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PEACE INDUSTRY GROUP, INC., AND MOBILITY TECH, INC. vs DISCOUNT SCOOTERS, INC., 08-001627 (2008)
Division of Administrative Hearings, Florida Filed:Tampa, Florida Apr. 03, 2008 Number: 08-001627 Latest Update: Feb. 17, 2009

The Issue The issue is whether Petitioners should be permitted to establish an additional dealership for the sale of motorcycles manufactured by Astronautical Bashan Motorcycle Manufacturer Company, Ltd., at 5720 North Florida Avenue, Tampa, Florida.

Findings Of Fact Based on the evidence adduced at hearing and the record as a whole, the following Findings of Fact are made: On March 7, 2008, the Florida Administrative Weekly published a notice that Peace Industry Group intended to allow the establishment of Mobility Tech as a dealership for the sale of motorcycles manufactured by BASH at 5720 North Florida Avenue in Tampa (Hillsborough County), Florida. The notice also stated that the "new point" location for the proposed dealership is in a "county of more than 300,000 population, according to the latest population estimates of the University of Florida, Bureau of Economic and Business Research." Respondent is an existing franchised dealer of motorcycles manufactured by BASH. Respondent's dealership is located at 5908 North Armenia Avenue in Tampa, Florida. The driving distance between Respondent's dealership and the location of the new dealership that Peace Industry proposes to establish is 2.05 miles.

Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Highway Safety and Motor Vehicles issue a final order denying Petitioners, Peace Industry Group, Inc., and Mobility Tech, Inc.'s, approval to establish a new BASH motorcycle dealership at 5720 North Florida Avenue, Tampa, Florida. DONE AND ENTERED this 19th day of November, 2008, in Tallahassee, Leon County, Florida. S CAROLYN S. HOLIFIELD 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 19th day of November, 2008.

Florida Laws (5) 120.569120.57320.60320.642320.70
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JMSTAR POWERSPORTS, INC., AND JOHN T. FAULKNER, D/B/A FAULKNER MOTORSPORTS vs PINE WOODS CENTER, INC., D/B/A PASCO CYCLE, 09-003354 (2009)
Division of Administrative Hearings, Florida Filed:Tallahassee, Florida Jun. 18, 2009 Number: 09-003354 Latest Update: Jul. 28, 2009

Conclusions This matter came before the Department for entry ofa Final Order upon submission of an Order Closing File by Daniel Manry,, 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 JMSTAR Powersports, Inc. and John T. Faulkner d/b/a Faulkner Motorsports to sell motorcycles manufactured by Shanghai Honling Motorcycle Co. Ltd. (HONL) at 4237 US Highway 19, New Port Richey (Pasco County), Florida 34652. DONE AND ORDERED this 22%y of July, 2009, in Tallahassee, Leon County, Florida. LA. FORD, Direct6r 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 2&4E 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: John T. Faulkner Faulkner Motorsports 4237 US Highway 19 New Port Richey, Florida 34652 Andrew Hennosy Connie Hennosy Pine Woods Center, Inc., d/b/a Pasco Cycle 10312 State Road 52 Hudson, Florida 34669 Yenong Xie JMSTAR Powersports, Inc. 796 Sunflower Circle Weston, Florida 33327 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 Jul.08 69 08:47a john "9643896138 p.1 UM le Dom'el Manry Abignde IMSTAR POWERSPORTS INC 0624.06 ry 796 SUNFLOWER CIR, WESTON, FL 33327 VY { TEL: 954 684 9724, FAX: 954 B389 6138, E-MAIL: PANDAINDUSTRY@MSN.COM CANCEL THE APPOINTMENT OF ADDITIONAL DEALER Daniel Manry, Administrative Law Judge 06.26.09 Division of Administrative Hearings The DeSoto Buid, 1230 Apalachee Pwy Tallahassee, Florida 32399-3060 Tel: 850 488 9675, Fax: 850 921 6847 s Dear Mr. Manry: odd Kat Case No. 09-3354 I decide to cancel my appointment of pp woo CENTER INC, d/b/a PASCO CYCLE as my franchise dealer of products of JMST, ZXYV, HONL? Due to this company never buy any products from my company since was approved as my franchise dealer. So, there is no need for any hearing any mere. » Sincerely, AM Yenong Xie President CC: Pine woods center, Inc John T. Faulkner “pear Wr. Daniel Many : tees . Re. Sor [eller of Jane 20 2009. his dealer Pre ey f Fe can J wy AM has no ight Be retest iy pidition , Due, it never “f ; we con wos cpanel os my dealer Aer two years A even From x, eud an pilction Fo PML Cone never co mumranieetes with me. Mow 5S terminal th dealershwp . yer ong xe 67.08.09

