STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 87-3134

)

WHIRLEYBIRD HELISTOP, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, Stephen F. Dean, held a formal hearing in the above- styled case on December 8, 1987, in Panama City, Florida.

APPEARANCES

For Petitioner: Vernon L. Whittier, Jr., Esquire

Department of Transportation Haydon-Burns Building

605 Suwannee Street, Mail Station 58

Tallahassee, Florida 32399-0458 For Respondent: No Appearance

This cause arose by letter dated June 25, 1987, by the Department of Transportation, Petitioner, notifying Whirleybird Helistop, Respondent, that its airport license was being revoked because of the lack of proper zoning at the site. Also, Bay County, owner of the property where the helistop is located, notified the Respondent, through its attorney, by letter dated July 22, 1987, it was terminating the concession agreement (lease) and (30 days to vacate the premises.

The issues to be resolved are whether the license should be revoked because of lack of proper zoning and no lease from the property owner for the site in question.

FINDINGS OF FACT

1. The record reflects that notice was given to Respondent at its business address. The hearing was recessed for over 15 minutes to give Respondent added time to appear. Respondent has not contacted the Division as of the date of this Order.

   
   

2. Yellow Whirleybird Helistop was issued an airport license renewal by the Department of Transportation, on March 11, 1987, for a private helistop located at latitude 30 degrees 11' 24" and longitude 85 degrees 49' 52" in Bay County, Panama City Beach, Florida. The service provided by this helistop is helicopter rides and it is located on property owned by Bay County, Florida.

3. The City of Panama City Beach enacted a land use ordinance, No. 316, effective June 11, 1987, prohibiting the operation of sightseeing rotocraft "within the area bounded on the north by the southerly right-of-way U.S. Highway 98, alternate (Front Beach Road) and south Thomas Drive, and east and west by the easterly and westerly boundaries of the city, ---".

   
   

4. The heliport in question is located within the area described above.

   
   

5. The Office of the County Attorneys, Bay County, by letter dated July 22, 1987, notified Yellow Whirleybird Heli- copter, Inc. that the concession agreement it had with the county was terminated and gave Yellow Whirleybird 30 days to vacate the premises.

   
   

6. The Department of Transportation, by letter dated June 25, 1987, notified Yellow Whirleybird Helistop that its airport license was being revoked because of lack of proper zoning at the site, due to Panama City Beach Ordinance No. 316. In addition, suitable local zoning and ownership or lease of the airport site are requirements of site approval and license by the Department.

   
   

   CONCLUSIONS OF LAW

   
   

7. Notice was in accordance with the applicable statute and rules.

   
   

8. The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of this case, pursuant to Section 120.57(1), Florida Statutes. The Department of Trans- portation has authority to regulate airports and issue licenses therefore, pursuant to Chapter 330, Florida Statutes, and Chapter 14-60, Florida Administrative Code.

   
   

9. Section 330.30(1)(a), Florida Statutes (1985), provides in part:

   
   

   2. That the proposed airport, if constructed or established, will conform to minimum standards of safety and will comply with applicable county or municipal zoning requirements.

   
   

10. Section 330.30(2), Florida Statutes (1985), provides in part:

    
    

    (f) The department may revoke any license or renewal thereof, or refuse to issue a renewal, if it determines:

    3. That, because of changed 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.

    
    

11. Section 14-60.005, Florida Administrative Code, pro- vides in part:

    
    

    (3) an applicant must have an option to buy or be the owner or lessee of proposed airport, ---

12. Yellow Whirleybird Helistop airport license for a private helistop was renewed by the Department of Transportation on March 1, 1987. The City of Panama City Beach enacted a zoning ordinance which became effective June 11, 1987, prohibiting sight seeing rotocraft operations from the beach inside the corporate limits which included the sight in question.

    
    

13. Additionally, Bay County cancelled its concession agreement with Yellow Whirleybird by letter dated July 22, 1987, which had allowed the Respondent to operate helicopters from subject site providing rides.

    
    

14. Section 330.30(1)(a)2., Florida Statutes, requires the airport (helistop) to comply with local zoning requirements and Section 14-60.005(3), Florida Administrative Code, requires the applicant to be the owner or have a lease to the airport prop- erty.

    
    

15. Section 330.30(2)(f), Florida Statutes, provides that the Department may revoke a license or renewal when there has been a change in "--- physical or legal conditions or circumstances ---" making the airport unusable for the purpose for which the license was issued. In the instant case, the changed zoning and the cancelled lease prohibit helicopter opera- tions from subject site. Therefore, the license in question should be revoked because it does not meet the zoning and lease requirements of the statute and the rule.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the airport license located at latitude 30 degrees 11' 24" and longitude 85 degrees 49' 52" in Panama City Beach, Florida, issued to Whirleybird Helistop, Respondent, for a private helistop be revoked because it does not currently meet the zoning and lease requirements of the statute and rule.

DONE AND ORDERED this 22nd day of December, 1987, in Tallahassee, Leon County, Florida.

STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 22nd day of December, 1987.

COPIES FURNISHED:

Vernon L. Whittier, Jr., Esquire Department of Transportation Haydon-Burns Building

605 Suwannee Street, Mail Station 58

Tallahassee, Florida 32399-0450

Mr. Ron Brown Whirleybird Helistop

430 Lyndell

Panama City Beach, Florida 32407

Douglas J. Sale, Esquire City Attorney

110 South Arnold Road

Panama City Beach, Florida 32407

Kay N. Henderson, P.E., Secretary Department of Transportation Haydon-Burns Building

605 Suwannee Street, Mail Station 58

Tallahassee, Florida 32399-0458

Docket for Case No: 87-003134

Orders for Case No: 87-003134