Countyline Auto Center, Inc. d/b/a Countyline Lexus
Notice of Publication for the Relocation of a
Franchised Motor Vehicle Dealer in a County of More
than 300,000 Population
Pursuant to Section 320.642, Florida Statutes, notice is given that Lexus, a Division of Toyota Motor Sales, USA, Inc., (“Lexus”) intends to allow the relocation of Countyline Auto Center, Inc. d/b/a Countyline Lexus as a dealership for the sale of Lexus vehicles, from its present location at 3805 South State Road 7, Hollywood, Florida 33023, to 14100 Biscayne Blvd., North Miami (Miami-Dade County), Florida 33181. Parcels at 1850 Northeast 142nd Street, and 1870 Northeast 142nd Street, both in North Miami (Miami-Dade County), Florida 33181, are contiguous to 14100 Biscayne Boulevard, and are also a part of the proposed location. The present location is on the east side of South State Road 7 in Hollywood, Florida, approximately 200 feet north of the intersection of South State Road 7 and SW 41st Street a/k/a County Line Road, and also on the north side of SW 41st Street a/k/a County Line Road approximately 200 feet east of the intersection of South State Road 7 and S. W. 41st Street a/k/a County Line Road, which location is more particularly described as follows: Lot 32, in block 2, of Miami Gardens Manor, according to the Plat thereof, recorded in Plat Book 49, Page 47, of the Public Records of Broward County, Florida; and Portions of Tracts “A” and “B”, Miami Gardens Commercial Section, according to the Plat thereof, as recorded in Plat Book 37, Page 29, of the Public Records of Broward County, Florida, more fully described as follows: Commencing at the Northwest corner of said Tract “A”; thence due South along the West line of said Tract “A”, a distance of 123.28 feet to the Point of Beginning, thence continuing due South along the said West line, a distance of 262.36 feet; thence due East, a distance of 150.0 feet; thence due South, a distance of 175.00 feet; thence due East along the South line of said Tract “A”, a distance of 278.81 feet; thence North 0 degrees 11 minutes 5 seconds East, a distance of 216.24 feet; thence North 46 degrees 03 minutes 59 seconds West, along the Westerly boundary line of Miami Gardens Manor, according to the Plat thereof, as recorded in Plat Book 49, Page 47, of the Public Records of Broward County, Florida, a distance of 318.70 feet; thence due West, a distance of 200.0 feet to the Point of Beginning; less therefrom the parcel deeded to Broward County, a body corporate and political subdivision of the State of Florida, for Road Right-of-Way, recorded in Official Records Book 16178, Page 191, described as follows: A portion of Tract “A”, Miami Gardens Commercial Section, according to the Plat thereof, as recorded in Plat Book 37, Page 29, of the Public Records of Broward County, Florida, more fully described as follows: commencing at the Northwest corner of said Tract “A”; thence due South along the West line of said Tract “A”, a distance of 385.64 feet; thence due East, a distance of 150.0 feet; thence due South, a distance of 157.00 feet to the Point of Beginning; thence continuing due South a distance of 18.00 feet to the point on the South line of said Tract “A”, thence due East along said South line, a distance of 278.81 feet; thence North 0 degrees 11 minutes 05 seconds East, a distance of 18.00 feet; thence due West, along a line 18.00 feet North of and parallel with the South line of said Tract “A”, a distance of 278.87 feet to the Point of Beginning. From the parcels described above, the following parcel is deleted: the property deeded to Broward County, Florida, for Road Right-of-Way, recorded in Official Records Book 16178, Page 194, described as follows: A portion of Tract “A”, Miami Gardens Commercial Section, according to the Plat thereof, as recorded in Plat Book 37, Page 29, of the Public Records of Broward County, Florida, more fully described as follows: Commencing at the Northwest corner of said Tract “A”; thence due South along the West line of said Tract “A”, a distance of 123.28 feet to the Point of Beginning; thence continuing due South along said West line, a distance of 262.36 feet, thence due East, a distance of 10.00 feet; thence due North, a distance of 262.36 feet; thence due West, a distance of 10.00 feet to the Point of Beginning. The proposed new location of the dealership is 14100 Biscayne Blvd., North Miami, Florida 33181, which is more particularly described as follows: That portion of Lot 16 and that portion of the North 115.00 feet of Lot 17, according to the Amended Plat of R.E. McDonald’s Subdivision, recorded in Plat Book 2, Page 22, of' the Public Records of Dade County, Florida, lying East of a line 297.92 feet East of and parallel with the West line of Section 21, Township 52 South, Range 42 East, less the Easterly 30 feet and the Northerly 25 feet of said Lot 16.
The dealership to be established will be Countyline Auto Center, Inc. d/b/a Countyline Lexus, a Florida corporation. It will be opened on or after May 10, 2007.