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RIDE GREEN, INC. vs PEACE INDUSTRY GROUP (USA), INC., AND LEE AUTO GROUP, INC., 12-001517 (2012)
Division of Administrative Hearings, Florida Filed:Tallahassee, Florida Apr. 23, 2012 Number: 12-001517 Latest Update: Sep. 24, 2012

Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Closing File and Relinquishing Jurisdiction by Thomas P. Crapps, Administrative Law Judge of the Division of Administrative Hearings. The Department hereby adopts the Order Closing File and Relinquishing Jurisdiction as its Final Order in this matter. Accordingly, it is hereby ORDERED and ADJUDGED that Respondent, Lee Auto Group, Inc., be granted a license to sell motorcycles manufactured by Astronautic Bashan Motorcycle manufacturer Co. Ltd. (BASH) at 8181 Mainline Parkway, Fort Myers (Lee County), Florida 33912, upon compliance with all applicable requirements of Section 320.27, Florida Statutes, and all applicable Department rules. Filed September 24, 2012 9:17 AM Division of Administrative Hearings DONE AND ORDERED this 3 ( day of September, 2012, in Tallahassee, Leon County, Florida. ulie Baker, Bureau of Issuance Oversight Division of Motorist Services Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399 Filed with the Clerk of the Division of Motorist Services this o | day of September, 2012. 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. JB/jc Copies furnished: Meiredith Huang Peace Industry Group (USA), Inc. 6600 B Jimmy Carter Boulevard Norcross, Georgia 30071 Kyle A. Lee Lee Auto Group, Inc. 8181 Mainline Parkway Fort Myers, Florida 33912 Chauncey Solinger Ride Green, Inc. 5686 Youngquist Road Fort Myers, Florida 33912 Thomas P. Crapps Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Nalini Vinayak Dealer License Administrator

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LS MOTORSPORTS, LLC AND BEST BUY VEHICLES, INC. vs WENMARK, INC., D/B/A ALL THE WHEEL TOYS, 07-002772 (2007)
Division of Administrative Hearings, Florida Filed:Stuart, Florida Jun. 21, 2007 Number: 07-002772 Latest Update: Oct. 15, 2007

The Issue The issue in these cases is whether the Petitioner is entitled to establish a dealership for the sale of certain motor vehicles. As to both cases, the Respondent currently sells motorcycles that are manufactured by the same companies for which the Petitioner seeks approval.

