1. (1) Applicability.

   Unless specifically exempted by section 333.025(2), (3), or (4), F.S., any person proposing the construction or alteration of an obstruction within a 10-nautical mile radius of the airport reference point of an existing or planned public-use or military airport must obtain a permit from the Department.

2. (2) Airspace Obstruction Permit Application.

   1. (a) The sponsor shall complete the Airspace Obstruction Permit Application by utilizing FDOT Form 725-040-11, effective 11/2024, incorporated herein by reference at HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-17280"http://www.flrules.org/Gateway/reference.asp?No=Ref-17280, and available at https://www.fdot.gov/aviation. The form shall be submitted by certified mail, return receipt requested, or by a delivery service that provides a receipt evidencing delivery to: State Aviation Manager, Aviation Office, Florida Department of Transportation, 605 Suwannee Street, MS 46, Tallahassee, Florida 32399-0450. All additional supporting documentation required by paragraph (2)(b) and FDOT Form 725-040-11, effective 11/2024, must be submitted with the form to complete the application.

   2. (b) An Airspace Obstruction Permit Application shall include the following documentation:

      1. A photo identification issued by a governmental agency establishing the identity of the sponsor(s) or a certified copy of the official governmental record establishing the sponsor(s) as a person.

      2. If the sponsor is not the landowner, attach a copy of the authorization to construct or lease of land involved.

      3. A certified document establishing an individual as the agent authorized to act on behalf of a sponsor to obtain an Airspace Obstruction Permit, if applicable.

      4. A map or aerial photograph depicting the geographical location of the site.

      5. Detailed scaled drawing at least 11” x 17” showing the following features of the site:

      a. Site boundaries; and

      b. The type, size, and dimensions of the proposed obstruction.

      6. An executed document from an authorized representative of the zoning authority having jurisdiction over the site stating that the zoning authority does not have airport protection zoning regulations for the site as depicted in the Airspace Obstruction Permit Application.

      7. A map depicting the following:

      a. Site boundaries; and

      b. Airport reference points for all existing and proposed public-use and military airports within a 10-nautical mile radius of the site.

      8. A copy of the FAA 7460-1 form(s) and all attachments submitted to the FAA for the obstruction.

      9. A copy of the final FAA Airspace Determination Letter(s) for the obstruction.

      10. A certified acknowledgement that the sponsor must install, maintain, and operate at the sponsor’s expense, marking and lighting in conformance with the specific standards established by the FAA in the final FAA Airspace Determination Letter(s).

   The sponsor shall complete an Airspace Obstruction Permit Application in the form and manner prescribed by the Department. The complete application shall be filed prior to commencing construction or establishment of an obstruction.

3. (3) Review.

   1. (a) Within 10 days of receipt of a Airspace Obstruction Permit Application, the applicant will be notified of any apparent errors or omissions and any requests for additional information.
   2. (b) An Airspace Obstruction Permit shall be granted only after the Department determines the conditions of section 333.025(6), F.S., are satisfied.
   3. (c) The Department shall, within 30 days after receipt of an Airspace Obstruction Permit Application, issue or deny the Airspace Obstruction Permit.
   4. (d) Following the Department’s decision on the issuance of the Airspace Obstruction Permit, the Department will publish an announcement in the Florida Administrative Register (FAR) to inform any person whose substantial interests will be determined or affected by the issuance of the Airspace Obstruction Permit of their right, pursuant to sections 120.569 and 120.57, F.S., and Rule 28-106.111, F.A.C., to petition for an administrative hearing within 21 days of publication of such notice in the FAR. The Department’s action will become final unless a timely petition for hearing is filed the Department’s Clerk of Agency Proceedings in accordance with the pleading requirements of Rule 28-106.201 or Rule 28-106.301, F.A.C., depending on whether a formal or informal hearing is requested.
   5. (e) If a valid request for administrative hearing is not timely delivered to the Department, the Department’s action on the Airspace Obstruction Permit shall take effect 30 days after the date of its issuance.
   6. (f) If a valid request for administrative hearing is timely delivered to the Department’s Clerk of Agency Proceedings, the Department’s action shall be held in abeyance pending the outcome of the administrative process.

   The Department will process and determine the approval or disapproval of an Airspace Obstruction Permit Application as follows:

4. (4) Airport Airspace Obstruction Permit Issuance.

   Department approval of the construction or alteration of an obstruction shall be documented by issuance of an Airspace Obstruction Permit, which shall remain valid in accordance with the applicable FAA airspace determination(s).

Rulemaking Authority 333.15, 334.044(2) FS. Law Implemented 333.01, 333.025 FS. History-New 12-3-24.