07-000739 Ls Motorsports, Llc And St. Pete Jeep, Inc., D/B/A St. Pete Powersports vs. West Coast Motorcycles Status: Closed Recommended Order on Wednesday, May 9, 2007.

Summary: Respondent that did not appear or present evidence failed to satisfy the burden of proof within the meaning of Section 320.642(2), Florida Statutes.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LS MOTORSPORTS, LLC , AND ST. )

PETE JEEP, INC., d/b/a ST. PETE )

POWERSPORTS , )

)

Petitioner s , )

)

vs. ) Case No. 07 - 0739

)

WEST COAST MOTORCYCLES , )

)

Respondent . )

)

RECOMMENDED ORDER

Administrative Law Judge (ALJ) Daniel Manry conducted the

formal hearing of this case for the Division of Administrati ve

Hearings (DOAH) on April 12 , 2007, in S t. Petersburg, Florida.

APPEARANCES

For Petition er s : (No a ppearance)

For Respondent : (No a ppearance)

STATEMENT OF THE ISSUE

The issue in this case is the propriety of Respondent's

protest of a proposed establishment of a motorcycle franchise

dealership in St. Petersburg, Florida, based on iss ues

specifically within the purview of Sections 320.642 and 320 .699,

Florida Statutes (2006). 1

PRELIMINARY STATEMENT

On January 26, 2007 , Petitioner , LS MotorSports, LLC

(MotorSports), published , in the Florida Administrative Weekly ,

the intent to estab lish a new point dealership with Petitioner,

St. Pete Jeep, Inc., d/b/a St. Pete Powersports (Powersports),

for the sale of certain line makes of motorcycles. Respondent

filed a protest with the Department of Highway Safety and Motor

Vehicles (Department) on February 8, 2007. By letter dated

February 13, 2007, the Department referred the matter to DOAH to

assign an ALJ to conduct an administrative hearing:

[F] or the sole purpose of determining the

propriety of the protest regarding issues

specifically wi thin the purview of the [ sic ]

Sections 320.642 and 320.699, Florida

Statutes.

FINDINGS OF FACT

1. T he parties did not appear at the formal hearing. The

parties did not object to the date, time, or place of the

hearing.

2. The representative for Mot orSports represented by

telephone to the administrative assistant for the undersigned

that he did not intend to appear at the administrative hearing.

However, the representatives for the other parties provided no

advance notice of their intent not to appe ar at the hearing.

T he parties did not file a motion to cont inue or reschedule the

hearing.

CONCLUSIONS OF LAW

3 . DOAH has jurisdiction over the subject matter and

parties. §§ 120.569 and 120.57(1) .

4 . Petitioner s have the burden of proof in this

pro ceeding. Petitioner s must show by a preponderance of the

evidence that Respondent is "not providing adequate

representation" in the community within the meaning of

Subsection 320.642(2)(a)2.

5. Petitioner s failed to satisfy their burden of proof .

Petit ioner s submitted no evidence of the issues prescribed in

Subsection 320.642(2)(b).

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions

of Law, it is

RECOMMENDED that the Department enter a final order finding

that the protest filed by Respondent is proper regarding issues

specifically within the purview of Sections 320.642 and 320.699.

DONE AND ENTERED this 9 th day of Ma y , 2007, in Tallahassee,

Leon County, Florida.

S

DANIEL MANRY

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 Administrati ve Hearings

this 9 th day of May , 2007.

ENDNOTE

1/ All statutory references are to Florida Statutes (2006),

unless specifically provided otherwise.

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

Marion H. Hooper

West Coast Motorcycles

6814 46th Avenue North

St. Petersburg, Florida 33709 - 4706

William Douglas

555 34th Street South

St. Petersburg, Florida 33711

Mathu Solo

LS MotorSports, LLC

2550 East Desert Inn, No. 40

Las Vegas, Nevada 89121

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

Judson M. Chapman, General Counsel

Department of Highway Safety and

Motor Vehicles

Neil Kirkman Building

2900 Apalachee Parkway

Tallahassee, Florida 32399 - 0500

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to s ubmit written exceptions within

15 days from the date of this Recommended Order. Any exceptions

to this Recommended Order should be filed with the agency that

will issue the Final Order in this case.