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The Florida Bar and Subsidiaries
Financial Statements and
Supplemental
Information
June 30, 2010 and 2009
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The Florida
Bar
and
Subsidiaries
Table of Contents
June 30,2010 and 2009
IndependentAuditors Report
1 2
Management s Discussion and Analysis 3-7
Financial Statements
Consolidated Statements of Net Assets
8
Consolidated Statements of Revenues, Expenses, and Changes in Net Assets 9
Consolidated Statements of Cash Flows
10 -
11
Notes to Consolidated Financial Statements
12
- 27
Supplementary Information
Consolidating Statement of Net Assets as of June 30,2010. 28 - 29
Consolidating Statement of Revenues, Expenses and Changes
in Net Assets for the year ended June
30
2010 30
Consolidating Statement of Cash Flows for the year ended
June
30
2010. 31 - 32
General Fund Schedule of Budgeted and Actual Revenues and Expenses
for the year ended June 30 2010. 33 - 41
General Fund Reconciliation of Revenues and Expenses on a Budgetary Basis to
Totals Per the Consolidating Statement of Revenues, Expenses
and Changes in Net Assets for the year ended June
30
2010. 42
Clients Security Fund Schedule of Budgeted and Actual Revenues and
Expenses for the year ended June 30,2010. 43
Certification Fund Schedule of Budgeted and Actual Revenues and Expenses
for the year ended June
30
2010. 44
Sections Fund Schedule of Budgeted and Actual Revenues and Expenses for the
year ended June 30,2010. 45 - 46
Other Reports
Report on Internal Control Over Financial Reporting and On Compliance and
Other Matters Based on an Audit of Financial Statements Performed in
Accordance with
Government uditing Standards
47 -48
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Carr Riggs Ingram. U
1113
Mahan
Drive
Tallahassee. Fl32308
850) 878-8177
850) 878-2344 fax)
www.cncpa.com
Independent Auditors Report
Board of Governors
The Florida Bar
Tallahassee, Florida
We have audited the accompanying consolidated financial statements of the business
type activities of The Florida Bar and Subsidiaries (The Florida Bar) as of and for the
years ended June 30, 2010 and 2009, which comprise The Florida Bar s basic financial
statements as listed in the table of contents. These financial statements are the
responsibility o The Florida Bar s management. Our responsibility is to express
an
opinion
on
these financial statements based on our audits.
We conducted our audits in accordance with auditing standards generally accepted in the
United States of America and the standards applicable to financial audits contained in
Government Auditing Standards
issued by the Comptroller General of the United States.
Those standards require that we plan and perform the audit to obtain reasonable
assurance about whether the financial statements are free of material misstatement.
An
audit includes examining, on a test basis, evidence supporting the amounts and
disclosures in the financial statements. An audit also includes assessing the accounting
principles used and significant estimates made by management, as well as evaluating the
overall financial statement presentation. We believe that our audits provide a reasonable
basis for our opinion.
In
our opinion, the consolidated financial statements referred to above present fairly, in all
material respects, the financial position of the business-type activities of The Florida Bar
and Subsidiaries as of June 30, 2010 and 2009, and the changes in financial position and
cash flows thereof for the years then ended in conformity with accounting principles
generally accepted
in
the United States of America.
In
accordance with
Government Auditing Standards
we have also issued our report dated
November
3,
2010, on our consideration of The Florida Bar and Subsidiaries internal
control over financial reporting and on our tests
o
its compliance with certain provisions
o
laws, regulations, contracts, and grant agreements and other matters. The purpose of
that report is to describe the scope of our testing
o
internal control over financial reporting
and compliance and the results of that testing, and not to provide an opinion on the
internal control over financial reporting or on compliance. That report is an integral part of
an audit performed in accordance with Government Auditing Standards and should e
considered in assessing the results of our audit.
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Board
o
Governors
The Florida Bar
Page 2
The management s discussion and analysis on pages 3 through 7 is not a required part
o
the
basic financial statements but is supplementary information required by accounting principles
generally accepted in the United States
o
America. We have applied certain limited procedures,
which consisted principally
o
inquiries
o
management regarding the methods
o
measurement
and presentation
o
the required supplementary information. However, we did not audit the
information and express no opinion on it.
