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 Zhejiang Taizhou Wangye Power Co. Ltd. (ZHEJ) at 3311 West Lake Mary Boulevard, Lake Mary (Seminole County), Florida 32746. 4 DONE AND ORDERED this /2.’~ day of September, 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 [oth day of September, 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 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
The Issue The issue is whether Petitioners are entitled to a motor vehicle dealership that is proposed to be located in Hillsborough County, Florida.
Findings Of Fact The following Findings of Fact are based on the documents which were forwarded to the Division of Administrative Hearings by the Department of Highway Safety and Motor Vehicles in this case: Notice of Publication for a New Point Franchise Motor Vehicle Dealer in a County of More than 300,000 Population, Florida Administrative Weekly, Volume 34, Number 29, July 18, 2008; and protest letter dated July 23, 2008, from Carlos A. Urbizi to Nalini Vinayak, Department of Highway Safety and Motor Vehicles. Respondent is an existing franchised dealer of Shanghai Shenke Motorcycles. Petitioners have proposed the establishment of a new dealership to sell the same line-make of motorcycles as those sold by Respondent. Respondent's dealership is located at 5702 North Florida Avenue, Tampa, Hillsborough County, Florida. Petitioners' proposed dealership would be located at 17630 U.S. 41 North, Lutz, Hillsborough County, Florida 33549. The proposed dealership is within a 12.5-mile radius of Respondent's dealership. Respondent has standing to protest the establishment of the proposed dealership. No evidence was received showing that Respondent was "not providing adequate representation" of the same line-make motor vehicles in the community or territory.
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 establishment of Petitioners' proposed franchise dealership. DONE AND ENTERED this 20th day of February, 2009, in Tallahassee, Leon County, Florida. S JEFF B. CLARK 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 20th day of February, 2009. COPIES FURNISHED: Carl A. Ford, Director Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room B-439 2900 Apalachee Parkway Tallahassee, Florida 32399-0500 Robin Lotane, General Counsel Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room B-439 2900 Apalachee Parkway Tallahassee, Florida 32399-0500 Michael James Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A-432 2900 Apalachee Parkway Tallahassee, Florida 32344 Robert L. Sardegna Auto Shop, Inc., d/b/a Motorsports Depot 17630 US 41 North Lutz, Florida 33549 Carlos Urbizu Mobility Tech, Inc., d/b/a Charlie's Scooter Depot 5720 North Florida Avenue, Unit 2 Tampa, Florida 33604 Mei Zhou SunL Group, Inc. 8551 Ester Boulevard Irving, Texas 75063
The Issue The issue is whether the Petitioners' proposal for a dealer to sell two new lines of motorcycles should be approved.
Findings Of Fact On October 10, 2008, in the Florida Administrative Weekly, Volume 34, Number 41, two separate Notices of Publication for a New Point Franchise Motor Vehicle Dealer in a County of More than 300,000 Population were published. The first notice provided, in relevant part, as follows: Pursuant to Section 320.642, Florida Statutes, notice is given that [Galaxy] intends to allow the establishment of [Treasure Coast] as a dealership for the sale of motorcycles manufactured by Taizhou Zhongneng Motorcycle Co. Ltd. (ZHNG) at 7320 South U.S. 1, Port St. Lucie (St. Lucie County) Florida 34952 on or after September 26, 2008. The second notice provided, in relevant part, as follows: Pursuant to Section 320.642, Florida Statutes, notice is given that [Galaxy] intends to allow the establishment of [Treasure Coast] as a dealership for the sale of motorcycles manufactured by Zhejiang Taizhou Wangye Power Co. Ltd (ZHEJ) at 7320 South U.S. 1, Port St. Lucie (St. Lucie County) Florida 34952 on or after September 26, 2008. On October 16, 2008, Respondent filed the following letters of protest with the Department of Highway Safety and Motor Vehicles: In regards to the intent of [Galaxy] to establish a Taizhou Zhongneng Motorcycle Co. Ltd. (ZHNG) with [Treasure Coast] for the sale of motorcycles at 7320 South U.S. 1, Port St. Lucie, Fl [sic] 34952. This letter represents a written complaint to their application for this dealership, because we already represent said dealership. and In regards to the intent of [Galaxy] to establish a Zhejiang