27059234 - Florida Administrative Rules, Law, Code, Register

Florida Department of State and Division of Library and Information Services


Notice: 27059234
Notice of Meeting/Workshop Hearing

Division:	Bryant Miller Olive


Overview



	The Capital Trust Authority announces a hearing to which all persons are invited.

DATE AND TIME:	April 28, 2023 at 10:00 A.M. CST/11:00 A.M. EST

PLACE:	Telephonic conference, using the instructions provided herein.

Subject:	The Capital Trust Authority (the "CTA") has been requested by Southeastern University, Inc., a Florida not for profit corporation (the "Borrower"), and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), and/or one or more related and/or affiliated entities, to issue its Educational Facilities Revenue Refunding Bonds (Southeastern University, Inc. Project), in one or more series of tax-exempt qualified 501(c)(3) bonds or taxable bonds, in an aggregate principal amount not to exceed $83,000,000 (the "Bonds"). For the purposes of Section 147(f) of the Code, notice is hereby given that, in accordance with the Internal Revenue Service Revenue Procedure 2022-20, a telephonic public hearing will be held by a hearing officer on behalf of the CTA on April 28, 2023 at 10:00 A.M. CST/11:00 A.M. EST, or as soon thereafter as the matter may be heard, using the telephone conference instructions provided herein. The purpose of the hearing is to take public comments regarding the issuance of said Bonds by the CTA, the nature and location of the Project (hereinafter defined) and the plan of finance. The proceeds of the Bonds will be loaned to the Borrower by the CTA for the purpose of financing or refinancing, including through reimbursement, (i) the acquisition, development, construction and equipping of certain capital improvements to the Borrower's educational and athletic facilities, all of which are to be located at 1000 Longfellow Boulevard, Lakeland, Florida 33801 (collectively, the "New Facilities"); (ii) refinancing all of the (A) City of Lakeland, Florida Educational Facilities Revenue Refunding Bonds (Southeastern University, Inc. Project), Series 2013A, Series 2013B, and Series 2013C, each dated November 26, 2013; (B) City of Lakeland, Florida Educational Facilities Revenue Bonds (Southeastern University, Inc. Project), Series 2015, dated July 13, 2015; (C) Promissory Note, dated December 16, 2016, and Educational Facilities Revenue Refunding Note (Southeastern University, Inc. Project), Series 2017, dated June 16, 2017, each by the Borrower in favor of CenterState Bank of Florida, N.A., and (D) Promissory Note, dated May 22, 2020, by the Borrower in favor of CenterState Bank, N.A., the proceeds of which were used to finance or refinance, including through reimbursement, the acquisition, construction, renovation, improvement and equipping of certain educational facilities, more fully described below (collectively, the "Existing Facilities," together with the New Facilities, the "Facilities"), and to further certain of the Borrower’s not for profit educational purposes; (iii) funding a debt service reserve fund, if deemed necessary or desirable; and (iv) paying certain bond issuance costs of the Bonds (collectively, the "Project"). The Existing Facilities consist primarily of the following, all of which are located at 1000 Longfellow Boulevard, Lakeland, Florida 33801: (A) capital improvements to various campus buildings, various student dormitory facilities, campus road improvements, a student dining facility, a student recreational facility, an academic building, an administration building, a maintenance building, a swimming pool and a campus walkway; and (B) capital improvements to the Borrower's educational and athletic facilities, generally including, but not limited to (i) a new Administration and Athletics Operations Building, (ii) a new Live and Learn Facility, (iii) the Student Activities Center, and (iv) a new approximately 4-story, 400 space parking garage. The plan of finance contemplates that the CTA will issue, in respect to the Project, not exceeding $83,000,000 in aggregate principal amount of its Bonds, in one or more series of tax-exempt qualified 501(c)(3) bonds or taxable bonds, and loan the proceeds of the Bonds to the Borrower to provide funds for the Project. The Facilities will be owned by the Borrower, or an affiliate thereof or another entity chosen by the Borrower. The Bonds, when issued, will be special, limited obligations payable solely out of the revenues, income and receipts pledged to the payment thereof and derived from financing agreements with the Borrower, and none of the CTA, Polk County, Florida (the "County") or the State of Florida (the "State") will be obligated to pay the principal of, premium, if any, or interest on the Bonds except from the payments of the Borrower. The Bonds and the interest thereon shall never (i) pledge the taxing power of the County, the State or any other political subdivision, public agency or municipality thereof within the meaning of any constitutional or statutory provision, (ii) constitute the debt or indebtedness of the CTA, the County, the State or any other political subdivision, public agency or municipality thereof within the meaning of any constitutional or statutory provision, or (iii) pledge the full faith and credit of the CTA, the County, the State or any political subdivision, public agency or municipality thereof. CTA has no taxing power. Issuance of the Bonds is subject to several conditions including satisfactory documentation and receipt of necessary approvals for the financing. INTERESTED PERSONS ARE ENCOURAGED TO ATTEND BY TELEPHONE CONFERENCE USING THE INSTRUCTIONS BELOW. ANY PERSONS WISHING TO PRESENT ORAL COMMENTS IN PERSON MUST NOTIFY THE CTA BY WRITTEN NOTICE AT LEAST 24 HOURS BEFORE THE HEARING, IN ORDER THAT SOCIAL DISTANCING ACCOMMODATIONS MAY BE MADE FOR THOSE IN ATTENDANCE. PRIOR TO SAID TELEPHONIC PUBLIC HEARING, WRITTEN COMMENTS MAY BE DELIVERED TO THE CTA AT 315 FAIRPOINT DRIVE, GULF BREEZE, FLORIDA 32561, ATTENTION EXECUTIVE DIRECTOR. TELEPHONE CONFERENCE INSTRUCTIONS: TOLL FREE DIAL IN NUMBER: (800) 747-5150 CONFERENCE CODE: 6545833 At the date and time fixed for said telephonic public hearing all who appear in person or by telephone conference will be given an opportunity to express their views for or against the Project and the proposed approval of the issuance of said Bonds by the CTA and the plan of finance. All persons are advised that, if they decide to appeal any decision made with respect to the proposed approval of the issuance of said Bonds, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. All interested persons are invited to present their comments on the date and time set forth above. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, AS AMENDED, ALL PERSONS WHO ARE DISABLED AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS TELEPHONIC PUBLIC HEARING BECAUSE OF THAT DISABILITY SHOULD CONTACT THE HEARING OFFICER AT (850) 934-4046 AT LEAST 48 HOURS IN ADVANCE OF THE HEARING, EXCLUDING SATURDAY AND SUNDAY.


	A copy of the agenda may be obtained by contacting: The Hearing Officer At (850) 934-4046.

PRINT PUBLISH DATE:	4/21/2023 Vol. 49/78


REFERENCE MATERIALS:	No reference(s).

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Overview