STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MICHAEL J. STAVOLA, et al., )

)

Petitioner, )

)

vs. ) CASE NO. 81-1982

) JAMES & GERALDINE GAREMORE & ) DEPARTMENT OF TRANSPORTATION, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Ocala, Florida, before the Division of Administrative Hearings and its duly appointed Hearing Officer, R. T. Carpenter, on October 8, 1981.

APPEARANCES

The Petitioners are as follows: Mrs. Clark Hardwick

900 Northeast 100 Street

Ocala, Florida 32671

Charles and Terry Kerr

8149 West Anthony Road, Northeast Ocala, Florida 32670

John P. Edson

8610 West Anthony Road, Northeast Ocala, Florida 32670

Sherry and Vince Shofner Post Office Box 467 Anthony, Florida 32617

Frank and Carol Constantini

8545 West Anthony Road, Northeast Ocala, Florida 32670

James Banta

9349 West Anthony Road, Northeast Ocala, Florida 32670

Deborah Allen

8263 West Anthony Road, Northeast Ocala, Florida 32670

Worth E. Farr, Jr.

8215 West Anthony Road, Northeast Ocala, Florida 32670

Michael J. Stavola Anthony, Florida 32617

Frances Spain

Post Office Box 128 Anthony, Florida 32617

Beatrice Shepherd Post Office Box 215

Anthony, Florida 32617

J. W. Houston

900 Northeast 100 Street

Ocala, Florida 32670

The Respondents were represented by: John F. Welch, Esquire

Seven Northeast Second Street Ocala, Florida 32670

For James and Geraldine Garemore

Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building, Suite 562 Tallahassee, Florida 32301

For Department of Transportation

This matter arose on objections to the application for airport license renewal filed by James and Geraldine Garemore with the State of Florida Department of Transportation (DOT). The matter was referred to the Division of Administrative Hearings by DOT pursuant to Subsection 120.57(1), Florida Statutes (F.S.).

Respondent DOT submitted proposed findings of fact and conclusions of law, which were endorsed by Respondent Garemore. To the extent these proposed findings have not been adopted or otherwise incorporated herein, they have been specifically rejected as irrelevant or not supported by the evidence.

FINDINGS OF FACT

1. The Garemore airport is located in Marion County and is known as the Greystone Airport. The Garemores were issued a private airport license for the period September 24, 1980, through September 30, 1981, and have made timely application for annual renewal of this license.

   
   

2. Neighboring property owners and residents who objected to grant of the initial license also object to renewal. Generally, their objections concern excessive noise and unsafe aircraft operations.

3. Several Petitioners raise and breed thoroughbred horses on property adjacent to the airport. They fear for their personal safety and the well-being of these horses and other livestock. These Petitioners also contend that aircraft noise and low flying upset their animals and interfere with mating. However, Respondent introduced opposing evidence, and Petitioners' contention was not established as factual.

   
   

4. Through unrebutted testimony, Petitioners established that crop dusters routinely originate operations from Greystone Airport, and that crop dusting chemicals are stored on the site. About six months ago, a crop duster taking off from Greystone Airport dumped his chemical load on a Petitioner's property and subsequently crashed on this property.

   
   

5. Petitioners also argue that the airport glide slope does not meet accepted criteria and that runway surfacing is inadequate. Respondent DOT has recently inspected the facility and through the testimony of its airport inspector, demonstrated that the glide slope has been measured and meets the 20 to 1 requirement set forth in Section 14-60.07, Florida Administrative Code.

   
   

6. The runway is not surfaced and Petitioners contend it is not hard enough for aircraft operations during the rainy season. As evidence of this, they cite an incident where a visiting airplane ground looped on landing and appeared to lose a wheel. This incident did not establish a runway deficiency, however, nor did Petitioners offer evidence that the runway surface fails to meet any statutory or rule standard.

   
   

7. Petitioners related numerous examples of low flying, night flying and acrobatic maneuvering at and near the Greystone Airport. They contend that these activities along with the concentration of World War II and antique aircraft, and the crop dusting operations, have made this a commercial facility.

   
   

   CONCLUSIONS OF LAW

   
   

8. Subsection 330.30(3)(a) provides in part:

   
   

   . . .All licenses shall be renewable annually upon payment of the fees prescribed. Licenses and renewals thereof may be issued subject to any reasonable conditions that the division may deem necessary to effectuate the purposes of this section. The division may revoke any license or renewal thereof, or refuse to issue a renewal, when it shall reasonably determine:

   1. That there has been an abandonment of the airport as such;

   2. That there has been a failure to comply with the conditions of the license or renewal thereof; or

   3. That because of change of physical or legal conditions or circumstances the airport has become either unsafe or unusable for the aeronautical purposes for which the license or renewal was issued.

9. The above provisions authorize denial of license renewal for airport abandonment, failure to comply with license conditions or changed circumstances. None of these grounds for denial was established by Petitioners, who have the burden of proof in this proceeding. See Balino v. Department of Health and Rehabilitative Services, 348 So.2d 349, (Fla. 1st DCA 1977). It should be noted that unsafe maneuvering of aircraft is a pilot's license violation, which is under the jurisdiction of the Federal Aviation Administration.

   
   

10. The above provisions permit DOT to renew an airport license subject to reasonable conditions. Since safety is the primary purpose of the airport licensing statute, a licensing condition which will further this goal without significant inconvenience to the licensee is appropriate.

    
    

11. Since the Garemores are not involved in crop dusting, use of Greystone Airport for this purpose was not contemplated in the original license proceedings. Although Petitioners did not demonstrate that the Garemores are using their airport for commercial purposes, crop dusting operations necessarily increase the noise and risk exposure to adjacent property owners. Therefore, restriction against crop dusting operations should be imposed as a condition of license renewal.

RECOMMENDATION

From the foregoing, it is RECOMMENDED:

That the private airport license issued to James and Geraldine Garemore be renewed subject to a restriction against crop dusting operations.

DONE AND ENTERED this 30th day of November, 1981, in Tallahassee, Florida.

R. T. CARPENTER, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 30th day of November, 1981.

COPIES FURNISHED:

Mrs. Clark Hardwick

900 Northeast 100th Street Ocala, Florida 32677

Charles and Terry Kerr

8149 West Anthony Road, Northeast Ocala, Florida 32670

Mr. John P. Edson

8610 West Anthony Road, Northeast Ocala, Florida 32671

Sherry and Vince Shofner Post Office Box 467 Anthony, Florida 32617

Frank and Carol Constantini

8545 West Anthony Road, Northeast Ocala, Florida 32670

Mr. James B. Banta, Sr.

9349 West Anthony Road, Northeast Ocala, Florida 32670

Ms. Deborah Allen

8263 West Anthony Road, Northeast Ocala, Florida 32671

Mr. Worthy E. Farr, Jr.

8215 West Anthony Road, Northeast Ocala, Florida 32671

Mr. Michael J. Stavola Post Office Box 187 Anthony, Florida 32617

Frances Spain

Post Office Box 128 Anthony, Florida 32617

Ms. Beatrice Shepherd Post Office Box 215 Anthony, Florida 32617

J. W. Houston

900 Northeast 100th Street Ocala, Florida 32670

John F. Welch, Esquire Post Office Box 833 Ocala, Florida 32678

Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building, Suite 562 Tallahassee, Florida 32301

Docket for Case No: 81-001982

Orders for Case No: 81-001982