Taizhou Wangye Power Co. Ltd (ZHEJ) with [Treasure Coast] for the sale of motorcycles at 7320 South U.S. 1, Port St. Lucie, Fl [sic] 34952. This letter represents a written complaint to their application for this dealership, because we already represent said dealership. Both letters made the following additional representations: The proposed dealership would be within 20 miles of our dealership, as measured by straight line distance. They are 8.61 miles away per mapquest. The proposed dealership is to be located within the contractual area outlined in our dealer agreement, as we have a 20 mile exclusivity. We have made more than 25% of our retail sales to persons whose registered household addresses are within 20 straight line miles of the proposed dealership during the past 12 month period. By letter dated October 22, 2008, the Department apparently tried to refer this matter to DOAH. For reasons that were not explained, however, this matter was not received at DOAH until it was referred again by letter dated June 3, 2009. The protest filed by Respondent was timely. The parties agreed that the population of St. Lucie County is over 300,000, and that Respondent's dealership is 8.61 miles from the proposed site. Respondent has dealer agreements to sell various lines of motorcycles, including motorcycles manufactured by Zhejiang Taizhou Wangye Power Co., Ltd. (ZHEJ); and motorcycles manufactured by Taizhou Zhongneng Motorcycle Co. Ltd. (ZHNG). At the hearing, Mr. Young agreed that the evidence showed that, as a dealer for Zhejiang Taizhou Wangye Power Co. Ltd. (ZHEJ), Respondent has adequately promoted that line and has made 25 percent or more of its retail sales to household addresses within 12.5 miles of the proposed dealership. At the hearing, Mr. Young said that the only motorcycles at issue were those manufactured by Taizhou Zhongneng Motorcycle Co. Ltd. (ZHNG). Specifically, he questioned whether the line represented sufficient numbers of sales within the territory. Mr. Mourning explained that the ZHNG line was also called ZNEN before 2009. He produced records that confirm that Taizhou Zhongneng Motorcycle Co. Ltd., used ZNEN as the make of its vehicles in 2008. Taken together, his sales records for ZHNG and ZNEN motorcycles demonstrated that he also adequately and successfully represents that line in the territory.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Department of Highway Safety and Motor Vehicles enter a Final Order denying Treasure Coast's applications to become the licensee to sell motorcycles line-makes manufactured by Zhejiang Taizhou Wangye Power Co. Ltd. (ZHEJ); and by Taizhou Zhongneng Motorcycle Co. Ltd. (ZHNG) at the proposed site. DONE AND ENTERED this 2nd day of November, 2009, in Tallahassee, Leon County, Florida. S ELEANOR M. HUNTER 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 2nd day of November, 2009. COPIES FURNISHED: Electra Theodorides-Bustle, Executive Director Department of Highway Safety and Motor Vehicles 4052 Bald Cypress Way, BIN A02 Tallahassee, Florida 32399-1701 Robin Lotane, General Counsel Department of Highway Safety and Motor Vehicles Neil Kirkman Building 2009 Apalachee Parkway Tallahassee, Florida 32399-0500 Guy Young J & F South Florida Investments, Inc. d/b/a Treasure Coast Scooters and Things 7320 South US 1 Port St. Lucie, Florida 34952 Mark Mourning WenMark Inc., d/b/a All The Wheel Toys 1540 Northwest Federal Highway Stuart, Florida 34994 Jennifer Clark, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A-308 2900 Apalachee Parkway Tallahassee, Florida 32399-0635 Leo Su Galaxy Powersports, LLC, d/b/a JCL International, LLC 2667 Northhaven Road Dallas, Texas 75229
The Issue The issue is whether Petitioner's location for the sale of ZHNG motorcycles is lawful pursuant to Section 320.642, Florida Statutes.
Findings Of Fact Swamp is an established, licensed dealer in the sale of ZHNG motorcycles. Its place of business is located at 633 Northwest 13th Street, Gainesville, Alachua County, Florida. Gator sought to establish a dealership, also for the sale of ZHNG motorcycles, at 7065 Northwest 22nd Street, Suite A, Gainesville, Alachua County, Florida. The distance between 633 Northwest 13th Street and 7065 Northwest 22nd Street, Gainesville, Alachua County, Florida, is substantially less than 20 miles. Alachua County, Florida, has a population of less than 300,000 people, according to the latest population estimates of the University of Florida, Bureau of Economic and Business Research.