Findings Of Fact The Respondent, WenMark, Inc. d/b/a All the Wheel Toys, is an existing dealer of motor vehicles as defined in Section 320.60(11), Florida Statutes (2007). At all times material to the allegations of this case, the Petitioner, LS MotorSports, LLC and Best Buy Vehicles, Inc., sought approval for a motor vehicle dealership to be located at 3525 South U.S. 1, Fort Pierce (Saint Lucie County), Florida. The Petitioner’s proposed location is within 13 miles of the Respondent’s dealership at 1540 Northwest Federal Highway, Stuart (Martin County), Florida. This distance was calculated by MapQuest, an internet site providing directions and distances, but was verified by Mark Mourning. The addresses are on the same road, that is to say “Federal Highway” or U.S. 1. One location is simply north of the other. The Respondent is licensed by the Department of Highway Safety and Motor Vehicles and is authorized to sell motorcycles manufactured by various manufacturers. Some confusion in these cases results because the motorcycles are manufactured outside of this country, imported, and may or may not be sold with the same name brands. Essentially, the Respondent maintained it was granted an exclusive right to sell motorcycles described in this record as ZONG, CFHG, and LINH. It is the Respondent’s assertion that Petitioners have been unlawfully selling motorcycles that have been distributed in violation of its exclusive right to sell. Additionally, since the existing dealership is adequately meeting the needs of the geographical area to be served by the Petitioners, the Respondent maintains it should continue to be the sole approved dealership for the area. According to the Respondent’s most recent sales data, 78 percent of its sales are within 20 miles of the proposed dealership. If allowed to sell motorcycles at the proposed location, the Petitioners will in all likelihood take sales away from the existing dealer. The Petitioners have presented no evidence to support the new point location. The motorcycles at issue in this case may bear the names of customized sellers. That is to say, unlike automobiles, the manufacturers and distributors of these types of vehicles are inclined to “name” the cycle based upon the seller’s preference. The Respondent maintains that it has exclusive right to sell the motor vehicles based upon the manufacturers and distributors regardless of the vehicle’s ultimate sales “name.” The Petitioners presented no evidence to refute this assertion. The new point dealership would be located in St. Lucie County, Florida, a county of less than 300,000 population, according to the latest population estimates of the University of Florida, Bureau of Economic and Business Research.

Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Highway Safety and Motor Vehicles enter a Final Order denying the new point dealership sought by the Petitioners. DONE AND ENTERED this 5th day of September, 2007, in Tallahassee, Leon County, Florida. S ___________________________________ J. D. Parrish Administrative Law Judge Division of Administrative Hearings 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 this 5th day of September, 2007. COPIES FURNISHED: Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A-432 2900 Apalachee Parkway Tallahassee, Florida 32399-0635 Mark Mourning WenMark, Inc. d/b/a All the Wheel Toys, Inc. 1540 Northwest Federal Highway Stuart, Florida 34994 Mathu Solo LS MotorSports, LLC 2550 East Desert Inn, No. 40 Las Vegas, Nevada 89121 Jim Buchheit Best Buy Vehicles, Inc. 3525 South US 1 Fort Pierce, Florida 34982 Judson M. Chapman, General Counsel Department of Highway Safety And Motor Vehicles Neil Kirkman Bldg 2900 Apalachee Parkway Tallahassee Fl 32399-0500 Electra Theodorides-Bustle Executive Director Department of Highway Safety And Motor Vehicles Neil Kirkman Bldg 2900 Apalachee Parkway Tallahassee Fl 32399-0500

Florida Laws (5) 120.57320.60320.605320.642320.699
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GALAXY POWERSPORTS, LLC, D/B/A JCL INTERNATIONAL, LLC, AND KITAI POWERSPORTS, INC. vs SCOOTER BOUTIQUE, INC., 08-005474 (2008)
Division of Administrative Hearings, Florida Filed:Jacksonville, Florida Oct. 31, 2008 Number: 08-005474 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 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

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LS MOTORSPORTS, LLC AND BEST BUY VEHICLES, INC. vs WENMARK, INC., D/B/A ALL THE WHEEL TOYS, 07-000655 (2007)
Division of Administrative Hearings, Florida Filed:Palm City, Florida Feb. 08, 2007 Number: 07-000655 Latest Update: Oct. 15, 2007

The Issue The issue in these cases is whether the Petitioner is entitled to establish a dealership for the sale of certain motor vehicles. As to both cases, the Respondent currently sells motorcycles that are manufactured by the same companies for which the Petitioner seeks approval.

