ATX SMA TOOK OFF AT NIGHT INTO WHAT HE THOUGHT WAS VMC AND INTO WHAT HE THOUGHT WAS AN UNCTLED AIRSPACE AS THE TWR WAS NOT YET OPEN. THERE WAS 24 HR WX AVAILABLE; AND THE ON-DUTY OBSERVER HAD NOTED THAT THE WX WAS BELOW VMC.

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I TOOK OFF IN A SMA FOR A ROUTINE FLT TO TALLAHASSEE; FL FROM ORLANDO EXEC. ORL TWR WAS STILL CLOSED; SO IT WAS STILL AN UNCTLED FIELD UP þTIL 1500 FT WHERE THE TCA STARTS AND UNTIL TWR OPENS AT XX00 AM. I CALLED TWR. NO RESPONSE! SO I LOOKED AT THE WX þVISUAL!þ I DETERMINED THAT IT WAS ABOUT 1000 FT CEILING AND AT BEST 3 MI VISIBILITY! SO I THOUGHT I WAS LEGAL TO TKOF VFR. SO I DID. I CLBED TO 1100 FT. STILL VFR. TURNED NBOUND; AND CALLED UP ORL DEP AND OPENED MY þCANNEDþ VFR FLT PLAN! COULD NOT GET IN RADIO CONTACT ON THE GND AT EXEC (ORL). LATER ON THAT DAY; I WAS CALLED BY MR X FROM THE ORL FSDO; HE EXPLAINED THAT I HAD VIOLATED THE ORL CTL ZONE!? (RPTED TO BE 900 FT CEILING; 3 STATUTE MI). I ARGUED THAT THE CTL ZONE WAS NOT IN EFFECT! I WAS WRONG. I SINCERELY DID NOT KNOW THAT ORL HAD A TRAINED WX OBSERVER AT THE FIELD; THAT GIVES HRLY OBSERVATIONS 24 HRS A DAY!!! USUALLY; I TKOF AFTER THE TWR IS OPEN AND THE FEW TIMES I HAVE TAKEN OFF BEFORE THE TWR OPENED; IT HAS BEEN CLR SKY AND UNLIMITED VISIBILITY. I THINK THAT THE INCIDENT WAS CAUSED BY 1. LACK OF INFO ABOUT WX OBSERVING SVC ON THE FIELD. 2. THAT I NEVER BEFORE KNEW OR HAD TO KNOW THAT THE CTL ZONE WAS IN EFFECT 24 HRS A DAY WHEN WX IS BELOW VFR. DUE TO PERFECT VFR IN PREVIOUS CASES; AND THAT I ONLY INQUIRED ABOUT ENRTE AND DEST WX ON PREVIOUS DEPS. I CONSIDER MYSELF A VERY CONSCIENTIOUS INDIVIDUAL THAT TRIES TO GATHER AS MUCH INFO AS POSSIBLE. I JUST DIDNþT KNOW THAT WE HAVE 24 HR WX ON FIELD! SO; I SINCERELY; THOUGHT þNO CTL ZONE; I CAN GO VFR OUT OF UNCTLED AIRSPACE UNTIL I PICK UP IFR CLRNC.þ