Recommendation Based upon the Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Highway Safety and Motor Vehicles issue a final order disapproving the establishment of another ZHNG motorcycle dealership in Alachua County, Florida. DONE AND ENTERED this 5th day of November, 2009, in Tallahassee, Leon County, Florida. S HARRY L. HOOPER 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 5th day of November, 2009. COPIES FURNISHED: Jennifer Clark Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A-308 2900 Apalachee Parkway Tallahassee, Florida 32399-0635 Shawn Glasser Swamp Cycles, LLC 633 Northwest 13th Street Gainesville, Florida 32601 Justin Jackrel Gator Moto, LLC 7065 Northwest 22nd Street, Suite A Gainesville, Florida 32653 Neil Aussenberg Scooters Management, LLC 6910 Renwick, Suite C Houston, Texas 77081 Carl A. Ford, Director Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room B-439 2900 Apalachee Parkway Tallahassee, Florida 32399-0500 Robin Lotane, General Counsel Department of Highway Safety and Motor Vehicles Neil Kirkman Building 2900 Apalachee Parkway Tallahassee, Florida 32399-0500 Julia L. Jones, Executive Director Department of Highway Safety And Motor Vehicles Neil Kirkman Building 2900 Apalachee Parkway Tallahassee, Florida 32399-0500
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
The Issue The issue is whether Petitioners are entitled to a motor vehicle dealership that is proposed to be located in Melbourne, Florida.
Findings Of Fact Respondent is an existing franchised dealer of motorcycles manufactured by ZHNG. Petitioners have proposed the establishment of a new dealership to sell the same line and make of motorcycles as those sold by Respondent. Respondent's dealership is located at 234 Highway A1A, Satellite Beach, Florida 32937. Petitioners' proposed dealership would be located at 6370 North Highway US 1, Melbourne Florida 32940. The proposed dealership is within a 12.5-mile radius of Respondent's dealership. Satellite Beach and Melbourne are both in Brevard County. Petitioners admitted that they did not provide the name of Respondent's business to the Department for purposes of notifying the existing dealer of Petitioner's intent to establish a new dealership of the same line-make. For this reason, Respondent never received the standard letter of notice from the Department. Respondent filed its petition as soon as its ownership learned of the proposed new ZHNG dealership. Orestes Nunez, principal owner of House of Scooters, testified that he had no way of knowing the names of every dealer that is selling the ZHNG line-make because the scooters are brought into this country by four different importers and sold under different names. None of the scooters are marketed under the name "ZHNG." Mr. Nunez' proposed dealership would sell the scooters under the name "Italica," whereas other dealers sell the ZHNG scooter under other names. Mr. Nunez testified that he was able to provide the Department the names of other "Italica" dealers, but could not provide the names of every dealer selling ZHNG scooters. Petitioners conceded that they could not establish that Respondent is not providing adequate representation of the ZHNG line-make within the territory at issue. Petitioners' only basis for disputing the protest was that it was not timely filed. Under all the circumstances, it is found that Respondent's protest was timely filed and that Respondent has standing to protest the establishment of the proposed dealership.
