served as the general lines insurance agent of record for A-AAAce Insurance Underwriters (A-AAAce) of 2507 Sheridan Street, Hollywood, Florida. Nation Motor Club is an automobile club that provides towing, rental reimbursement, accidental death, and other benefits to its members. Respondent sold memberships in Nation Motor Club and earned a commission equal to 90% of the annual fee for each membership he sold. Nation Motor Club grants a member a thirty-day period following the filing of his application to cancel his membership and to receive a full refund of his membership fee. ANDERSON TRANSACTION On or about September 28, 1989, Edward A. Anderson went to the offices of A-AAAce to obtain insurance for his automobile. Mr. Anderson first met with Steve Harrison, an employee of A-AAAce who holds no licensure from Petitioner and for whose acts Respondent accepts responsibility. Mr. Anderson recalled that he wanted personal injury protection (PIP), property damage liability, and comprehensive and collision insurance for his automobile, but he could not specifically recall what types of coverage he requested from Mr. Harrison and he could not recall the details of what was explained to him by Mr. Harrison. Mr. Anderson recalled being told by Mr. Harrison the cost of his insurance coverage, but he could not recall what Mr. Harrison told him the amount would be. Following his discussion with Mr. Harrison, Mr. Anderson was presented certain documents for his execution. Respondent, who had been sitting at the adjacent desk during the conversation between Mr. Anderson and Mr. Harrison, supervised the execution of these documents by Mr. Anderson. Included among those documents executed by Mr. Anderson was a membership application for the Nation Motor Club. On this application form, Mr. Anderson designated the beneficiary in the event accidental death benefits became payable as a result of his membership. This application reflects that the annual fee for membership was $200.00. Neither Mr. Harrison or Respondent prevented or attempted to prevent Mr. Anderson from reading any of the forms presented to him for his execution. Mr. Anderson did not read the forms before he signed them. Instead, he relied on his discussions with Mr. Harrison and Respondent and signed what was put before him. Mr. Anderson had not requested membership in the Nation Motor Club and he was not aware that he was purchasing a membership in the Nation Motor Club at the time he agreed to do so. He believed that the premiums he was being charged and the papers he was signing related to the insurance coverage he had requested, and he did not understand that he was paying $200.00 for membership in the Nation Motor Club. On November 8, 1989, Florida Insurance Commissioner Tom Gallagher accompanied Lottie Brown, one of Petitioner's investigators, in paying a surprise inspection visit to the offices of A-AAAce. That surprise visit was prompted by a complaint unrelated to this proceeding. By happenstance, Mr. Anderson was in the offices of A-AAAce during that surprise visit. On November 8, 1989, Mr. Anderson became aware for the first time that he had purchased a membership in the Nation Motor Club. On November 11, 1989, Respondent refunded to Mr. Anderson the $200.00 membership fee he had paid and he caused Mr. Anderson's membership in the Nation Motor Club to be cancelled. Mr. Anderson would not have purchased the membership in Nation Motor Club had he understood that he was doing so. BROWN TRANSACTION On February 17, 1990, Rebecca Brown went to the offices of A-AAAce to obtain insurance for her automobile. Ms. Brown talked with Respondent and asked for minimum personal injury protection (PIP) and liability coverage. Respondent discussed with Ms. Brown the insurance coverage she wanted and quoted Ms. Brown the amount of $355.00 as being the price for the "full package" of coverage she would be receiving. Respondent told Ms. Brown the coverage he was proposing included benefits for towing, rental reimbursement, and accidental death. Ms. Brown did not understand that the quoted price included membership in the Nation Motor Club or that the annual fee for that membership was $100.00. The premium for the insurance coverage alone was $255.00. Ms. Brown signed an application for membership in the Nation Motor Club which reflects the sum of $100.00 as being the cost of membership. On this application, she inserted the name of the beneficiary who was to receive any accidental death benefits that may become payable as a result of her membership. Ms. Brown also signed a premium finance agreement which reflected the cost of the insurance she was purchasing. Respondent did not try to prevent Ms. Brown from reading the documents she was asked to sign. Ms. Brown did not read the documents because she was in a hurry to complete the transaction. Instead, she relied on Respondent's directions as to what and where to sign. Ms. Brown first became aware that she had purchased a membership in the Nation Motor Club when she was so advised by an investigator for Petitioner on March 8, 1990. Ms. Brown thereafter contacted Respondent about this membership and Respondent promptly applied the $100.00 membership fee toward payment of the other insurance she had purchased and withdrew her application for membership in the Nation Motor Club. Ms. Brown would not have purchased the membership in Nation Motor Club had she had a clear understanding that she was doing so. CANGIANELLA TRANSACTION On February 17, 1990, John Cangianella went to the offices of A-AAAce to obtain automobile insurance for his automobile. Mr. Cangianella talked with Respondent and asked for minimum personal injury protection (PIP) and liability coverage. Respondent discussed with Mr. Cangianella various options as to coverage, including membership in Nation Motor Club. Mr. Cangianella could not specifically recall the types of coverage that had been explained to him or the costs thereof. Respondent quoted Mr. Cangianella the amount of $355.00 as being the price for the coverage. Mr. Cangianella did not understand that the quoted price included membership in the Nation Motor Club or that the annual fee for that membership was $100.00. The premium Mr. Cangianella would have paid for his insurance coverage alone was $255.00. Mr. Cangianella signed an application for membership in the Nation Motor Club which reflects the cost of membership. Mr. Cangianella also signed a premium finance agreement which reflected the cost of the insurance he was purchasing. On the application, he inserted the name of the beneficiary who was to receive any accidental death benefits that may become payable as a result of his membership. Respondent did not try to prevent Mr. Cangianella from reading the documents he was asked to sign. Mr. Cangianella had been out late the night before and he did not read the documents because he was in a hurry to complete the transaction. Instead, he relied on Respondent's directions as to where to sign. Mr. Cangianella first became aware that he had purchased a membership in the Nation Motor Club when he was so advised by an investigator for Petitioner in early March 1990. Mr. Cangianella thereafter contacted Respondent about this membership. Respondent refunded the $100.00 membership fee on March 9, 1990, and withdrew Mr. Cangianella's application for membership in the Nation Motor Club prior to its submission. Mr. Cangianella would not have purchased the membership in Nation Motor Club had he had a clear understanding that he was doing so. Mr. Anderson, Ms. Brown, and Mr. Cangianella continue to do business with Respondent's agency. Respondent's licensure has not been previously disciplined by Petitioner.

Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered which dismisses the Administrative Complaint filed against Respondent. DONE AND ORDERED this 1st day of April, 1991, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 1st day of April, 1991. APPENDIX TO THE RECOMMENDED ORDER The following rulings are made on the proposed findings of fact submitted on behalf of the Petitioner. The proposed findings of fact in paragraphs 1-3, 5, 10, 13-15, 17, 19, 21- 22, and 25-27 are adopted in material part by the Recommended Order. The proposed findings of fact in paragraph 4 are rejected as being legal conclusions. The proposed findings of fact in paragraphs 6-9 are rejected as being unsubstantiated by the evidence. These dealings were between Mr. Anderson and Mr. Harrison. While it has been concluded that Respondent was responsible for Mr. Harrison's acts, the proposed findings, as written, are unsubstantiated. The proposed findings of fact in paragraph 11 are rejected as being unsubstantiated by the evidence. The record does not clearly reflect the amount of the premium. The proposed findings of fact in paragraphs 12, 18, and 20 are rejected as being, in part, unsubstantiated by the evidence and, in part as being contrary to the findings made and to the conclusions reached. The proposed findings of fact in paragraphs 16 and 24 are rejected as being unnecessary to the conclusions reached. The proposed findings of fact in paragraph 23 are rejected as being unsubstantiated by the evidence. The proposed findings of fact in paragraph 28 are adopted in part by the Recommended Order, are rejected in part as being recitation of testimony, and are rejected in part as being unsubstantiated by the evidence. The following rulings are made on the proposed findings of fact submitted on behalf of the Respondent. The proposed findings of fact in paragraphs 1-7, 9-14, 16, and 18 of Part I are adopted in material part by the Recommended Order. The proposed findings of fact in paragraph 8 of Part I are rejected as being unsubstantiated by the evidence. Respondent's Exhibit 3 is not clear as to the dates of the insurance being financed. The proposed findings of fact in paragraph 15 of Part I are rejected as being unnecessary to the conclusions reached. The proposed findings of fact in paragraph 17 of Part I are rejected as being unsubstantiated by the evidence. The proposed findings of fact in paragraphs 1-8, 10-20, and 22 of Part II are adopted in material part by the Recommended Order. The proposed findings of fact in paragraphs 6 and 21 of Part II are rejected as being unsubstantiated by the evidence. The proposed findings of fact in paragraph 9 of Part II are rejected as being unnecessary to the conclusions reached. The proposed findings of fact in paragraphs 1-17, and 19 of Part III are adopted in material part by the Recommended Order. The proposed findings of fact in paragraph 18 are rejected as being unsubstantiated by the evidence. COPIES FURNISHED: Michael W. Moskowitz, Esquire 1500 N.W. 49th Street, #401 Fort Lauderdale, Florida 33309 Gordon T. Nicol, Esquire Department of Insurance 412 Larson Building Tallahassee, Florida 32399-0300 Tom Gallagher State Treasurer and Insurance Commissioner The Capitol, Plaza Level Tallahassee, Florida 32399-0300 Bill O'Neill General Counsel The Capitol, Plaza Level Tallahassee, Florida 32399-0300