Our audits were performed for the purpose o forming an opinion on the consolidated financial
statements that collectively comprise The Florida Bar and Subsidiaries basic financial
statements. The supplementary information as listed in the table
o
contents, is presented for
the purposes o additional analysis and is not a required part o the basic consolidated financial
statements
o
The Florida Bar. Such information has been subjected to the auditing procedures
applied in the audit o the basic consolidated financial statements and, in our opinion, is fairly
stated in all material respects in relation to the basic consolidated financial statements taken as
a whole.
~ / ~ . J ~ / L .
Tallahassee, Florida
November 3 2010
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Management s
Discussion
and
Analysis
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The Florida Bar and Subsidiaries
Management s Discussion and Analysis
The Florida Bar is the statewide professional and regulatory organization for lawyers with more
than 89,000 members. Headquartered in Tallahassee, The Florida Bar is a unified state bar by
rule of the Supreme Court of Florida. Membership in The Florida Bar is a necessary component of
Supreme Court of Florida regulation
of
all lawyers licensed to practice law in Florida (Article IV
Section 15, Florida Constitution). The foundation for the organization is built on a philosophy of
equity and ethics. Through its programs and services, the Bar supports this philosophy with four
pillars that function as the mission
of
The Florida Bar: providing public service, protecting rights,
promoting professionalism and pursuing justice.
Overview
of
the Financial Statements
This annual report consists of three parts - management's discussion and analysis, the basic
consolidated financial statements, and an optional section that presents supplementary
information. The supplementary information includes consolidating statements and comparisons
of
actual results to budgeted results. The basic consolidated financial statements present the
consolidated financial position, results
of
operations, and cash flows
of
the Florida Bar and its
subsidiaries. The Florida Bar performs two overall activities as the statewide regulator
of
the
practice of law and the professional association
of
lawyers. Its activities are accounted for as a
proprietary type enterprise fund because it charges fees to provide its services similar to a
business enterprise.
The Statement
of
Net Assets includes all of The Florida Bar's assets and liabilities. The net assets
are the difference between The Florida Bar's assets and liabilities. The Statement of Revenues,
Expenses, and Changes in Net Assets include all of The Florida Bar's revenues and expenses
regardless
of
when the cash is received
or
paid. The change in net assets is one way to measure
The Florida Bar's financial health or position. A Statement of Cash Flows provides additional
information regarding the change in The Florida Bar's cash position.
Summary
of
Operations
The Florida Bar adopted the provisions
of
Governmental Accounting Standards Board (GASB)
Statement
No.
51, ccounting and Financial Reporting for Intangible ssets as
of
July
1
2009.
This statement requires all intangible assets to be capitalized in the statement
of
net assets. The
Florida Bar possessed software purchased from external sources that had not been previously
capitalized. Capital assets, operating expenses and net assets have been restated for all periods
presented to reflect the change in accounting from the adoption of this standard.
At June 30, 2010 and 2009, The Florida Bar had $64,135,939 and $55,270,769 (as restated),
respectively in total assets. f this amount $53,623,921 and $45,425,002 was held in cash and
investments and $7,564,589 and $7,226,645 (as restated) was invested in capital assets at June
30, 2010 and 2009, respectively. The primary liability
at
June 30, 2010 and 2009 was deferred
revenue
of
$10,981
981
and $7,670,851, respectively, resulting from advance collection
of
member
fees and prepayments for Continuing Legal Education registrations. Our net assets were
$44,428,657 and $39,248,358 (as restated) at June
30 2010
and 2009, respectively.
These amounts are in line with the prior year's balances after restatement given the current
changes in net assets. The original operating budgets for the General Fund (excluding the wholly
owned subsidiary and controlled entities) for the years ended June
30 2010
and 2009 approved by
the Florida Supreme Court, planned on an increase in net assets
of
$21,760 and $94,033,
respectively. After Board
of
Governor amendments, the planned increase became $1,484,740 and
See the Independent Auditors' Report.
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The Florida
Bar
and Subsidiaries
Management's Discussion and Analysis
1,287,840, respectively. General Fund actual operations resulted n a change n net assets of
6,489,783 and ( 1,527,857), respectively. The increase n net assets resulted primarily from the
effects of a more favorable investment climate during the past fiscal year and decreases n
operating costs of the various departments
of
The Florida Bar. Included
n
the supplemental
information s an actual to budget comparison for each department.