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 establishment of Petitioners' proposed franchise. DONE AND ENTERED this 8th day of April, 2009, in Tallahassee, Leon County, Florida. S LAWRENCE P. STEVENSON 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 8th day of April, 2009. COPIES FURNISHED: Electra Theodorides-Bustle, Executive Director Department of Highway Safety and Motor Vehicles 2900 Apalachee Parkway Tallahassee, Florida 32399-0500 Robin Lotane, General Counsel Department of Highway Safety and Motor Vehicles 2900 Apalachee Parkway Tallahassee, Florida 32399-0500 Adriana De Lima Italica Motors, Inc. 5001 Southwest 135 Avenue Miramar, Florida 33027 Greg G. Shonk Loon’s Lagoon, LLC 234 Highway A1A Satellite Beach, Florida 32937 Orestes Nunez Orestes Nunez, d/b/a House of Scooters 6370 North Highway US 1 Melbourne, Florida 32940 Michael James Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A-432 2900 Apalachee Parkway Tallahassee, Florida 32344
Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Closing File and Relinquishing Jurisdiction by Barbara J. Staros, 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 Tao Tao USA, Inc., and Road Rat Motors, LLC to sell motorcycles manufactured by Taotao Group Co. Ltd., (TAOI) at 7065 Northwest 22" Street, Gainesville, (Alachua County), Florida 32653. Filed October 10, 2012 12:01 PM Division of Administrative Hearings DONE AND ORDERED this ie) day of October, 2012, in Tallahassee, Leon County, Florida. ureau of Issuance Oversight Division of Motorist Services Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A338 Tallahassee, Florida 32399 Filed in the official records of the Division of Motorist Services this \ > _ day of October, 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/jde Copies furnished: Jennifer Wallace Tao Tao USA, Inc. 2425 Camp Avenue, Suite 100 Carrollton, Teas 75006 Justin Jackrel Road Rat Motors, LLC 7065 Northwest 22™ Street, Suite A Gainesville, Florida 32653 N Martin Solano Solano Cycle, Inc. 1024 South Main Street, Suite A Gainesville, Florida 32601 Barbara J. Staros Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Nalini Vinayak Dealer License Administrator STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS SOLANO CYCLE, INC., Petitioner, Case No. 12-0706 vs. TAO TAO USA, INC., AND ROAD RAT MOTORS, LLC, Respondents. ORDER RELINQUISHING JURISDICTION AND CLOSING FILE On January 13, 2012, the Department of Highway Safety and Motor Vehicles (the Department) published a Notice of Publication of a New Point Franchise Motor Vehicle Dealer in a County of Less than 300,000 Population (Notice) in the Florida Administrative Weekly. The Notice stated that Tao Tao USA, Inc., intends to allow the establishment of Road Rat Motors, LLC, as a dealership in Gainesville, Florida, for the sale of motorcycles manufactured by Tao Tao Group Co., Ltd., (line-make TAOI, WMI-L9N). On February 13, 2012, the Department received a letter of protest from Solono Cycles, Inc., protesting the establishment of the proposed dealership of the same line-make. On February 21, 2012, the Department transmitted the case to the Division of Administrative Hearings (DOAH) to conduct a hearing pursuant to Sections 320.642 and 320.699, Florida Statutes. An Initial Order was issued by DOAH on February 21, 2012, requiring the parties to provide certain information regarding the estimated length of time necessary to conduct the hearing and all dates more than 180 and less than 240 days from the date of the filing of the protest on which all parties were available for the final hearing. No response was filed by any party. A Notice of Hearing and Order of Pre-Hearing Instructions were issued on March 20, 2012, scheduling the hearing for September 21, 2012, in Gainesville, Florida, and requiring the parties to, among other things, meet and prepare and file a pre- hearing stipulation identifying witnesses, exhibits, and many other pre-hearing matters. No party complied with the Order of Pre-Hearing Instructions. On September 18, 2012, the undersigned issued an Order Canceling Hearing, which in addition to canceling the hearing, required the parties to file on or before October 1, 2012, any reason why this file should not be closed and jurisdiction relinquished to the Department. Additionally, the Order notified the parties that failure to comply with the Order would result in the DOAH case being closed and jurisdiction relinquished to the Department. Respondent Road Rat Motors filed a letter on September 25, 2012, indicating that Road Rat Motors wished the hearing to be rescheduled. On October 1, 2012, Petitioner, Solono Cycles, filed a