The name and address of the dealer operator of the proposed dealer is Craig M. Zinn, 3805 South State Road 7, Hollywood, Florida 33023.
The name and address of the principal investor of Countyline Auto Center, Inc. d/b/a Countyline Lexus is Craig M. Zinn, 3805 South State Road 7, Hollywood, Florida 33023. Lexus and Countyline Auto Center, Inc. d/b/a Countyline Lexus assert that the exemption provided in Section 320.642(5)(a)3., Florida Statutes, applies to this relocation because the relocation meets all three of the conditions of that subparagraph: (1) the proposed relocation is within six miles of the prior location, approximately 5.42 miles; (2) there is one existing motor vehicle dealer of the same line-make, Countyline Auto Center, Inc. d/b/a Lexus of Pembroke Pines, that is located at 16150 Pines Boulevard, Pembroke Pines, FL 33027, within fifteen miles of the former location, approximately 10.06 miles; and (3) the proposed location is no closer to any existing dealer of the same line-make that is within fifteen miles of the proposed location, because the only existing dealer of the same line-make that is within fifteen miles of the proposed location is Lexus of Pembroke Pines, which is approximately 14.38 miles from the proposed location. The proposed relocation moves the relocating dealer from approximately 10.06 miles from Lexus of Pembroke Pines to a location approximately 14.38 miles from Lexus of Pembroke Pines.
Countyline Auto Center, Inc. also owns and operates Lexus of Pembroke Pines, located at 16150 Pines Boulevard, Pembroke Pines, FL 33027. To the extent that any dealer contends that Lexus of Pembroke Pines is not a distinct and separate dealership from Countyline Lexus or contends that it is not located at a distinct and separate location, the relocation would be exempt under Section 320.642(5)(a)4., Florida Statutes. Assuming purely for the sake of argument and without admitting, that Lexus of Pembroke Pines and Countyline Lexus are the same dealership or same location, the exemption provided in Section 320.642(5)(a)4., Florida Statutes, would apply to the proposed relocation because, in such circumstances treating Countyline Lexus and Lexus of Pembroke Pines as the same location and/or dealership, the relocation meets all three of the conditions of that subparagraph: (1) the proposed location is within six miles of the prior location, approximately 5.42 miles; (2) all existing motor vehicle dealers of the same line-make are beyond fifteen miles of the former location, the nearest being G.F.B. Enterprises, LLC d/b/a Lexus of Kendall, which is located at 10775 S. Dixie Highway, Miami, Florida 33156, approximately 22.10 miles from the prior location; and (3) the proposed location is further than fifteen miles from any existing motor vehicle dealer of the same line-make, because the nearest existing motor vehicle dealer of the same line-make would be G.F.B. Enterprises, LLC d/b/a Lexus of Kendall, which is approximately 19.10 miles from the proposed location.
Out of an abundance of caution, Lexus and Countyline Auto Center, Inc. d/b/a Countyline Lexus have requested that this notice be published in order to allow a protest to be filed by any dealer who asserts that the proposed relocation is not exempt from protest. Lexus and Countyline Auto Center, Inc. d/b/a Countyline Lexus reserve the right to contend that the exemption contained in Section 320.642(5)(a)3., Florida Statutes, does apply in the event any protests are filed, and further reserve the right to contend that the exemption contained in Section 320.642(5)(a)4., Florida Statutes, would apply in the event that a dealer asserts that Countyline Lexus and Lexus of Pembroke Pines are same dealership or same location.
The notice indicates intent to relocate the dealership to a location in a county of more than 300,000 in population, according to the latest population estimates of the University of Florida, Bureau of Economic and Business Research.
Certain dealerships of the same line-make may claim to have standing, pursuant to Section 320.642, Florida Statutes, to file a petition or complaint protesting the application.
Written petitions or complaints must be received by the Department of Highway Safety and Motor Vehicles within 30 days of the date of publication of this notice and must be submitted to: Administrator, Dealer License Section, Department of Highway Safety and Motor Vehicles, Room A-312, Neil Kirkman Building, 2900 Apalachee Parkway, Tallahassee, Florida 32399-0635.
A copy of such petition or complaint must also be sent by mail to: Mark G. Del Rosso, General Manager, Lexus Southern Area, Lexus, a Division of Toyota Motor Sales, USA, Inc., 11540 Great Oaks Way, Alpharetta, GA 30022, and Craig M. Zinn, Countyline Lexus, 3805 South State Road 7, Hollywood, Florida 33023.
If no petitions or complaints are received within 30 days of the date of publication, a final order will be issued by the Department of Highway Safety and Motor Vehicles approving the relocation of the dealership, subject to the applicant’s compliance with the provisions of Chapter 320, Florida Statutes.