For the year ended June 30, 2010 and 2009, The Florida Bar's budget funded most departments at
a continuation level.
CONDENSED CONSOLIDATED FINANCIAL INFORMATION
CONDENSED CONSOLIDATED STATEMENTS OF NET ASSETS
2009
une
30
2010
(as restated)
Change
Assets
Current assets
54,878,359 46,351,133 8,527,226
Capital assets, net
7,564,589
7,226,645
337,944
Restricted assets 1,692,991 1,692,991
Total assets 64,135,939 55,270,769
8,865,170
Liabilities
Current liabilities 15,599,098 11,922,237 3,676,861
Other liabilities
4,108,184
4,100,174
8,010
Total liabilities
19,707,282
16,022,411
3,684,871
Net assets
Invested in capital assets, net
of
related debt
7,564,589
5,775,010
1,789,579
Restricted for scholarships
38,682
32,405
6,277
Unrestricted
36,825,386 33,440,943 3,384,443
Total net assets
44,428,657 39,248,358 5,180,299
Total liabilities and net assets
64,135,939 55,270,769
8,865,170
See the Independent Auditors' Report.
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The Florida
Bar
and Subsidiaries
Management s Discussion and Analysis
CONDENSED CONSOLIDATED STATEMENTS
OF
NET ASSETS
June
30
Assets
Current assets
Capital assets, net
Restricted assets
Total assets
2009
(as restated)
46,351,133
7,226,645
1,692,991
55,270,769
2008
(as restated)
54,867,164
7,053,053
61,920,217
Change
(8,516,031 )
173,592
1,692,991
(6,649,448)
Liabilities
Current liabilities
Other liabilities
Total liabilities
11,922,237
4,100,174
16,022,411
13,594,124
3,840,587
17,434,711
(1,671,887)
259,587
(1,412,300)
Net assets
Invested in capital assets, net of
related debt
Restricted for scholarships
Unrestricted
Total net assets
5,775,010
32,405
33,440,943
39,248,358
5,387,168
34,412
39,063,926
44,485,506
387,842
(2,007)
(5,622,983)
(5,237,148)
Total liabilities and net assets 55,270,769
61,920,217
(6,649,448)
For more detailed information, see the accompanying Consolidated Statements of Net Assets.
CONDENSED CONSOLIDATED STATEMENTS
OF
REVENUES, EXPENSES
ND
CHANGES IN
NET
ASSETS
2009
June 30
2010
(as restated)
Change
Operating revenues
41,356,998 41,102,989
254,009
Operating expenses
(40,021,048)
(41,761,770)
1,740,722
Net operating revenues
1,335,950 (658,781) 1,994,731
Non-operating revenues
3,844,349
3,844,349
Non-operating expenses
(4,578,366) 4,578,366
Net non-operating revenues
3,844,349 (4,578,366) 8,422,715
(Decrease) Increase in net assets
Net assets, beginning
5,180,299
39,248,358
(5,237,147)
44,485,506
10,417,446
(5,237,148)
Net assets, ending
44,428,657
39,248,359
5,180,298
See the Independent Auditors Report.
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The Florida Bar and Subsidiaries
Management's Discussion and Analysis
CONDENSED CONSOLIDATED STATEMENTS OF REVENUES, EXPENSES
AND CHANGES IN NET ASSETS
2009 2008
une 30
(as restated)
(as restated)
Change
Net operating revenues
Operating revenues
Operating expenses
(658,781)
41,102,989
(41,761,770)
786,536
40,560,544
(39,774,008)
(1,445,317)
542,445
(1,987,762)
Non-operating revenues
Non-operating expenses
Net non-operating revenues
(4,578,366)
(4,578,366)
1,320,375
(144,074)
1,176,301
(1,320,375)
(4,434,292)
(5,754,667)
(Decrease) Increase in net assets
Net assets, beginning
(5,237,147)
44,485,506
1,962,837
42,522,669
(7,199,984)
1,962,837
Net assets, ending
39,248,359 44,485,506 (5,237,147)
For more detailed information, see the accompanying Consolidated Statements
o
Revenues,
Expenses, and Changes in Net Assets.