letter indicating that it was his understanding that Tao Tao was going to withdraw the request to establish Road Rat Motors as their franchise dealer in Alachua County. Petitioner further asserted that if Tao Tao does not submit a withdrawal letter, Petitioner wishes to proceed. However, on October 2, 2012, Respondent Tao Tao filed a letter in which it stated that "Tao Tao USA will no longer persuing (sic) this case." The letter further states that Tao Tao, as the distributer, would like to release "any future involvement with the case" and asserts that the other parties will continue to pursue this case. However, the clear language of Section 320.642(2) (a), Florida Statutes, provides that an application for a motor vehicle dealer license shall be denied when a timely protest is filed and the licensee fails to show that the existing franchised dealer who registers new motor vehicle retail sales or retail leases of the same line-make in the community of the proposed dealership is not providing adequate representation of such line- make. Most importantly, the statute provides that "the burden of proof in establishing inadequate representation shall be on the licensee." As the licensee has abandoned any involvement with the case, any hearing would be futile as the licensee cannot meet its statutory burden. Accordingly, it is ORDERED: Jurisdiction of this case is hereby relinquished to the Department of Highway Safety and Motor Vehicles and the file of the Division of Administrative Hearings is hereby closed. DONE AND ORDERED this 3rd day of October, 2012, in Tallahassee, COPIES FURNIS Mike Hillman Jennifer Wall Tao Tao USA, Suite 100 2425 Camp Ave Carrollton, T Justin Jackre Road Rat Moto Suite A Leon County, HED: ace Inc. nue exas 75006 1 rs, LLC 7065 Northwest 22nd Street Gainesville, Martin Solano Solano Cycle, Suite A 1024 South Main Street Gainesville, Jennifer Clark, Agency Clerk Department of Highway Safety and Motor V Florida Inc. Florida ehicles 32653 32601 Florida. Chasen. dteaoe BARBARA J. STAROS 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 3rd day of October, 2012. Neil Kirkman Building, Room A-430 2900 Apalachee Parkway, Mail Stop 61 Tallahassee, Florida 32399 Oct 2 2012 16:13 10/02/2012 16:89 1-678- me PAGE 62/03 Jennifer Wallace ‘ | Tao Tao USA, Ine “| 2425 Camp avenue, Suite. -ago Carrollton, Texas 75006 : (214)635-3960. ’ October 2 1m Honorable Barhera J Staros Administrative Law Judge. Division of Adrtinistrative;} rings The Soto Builth 1230 Apalachee Parkway. | Tallahassee, Florida. 7399-40so (850)488-9675! : Fax Filling (es0}s2-6847 : www. dosh state fl.us Caseft 12-706 Solano Cycle, I Petitioner VS. Road Rat Motars, LLC Respondents oa Hi | | | |, Jennifer wale. Co name Teo Tao USA, Hereby | dectave that Ta 19 Tao USA will no longer persuing thisllise. Tao Tao as tk distributor would like to release any future even with the case. nts and testi ony will be provided by both partieg/Solana le and RoadRats whd:will continue = to pursue the case until resolutionlié achleved. Please let us =. if ee aE atenasre ee cette nna Oct 2 2012 16:13 PAGE 03/83 1-678-5788877 10/62/2012 16:89 3 8 3 i 5 TERT TE pe er Big eB ey oe BN aff Fe og. 98 8 a gma - a5 - ‘ & g88... 98... Fo y8 88 . 2 wives LO ES page Bs =: PG ce peepee wcsemeensonee H sete egee gi ee geey § $282 g382 28s23 ges 3 8223 cok & eke geese B £885 ESRE $£229288 55 § 8888 2888 g2a28e88
Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Relinquishing Jurisdiction and Closing File by William F. Quattlebaum, 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 LS Motorsports, LLC and Larkin Motorworks, LLC d/b/a St. Pete Scooter to sell motorcycles manufactured by Jiangsu Linhai Power Machinery Co. Ltd. (LINH) at 3029 Dr. Martin Luther King, Jr. Street North, St. Petersburg (Pinellas County), Florida 33704. Filed September 30, 2009 3:24 PM Division of Administrative Hearings. DONE AND ORDERED this 2fi of September, 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 Division of Motor Vehicles this $" IJiday of September, 2009. NInf .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. CAF/vlg Copies furnished: Chris Densmore Scooter Escapes, LLC d/b/a Scooter Escapes 1450 1st Avenue North St. Petersburg, Florida 33705 2 Ron Larkin Larkin Motorworks, LLC 3029 9th Street North St. Petersburg, Florida 33704 Mathu Solo LS Motorsports, LLC 10215 South Sam Houston Parkway West, Suite 100 Houston, Texas 77071 Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building 2900 Apalachee Parkway, Room A432 Tallahassee, Florida 32399 William F. Quattlebaum Administrati'4e 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 3
