Date: 201808
Local time of day: 0001-0600
Location: ZMA.ARTCC, FL
Aircraft: B777 Undifferentiated or Other Model
Operator: Air Carrier
Operating under: Part 121
Flight plan: IFR
Mission: Passenger
Flight phase: Climb
Airspace: Class A ZMA
ATC / advisory: Center ZMA
Second aircraft: Military
Reporter organization: Government
Reporter function: Enroute
Reporter qualification: Air Traffic Control Fully Certified
Human factors: Distraction; Communication Breakdown; Situational Awareness; Workload
Second reporter function: Enroute
Anomaly: ATC Issue All Types; Airspace Violation All Types; Inflight Event / Encounter Weather / Turbulence
Detector: Person Air Traffic Control
When detected: In-flight
Contributing factors: Human Factors; Procedure; Weather
Primary problem: Ambiguous

Narrative: Sector 23 called requesting higher FL250 for Aircraft X to climb above Active Military Airspace. I approved FL250. I did not have the handoff on the aircraft. About two minutes later; I accepted the radar handoff of Aircraft X because I knew Sector 23 was climbing the aircraft into my airspace to top the [Active Military Airspace]. Almost immediately after accepting the handoff; Sector 23 switched Aircraft X to my frequency; but he was only leaving 160. I assigned Aircraft X a clearance to reach FL250 in 4 minutes or less for Active Military Airspace. Aircraft X said unable. I called Sector 23 to get control for turns. I then turned Aircraft X heading 180. Aircraft X said unable due to weather. I then assigned a heading of 090 and pilot said unable. I then assigned heading 080. I then asked again for Aircraft X to turn heading 180 when able. I then climbed Aircraft X FL290 and said leave FL250 in two minutes and Aircraft X said unable. Aircraft X entered Active Military Airspace still climbing. I could not do a point out to the military because there was no way to contact the ship or unit who was using the airspace. I advised Aircraft X that he was entering an area with possible live fire. I could not turn Aircraft X north because of the active [Military Airspace] and because of weather to the south the pilot refused to turn.Sector 23 should have Aircraft X head south of the weather instead of letting the aircraft get north of the weather. All other departures off MCO were vectored south of weather. Aircraft X was the only aircraft allowed to stay north of weather. When Sector 23 called and requested higher; they should have ensured that the pilot would be able to maintain a climb rate to clear the Military Airspace. Sector 23 should have never let Aircraft X continue eastbound once the aircraft advised he would be unable to climb fast enough. Sector 23 could have turned Aircraft X north clear of weather and before the [Active Military] airspace started. By the time they switched the aircraft to me; there was no options for vectors to miss the airspace. [There was] no way to contact the military to advise them of Aircraft X. We use to have pilots [advise ATC] and squawk 7700; but the 7110.65 changed and we were briefed to not have the pilot squawk emergency. My recommendations would be to allow aircraft to squawk emergency for these kinds of situations.


Second narrative: Aircraft X departed MCO and checked in climbing to FL140. I asked the pilot to say max climb rate and they said 1800 feet/minute. I instructed them to maintain their max climb rate and fly heading 070. Because of [Military Airspace] (FL240); I requested FL250 with R02; and R02 approved and took the handoff. I quickly shipped Aircraft X to R02 and R02 immediately called to request control of Aircraft X. I approved the request.Weather to the south of the aircraft impacted the situation. The aircraft may have lost minimum separation with [the Military Airspace].


Synopsis: Miami Center Controllers reported an aircraft that did not meet climb restrictions and entered an active military airspace.