Florida Laws (6) 120.57120.68626.561626.611626.621626.9541
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FLYSCOOTER, LLC AND SUNSTATE POWERSPORTS, LLC vs MEGA POWER SPORTS, CORP., 08-005494 (2008)
Division of Administrative Hearings, Florida Filed:Daytona Beach, Florida Nov. 04, 2008 Number: 08-005494 Latest Update: Jun. 30, 2009

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 Flyscooter, LLC and Sunstate Powersports, LLC to sell motorcycles manufactured by Taizhou Zhongneng Motorcycle Co. Ltd. (ZHNG) at 825 Mason Avenue, Daytona Beach (Volusia County), Florida 32117. DONE AND ORDERED this 4, of June, 2009, in Tallahassee, Leon County, Florida. L 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 ofPiotor Vehicles this — 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: Siegfried Kientoff Sunstate Powersports, LLC 825 Mason Avenue Daytona Beach, Florida 32117 David Levison Mega Powersports Corp. 390 North Beach Street Daytona Beach, Florida 32114 Daniel Pak Flyscooters, Inc. 7307 Edgewater Drive, Building H Oakland, California 94621 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

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BMS MOTORSPORTS, INC., AND PUTNAM CITY MOTORS, INC. vs SCOOTER BOUTIQUE, INC., 08-005473 (2008)
Division of Administrative Hearings, Florida Filed:Jacksonville, Florida Oct. 31, 2008 Number: 08-005473 Latest Update: Jun. 30, 2009

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 BMS Motorsports, Inc., and Putnam City Motors, Inc. to sell motorcycles manufactured by Taizhou Zhongneng Motorcycle Co. Ltd. (ZHNG) at 7033 Beach Boulevard, Jacksonville (Duval County), Florida 32216. DONE AND ORDERED this Lh day of June, 2009, in Tallahassee, Leon County, Florida. LA. 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 tis Zé Potash, 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 Patrick Kim BMS Motorsports, Inc. 1201 Jellick Avenue City of Industry, California 91748 Pete Biltoc Claudio Biltoc Putnam City Motors, Inc. 7033 Beach Boulevard 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

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