Subject:
Title
Appointment of Members to Brevard County Educational Facilities Authority Board
End
Fiscal Impact:
None.
Dept/Office:
County Attorney’s Office
Requested Action:
Recommendation
It is requested that the Board of County Commissioners approve the appointment of five members to the Brevard County Educational Facilities Authority governing body for the following terms:
Mr. Dale Dettmer, Esq. for one year to expire on October 22, 2025.
Mr. Bill Potter, Esq. for two years to expire on October 22, 2026.
Ms. Kirsten Dreggors for three years to expire on October 22, 2027.
Mr. Travis Proctor for four years to expire on October 22, 2028.
Dr. John Nicklow for five years to expire on October 22, 2029.
End
Summary Explanation and Background:
The Brevard County Educational Facilities Authority (“BCEFA”) is a dependent special district established by Brevard County in 1969 pursuant to Chapter 243, Part 1, Florida Statutes (the “Higher Educational Facilities Authorities Law”), to assist institutions of higher education in the construction, financing and refinancing of educational facilities projects. Pursuant to the Higher Educational Facilities Authorities Law, BCEFA has the power to construct, reconstruct, maintain, repair, and lease any construction project for the benefit of an institution of higher education and to issue revenue bonds and make loans to any participating institution. In addition, BCEFA has the power to mortgage any project, and acquire real property.
In 1969 and 1970, as part of two agreements with Florida Institute of Technology, Inc. (“FIT”), BCEFA agreed to issue revenue bonds to finance construction projects for FIT on the leased premises. The agreements indicated that FIT was to convey the real property where the construction was to occur to BCEFA, and BCEFA was in turn to lease the same real property back to FIT. FIT’s lease payments would service the bond debt. The agreements contemplated that once the bonds issued by BCEFA were paid off and retired, BCEFA would convey the subject properties back to FIT. Apparently, the bonds were fully paid off and retired in 2019. However, the conveyance of these properties from BCEFA to FIT never occurred.
It appears that the Board of County Commissioners has not appointed any new members to the governing board of BCEFA for at least a decade. Presently, there are no active members. For BCEFA to convey the subject properties back to FIT as agreed, and to clear related title issues, the governing board of the BCEFA needs to be reconstituted. It is requested that Brevard County Board of County Commissioners appoint new members to the governing board of the BCEFA to facilitate the conveyance of these properties to FIT and to perform such other duties and responsibilities as may be necessary and appropriate. The newly appointed governing board should assess whether BCEFA has any other outstanding responsibilities or obligations, and report back to the County as to whether the BCEFA should wind up its affairs and be dissolved if there is no purpose for its continued existence.
Clerk to the Board Instructions: None.