CAPITAL ASSETS
The Florida Bar had invested the following n Capital Assets:
2009
une 30
2010
(as restated)
Change
Land
1,306,690
1,306,690
Building and improvements
9,615,208 9,630,046 (14,838)
Landscaping and parking
120,318 120,318
Equipment and furnishings
4,562,368
4,792,884
(230,516)
Software
1,231,757
491,534
740,223
Software in development
142,237 142,237
Construction in progress
60,763 6,243 54,520
Total, prior to depreciation
17,039,341 16,347,715 691,626
Accumulated depreciation
(9,474,752)
(9,121,070)
(353,682)
Net capital assets
7,564,589 7,226,645
337,944
See the Independent Auditors' Report.
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The Florida
ar
and
Subsidiaries
Management's Discussion and Analysis
CAPITAL ASSETS
2009
2008
une
3D
(as restated) (as restated)
Change
Land
1,306,690
Building and improvements
9,630,046
Landscaping and parking
120,318
Equipment and furnishings
4,792,884
Software
491,534
Construction n progress
6,243
Total, prior to depreciation
16,347,715
Accumulated depreciation (9,121,070)
Net capital assets 7,226,645
1,306,690
8,983,412 646,634
120,318
4,629,153
163,731
491,534
19,526
(13,283)
15,550,633
797,082
(8,497,580) (623,490)
7,053,053 173,592
Presently, The Florida Bar has no plans to significantly alter its investment in capital assets
other than to continue to add costs of developed software.
DEBT
At June 30, 2009, The Florida Bar had 1,451 ,635 outstanding in a mortgage loan. The
mortgage loan was paid off in October 2009.
Future Financial Plan
The Florida Bar was created by the Supreme Court of Florida to assist the Supreme Court in
regulating the practice of law in Florida. The Florida Bar is primarily funded through payments
by lawyers of their required annual fees, sales of continuing education programs to lawyers, and
other fees for regulation of attorneys or sales of legal related products and services. There is no
plan to materially change these revenue streams for the next two years. Accordingly, there are
no present plans to materially increase the scope
or
nature of the services provided to the
citizens of Florida and the lawyers authorized to serve them.
See the Independent Auditors' Report.
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inancial Statements
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The Florida ar and Subsidiaries
Consolidated Statements of Net Assets
une
30
Assets
2010
2009
(as restated)
Current assets
Cash and cash equivalents
Short-term investments
Accounts receivable, net
Prepaid expenses and other assets
16,539,915
37,084,006
678,105
576,333
13,910,031
31,514,971
567,166
358,965
Total current assets 54,878,359
46,351,133
Capital assets, net
Land
1,306,690
1,306,690
Buildings and improvements 9,615,208 9,630,046
Landscaping and parking
120,318
120,318
Equipment and furnishings
4,562,368
4,792,884
Software 1,231,757 491,534
Software development
n
progress
142,237
Construction n progress 60,763
6,243
Accumulated depreciation 9,474,752) (9,121,070)
Total capital assets, net 7,564,589 7,226,645
Restricted assets
Client Security Fund recovery receivable
1,692,991
1,692,991
Total assets
64,135,939 55,270,769
Liabilities and Net Assets
Current liabilities
Current portion
of long-term debt
-
1,451,635
Accounts payable
1,185,251
1,668,864
Client Security Fund claims payable
2,245,484 79,646
Accrued expenses
1,137,469 1,002,335
Deferred revenues
10,981,981 7,670,851
Security deposits
48,913 48,906
Total current liabilities 15,599,098 11,922,237
Non-current liabilities
Compensated absences payable
2,415,193
2,407,183
Deferred revenue for CSF recovery 1,692,991
1,692,991
Total non-current liabilities
4,108,184
4,100,174
Total liabilities
19,707,282
16,022,411
Net assets
Invested n capital assets, net
of
related debt
7,564,589 5,775,010
Restricted for scholarships
38,682 32,405
Unrestricted
36,825,386
33,440,943
Total net assets
44,428,657 39,248,358
Total liabilities and net assets
64,135,939 55,270,769
See accompanying notes to the consolidated financial statements.