Findings Of Fact The Respondent, WenMark, Inc. d/b/a All the Wheel Toys, is an existing dealer of motor vehicles as defined in Section 320.60(11), Florida Statutes (2007). At all times material to the allegations of this case, the Petitioner, LS MotorSports, LLC and Best Buy Vehicles, Inc., sought approval for a motor vehicle dealership to be located at 3525 South U.S. 1, Fort Pierce (Saint Lucie County), Florida. The Petitioner’s proposed location is within 13 miles of the Respondent’s dealership at 1540 Northwest Federal Highway, Stuart (Martin County), Florida. This distance was calculated by MapQuest, an internet site providing directions and distances, but was verified by Mark Mourning. The addresses are on the same road, that is to say “Federal Highway” or U.S. 1. One location is simply north of the other. The Respondent is licensed by the Department of Highway Safety and Motor Vehicles and is authorized to sell motorcycles manufactured by various manufacturers. Some confusion in these cases results because the motorcycles are manufactured outside of this country, imported, and may or may not be sold with the same name brands. Essentially, the Respondent maintained it was granted an exclusive right to sell motorcycles described in this record as ZONG, CFHG, and LINH. It is the Respondent’s assertion that Petitioners have been unlawfully selling motorcycles that have been distributed in violation of its exclusive right to sell. Additionally, since the existing dealership is adequately meeting the needs of the geographical area to be served by the Petitioners, the Respondent maintains it should continue to be the sole approved dealership for the area. According to the Respondent’s most recent sales data, 78 percent of its sales are within 20 miles of the proposed dealership. If allowed to sell motorcycles at the proposed location, the Petitioners will in all likelihood take sales away from the existing dealer. The Petitioners have presented no evidence to support the new point location. The motorcycles at issue in this case may bear the names of customized sellers. That is to say, unlike automobiles, the manufacturers and distributors of these types of vehicles are inclined to “name” the cycle based upon the seller’s preference. The Respondent maintains that it has exclusive right to sell the motor vehicles based upon the manufacturers and distributors regardless of the vehicle’s ultimate sales “name.” The Petitioners presented no evidence to refute this assertion. The new point dealership would be located in St. Lucie County, Florida, a county of less than 300,000 population, according to the latest population estimates of the University of Florida, Bureau of Economic and Business Research.

Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Highway Safety and Motor Vehicles enter a Final Order denying the new point dealership sought by the Petitioners. DONE AND ENTERED this 5th day of September, 2007, in Tallahassee, Leon County, Florida. S ___________________________________ J. D. Parrish Administrative Law Judge Division of Administrative Hearings 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 this 5th day of September, 2007. COPIES FURNISHED: Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A-432 2900 Apalachee Parkway Tallahassee, Florida 32399-0635 Mark Mourning WenMark, Inc. d/b/a All the Wheel Toys, Inc. 1540 Northwest Federal Highway Stuart, Florida 34994 Mathu Solo LS MotorSports, LLC 2550 East Desert Inn, No. 40 Las Vegas, Nevada 89121 Jim Buchheit Best Buy Vehicles, Inc. 3525 South US 1 Fort Pierce, Florida 34982 Judson M. Chapman, General Counsel Department of Highway Safety And Motor Vehicles Neil Kirkman Bldg 2900 Apalachee Parkway Tallahassee Fl 32399-0500 Electra Theodorides-Bustle Executive Director Department of Highway Safety And Motor Vehicles Neil Kirkman Bldg 2900 Apalachee Parkway Tallahassee Fl 32399-0500

Florida Laws (5) 120.57320.60320.605320.642320.699
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CLASSIC MOTORCYCLES AND SIDECARS, INC., AND SCOOTER CITY USA, LLC vs ACTION ORLANDO MOTORSPORTS, 09-000118 (2009)
Division of Administrative Hearings, Florida Filed:Orlando, Florida Jan. 09, 2009 Number: 09-000118 Latest Update: Jun. 30, 2009

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

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RIDE GREEN FLORIDA, LLC vs PEACE POWER SPORTS, INC., AND IMAGINETOUR, INC., 13-001677 (2013)
Division of Administrative Hearings, Florida Filed:Tallahassee, Florida May 09, 2013 Number: 13-001677 Latest Update: Jun. 19, 2014

Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Closing File and Relinquishing Jurisdiction by John D. C. Newton, II, Administrative Law Judge of the Division of Administrative Hearings. The Department hereby adopts the Order Closing File and Relinquishing Jurisdiction as its Final Order in this matter. Accordingly, it is hereby ORDERED and ADJUDGED that Respondent, Imaginetour, Inc., be granted a license to sell motorcycles manufactured by Chongqing Astronautical Bashan Motorcycle Manufacturer Co. Ltd (BASH) at 7324 East Colonial Drive, Orlando (Orange County), Florida 32807, upon compliance with all applicable requirements of Section 320.27, Florida Statutes, and all applicable Department rules. Filed June 19, 2014 7:42 AM Division of Administrative Hearings DONE AND ORDERED this | 71 day of June, 2014, in Tallahassee, Leon County, ° Florida. Filed in the official records of the Division of Julie BaRef, Chief Motorist Services this | day of June, —_ Bureau of Issuance Oversight 2014. Division of Motorist Services Department of Highway Safety and Motor Vehicles Tab: U: Neil Kirkman Building, Room A338 Nalini Vinayak, Dealer License Administrator Tallahassee, Florida 32399 Copies furnished to: Yigit Orer Imaginetour, Inc. Nalini Vinayak 10549 Leader Lane Dealer License Section Orlando, Florida 32825 Fang Liu John D. C. Newton, II Peace Power Sports, Inc. Administrative Law Judge 2533 Royal Lane, Suite 505 Division of Administrative Hearings Dallas, Texas 75229 The DeSoto Building 1230 Apalachee Parkway Kaan Orer Tallahassee, Florida 32399-1550 Imaginetour, Inc. 5801 Lake Champlain Drive Orlando, Florida 32829 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.

Florida Laws (2) 120.68320.27
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EL SOL TRADING, INC. AND ECO GREEN MACHINE, LLC vs SEMINOLE SCOOTERS, INC., 10-002440 (2010)
Division of Administrative Hearings, Florida Filed:St. Petersburg, Florida May 05, 2010 Number: 10-002440 Latest Update: Dec. 15, 2010

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 Jiangmen Qipai Motorcycle Co, Ltd. (QIPA 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 QIPA 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 QIPA 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

Florida Laws (3) 120.569120.57320.642
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GALAXY POWERSPORTS, LLC, D/B/A JCL INTERNATIONAL, LLC, AND WILD HOGS SCOOTERS AND MOTORSPORTS, LLC vs ACTION ORLANDO MOTORSPORTS, 09-000381 (2009)
Division of Administrative Hearings, Florida Filed:Orlando, Florida Jan. 23, 2009 Number: 09-000381 Latest Update: Sep. 14, 2009

Conclusions This matter came before the Department for entry of a Final Order upon submission of a Recommended Order of Dismissal by Administrative Law Judge Jeff B. Clark, 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 August 7, 2009 as to why this matter should not be closed based on lack of response to the Initial Order. The Department hereby adopts the Recommended Order of Dismissal 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 Wild Hogs Scooters and Motorsports, LLC to sell motorcycles manufactured by Taizhou Zhongneng Motorcycle Co. Ltd. (ZHNG) at 3311 West Lake Mary Boulevard, Lake Mary (Seminole County), Florida 32746. DONE AND ORDERED this /7“ day of September, 2009, in Tallahassee, Leon County, Florida. L 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_/D#}) day of September, 2009. - Vinayak, Dealer 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. CAFivlg Copies furnished: Leo Su Galaxy Powersports, LLC d/b/a JCL International, LLC 2667 Northhaven Road Dallas, Texas 75229 Jason Rupp Wild Hogs Scooters and Motorsports, LLC 8181 Via Bonita Street Sanford, Florida 32771 James Sursely Action Orlando Motorsports 306 West Main Street Apopka, Florida 32712 Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building 2900 Apalachee Parkway, Room A432 Tallahassee, Florida 32399 Jeff B. Clark 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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