08-005475 Galaxy Powersports, Llc, D/B/A Jcl International, Llc, And Putnam City Motor, Inc., D/B/A Pc Motors vs. Seven Bridges Cycles, Inc. Status: Closed Recommended Order on Tuesday, May 12, 2009.

Summary: The failure of the applicant to appear resulted in the denial of a new point dealership application.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

GALAXY POWERSPORTS, LLC, d/b/a )

JCL INTERNATIONAL, LLC, AND )

PUTNAM CITY MOTORS, INC., d/b/a )

PC MOTORS, )

)

Petitioners, )

)

vs. ) Case No. 08-5475

)

SEVEN BRIDGES CYCLES, INC., )

)

Respondent. )

)

RECOMMENDED ORDER

Upon due notice, a disputed-fact hearing was held in this

cause by means of video teleconferencing in Tallahassee, and

Jacksonville, Florida, on April 29, 2009, before Ella Jane P.

Davis, a duly-assigned Administrative Law Judge of the Division

of Administrative Hearings.

APPEARANCES

For Petitioner: No appearance

For Respondent: No appearance

STATEMENT OF THE ISSUE

Whether Petitioners may be granted a new point dealership

for Taizhon Zhongneng (ZHNG) motorcycles.

PRELIMINARY STATEMENT

This cause was referred to the Division of Administrative

Hearings on or about October 31, 2008. The final hearing date

of April 29, 2009, was selected so as to comply with the

applicable statute, Section 320.699, Florida Statutes.

FINDINGS OF FACT

1. On October 10, 2008, the Department of Highway Safety

and Motor Vehicles published a notice in the Florida

Administrative Weekly. The notice announced that Galaxy

Powersports, LLC, d/b/a JCL International, LLC, intended to

establish Putnam City Motors, Inc., d/b/a PC Motors, as a

dealership for the sale of motorcycles manufactured by Taizhon

Zhongneng Motorcycle, Co., Ltd. (ZHNG) at 7033 Beach Boulevard,

Jacksonville (Duval County), Florida 32216, on or after

September 29, 2008.

2. Thereafter, the Respondent, (Jeff Wiggins) of Seven

Bridges Cycles, Inc. timely challenged the approval of the

proposed dealership.

3. By a notice entered December 16, 2008, the cause was

set for formal disputed-fact hearing at 9:30 a.m., April 29,

2009, by video conference between Jacksonville and Tallahassee,

Florida.

4. A Notice of Video Instructions requiring pre-filing of

exhibits also was entered on December 16, 2008. No party

complied with the April 18,2009, pre-filing date for exhibits

set out in that Order.

5. A few days prior to April 29, 2009, the undersigned's

secretary called each party to determine if the case had been

resolved. Neither party returned her phone call.

6. At 9:30 a.m., on April 29, 2009, no one on behalf of

either Petitioner or Respondent appeared at either hearing site.

7. The undersigned caused the court reporter to sound the

docket in the Jacksonville site's hallway at 9:35 a.m. and at

10:00 a.m. on April 29, 2009, but no one responded for either

party or for the manufacturer. By 10:00 a.m., no one had

appeared at the Tallahassee site.

8. The hearing was closed without any appearances or

evidence.

CONCLUSIONS OF LAW

9. The Division of Administrative Hearings has

jurisdiction over the parties and subject matter of this cause,

pursuant to Sections 120.569 and 120.57(1), Florida Statutes

(2008).

10. The duty to go forward and the burden of proof to

support a new dealership pursuant to Section 320.642, Florida

Statutes, has not been met herein, and a final order should be

entered denying a grant of a new point dealership.

RECOMMENDATION

Based on the foregoing Findings of Facts 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 Petitioners Galaxy Powersports, LLC, d/b/a JCL

International, LLC, and Putnam City Motors, Inc., d/b/a PC

Motors.

DONE AND ENTERED this 12th day of May, 2009, in

Tallahassee, Leon County, Florida.

S

___________________________________

ELLA JANE P. DAVIS

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone] SUNCOM 278-9675

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 12th day of May, 2009.

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

Pete Biltoc

Claudio Biltoc

Putnam City Motors, Inc.

7033 Beach Boulevard

Jacksonville, Florida 32216

Leo Su

Galaxy Powersports, LLC, d/b/a

JCL International, LLC

2667 Northhaven Road

Dallas, Texas 75229

Jeff Wiggins

Seven Bridges Cycles, Inc.

8841 Atlantic Boulevard

Jacksonville, Florida 32211

Carl A. Ford, Director

Division of Motor Vehicles

Department of Highway Safety

and Motor Vehicles

Neil Kirkman Building

2900 Apalachee Parkway

Tallahassee, Florida 32399-1701

Robin Lotane, General Counsel

Department of Highway Safety

and Motor Vehciles

Neil Kirkman Building

2900 Apalachee Parkway

Tallahassee, Florida 32399-1701

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit 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.