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The Florida
ar
and
Subsidiaries
Consolidated Statements
of
Revenues, Expenses and Changes in Net Assets
2009
Years ended June 30
2010 as restated)
Operating revenues
Annual fees
22,559,757
22,035,716
Other fees from members 6,123,246
6,106,088
Sales of products and services 9,607,272
9,551,215
Advertising 1,807,323
2,084,265
Young lawyers 691,921
554,687
Grants and other
567,479
771,018
Total operating revenues
41,356,998
41,102,989
Operating expenses
Regulation
of
the practice of law
16,009,178
15,791,436
Cost of products and services provided to members
10,622,494
12,647,506
Unauthorized practice
of
law
1,396,252
1,383,724
Public service programs
3,298,382 2,896,958
Communications with members and the public
3,995,938 4,095,417
Administration
2,050,296
2,483,553
Legislation
428,137
657,496
Young lawyers
576,058
564,163
Depreciation
864,894
826,822
Other programs and costs
779,419
414,695
Total operating expenses
40,021,048 41,761,770
Operating income loss)
1,335,950
658,781)
Non-operating revenues expenses)
Investment earnings
3,925,155
4,442,728)
Interest expense
(35,855)
121,703)
Loss on disposal of capital assets
(44,951) 13,935)
Total non-operating revenues expenses)
3,844,349 4,578,366)
Change
in
net assets
5,180,299
5,237,147)
Total net assets, beginn ing of year
39,248,358
44,485,505
Total net assets, end of year
44,428,657 39,248,358
See accompanying notes to the consolidated financial statements.
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The Florida Bar and Subsidiaries
Consolidated Statements
of
Cash Flows
2009
Years ended une
30
2010
(as restated)
Cash
flows from operating activities:
Receipts from members, customers and other sources
47,352,268 38,769,936
Payments to employees, suppliers and other vendors
(40,343,225) (41,519,016)
Net cash provided by (used in) operating activities 7,009,043
(2,749,080)
Cash
flows
from
non-capital
and
related
financing activities:
Reduction
of
debt
(1,451,635) (214,251 )
Interest paid
(35,855) (121,703)
Net cash (used in) non-capital and related financing activities
(1,487,490) (335,954)
Cash
flows
from capital and related financing
activities:
Acquisition of capital assets
(1,247,789) (1,014,350)
Net cash (used in) capital and related financing activities
(1,247,789)
(1,014,350)
Cash
flows from investing activities:
Redemption of investments
Purchase
of
investments, net
of
change in fair value
Investment income
Net cash (used in) provided by investing activities
18,175,941
(23,744,976)
3,925,155
(1,643,880)
17,546,867
(9, 153,257)
(4,442,728)
3,950,882
Increase (decrease) in
cash
and cash
equivalents:
2,629,884
(148,502)
Cash and cash
equivalents beginning of
year 13,910,031
14,058,533
Cash and cash equivalents end
of year
16,539,915
13,910,031
See accompanying notes to the consolidated financial statements.
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The Florida ar and Subsidiaries
Consolidated Statements
of
Cash Flows Continued)
2009
Years ended June 30
2010
as restated)
Reconciliation
of
operating income loss)
to
net cash
provided by used in) operating activities:
Operating income loss)
Adjustments to reconcile operating income loss) to net cash
provided by used in) operating activities:
Depreciation
Increase) decrease in:
Accounts receivable, net
Prepaid expenses and other assets
Increase decrease) in:
Accounts payable
Claims payable
Accrued expenses
Deferred revenues
Security deposits
Compensated absenses payable
Net cash provided by used in) operating activit ies
1,335,950
864,894
(110,939)
(217,368)
(483,613)
2,165,838
135,134
3,311,130
7
8,010
7,009,043
658,781)
826,822
1,998,854)
279,782
263,744
285,174)
17,676)
1,177,484)
310
18,231
2,749,080)
Non-cash investing, capital, and financing acitivities
Change in the fair value
of
investments
Loss on disposal
of
assets
2,502,176
44,951
2,638,440)
13,935
Supplemental information
Cash paid for interest
35,855 121,703
See accompanying notes to the consolidated financial statements.
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The Florida Bar and
Subsidiaries
Notes to Consolidated Financial Statements
NOTE 1 - NATURE OF BUSINESS
The Florida Bar and Subsidiaries (The Florida Bar) is the statewide professional organization
of
lawyers. It serves as an advocate and intermediary for attorneys, the court and the public. The
Florida Bar was established as a unified state bar by rule of the Supreme Court
of
Florida. The
Florida Bar regulates lawyers
in
Florida, investigates the unauthorized practice
of
law, offers
continuing legal education, publishes law journals and offers other member services.
NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Reporting ntity
The Florida Bar is a unified state bar organized as an arm
of
the Supreme Court
of
the State of
Florida. It is considered a govemmental entity because it was established by and has the
potential to be dissolved by, the Supreme Court
of
Florida. Therefore, The Florida Bar adopted the
provisions
of
Statement No. 34 ("Statement No. 34")
of
the Governmental Accounting Standards
Board
IIBasic Financial Statements - and Management's Discussion and nalysis - for State and
Local
Governments,
as amended by Statement No. 37.
In
evaluating The Florida Bar as a reporting entity, management has considered all potential
component units for which The Florida Bar may be financially accountable and if found to be
financially accountable, be required to be included
in
The Florida
Bars
financial statements. The
Florida Bar is financially accountable if it appoints a voting majority
of
an organization's governing
board and (1) it is able to impose its will on an organization
or
(2) there is a potential for an
organization to provide specific financial benefit to
or
impose specific financial burden on The
Florida Bar. Additionally, The Florida Bar is required to consider other organizations for which the
nature and significance
of
their relationship with The Florida Bar are such that exclusion would
cause the reporting entity's 'financial statements to be misleading or incomplete. Management's
analysis has disclosed
no
component units that should be included
in
The Florida
Bars
financial
statements.
Basis
of
Presentation
The Florida Bar is accounted for as a proprietary type enterprise fund. Enterprise funds are used
to account for activities that are financed and operated in a manner similar to private business
enterprises: (1) where the costs of providing goods and services to the general public on a
continuing basis are to be financed through user charges; or (2) where the periodic determination
of
net income is considered appropriate. Proprietary funds distinguish operating revenues and
expenses from non-operating items. Operating revenues and expenses generally result from
providing goods and services
in
connection with a proprietary fund's ongoing operations.
Operating expenses for The Florida Bar include the costs
of
personnel, contractual services,
supplies, utilities, repairs and maintenance, and depreciation on capital assets. All revenues and
expenses not meeting this definition are reported as non-operating revenues and expenses.
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The Florida Bar and
Subsidiaries
Notes
to
Consolidated Financial Statements
NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)
asis
of
ccounting
Basis
of
accounting refers to when revenues and expenses are recognized in the accounts and
reported in the financial statements. These financial statements have been prepared on the
accrual basis
of
accounting in accordance with accounting principles generally accepted
n
the
United States
of
America. Under this method, revenues are recognized when they are eamed and
expenses are recognized when they are incurred. The measurement focus
of
proprietary fund
types is on a flow
of
economic resources method, which emphasizes the determination
of
net
income, financial position, and cash flow. All fund assets and liabilities, current and non-current,
are accounted for in the Consolidated Statements
of
Net Assets.
Cash and Cash Equivalents
All demand deposit accounts and short-term highly liquid investments with original maturities
of
three months
or
less are reported as cash equivalents.
Investments
Investments are reported at fair values, which are based on quoted market prices.
Capital
ssets
Capital assets are stated at cost less accumulated depreciation. The value of software developed
for The Florida Bar's use includes all direct and indirect costs that are related to development
activities. The cost
of
capital assets is depreciated over the estimated useful lives
of
the related
assets, ranging from 5 to 40 years, using the straight-line method. When capital assets are retired
or
otherwise disposed of, the costs and related accumulated depreciation are removed from the
accounts and any resulting gain or loss is reflected in the Consolidated Statements of Revenues,
Expenses and Changes in Net Assets, in the period
of
disposal.
Claims Payable
The Florida Bar voluntarily created the Clients' Security Fund (the Fund) to provide possible
compensation to people who have suffered financial losses due to misappropriation
of
funds by
errant Florida Bar members. The Fund is financed by $25
of
the annual fees due from each
Florida Bar member who is in good-standing (including inactive members). Claims payable
represent amounts that have been approved for payment from the Fund.
Deferred Revenues
Deferred revenues consist primarily of membership fees collected in advance, prepaid advertising
and prepaid legal education courses.
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The Florida Bar and
Subsidiaries
Notes to Consolidated Financial Statements
NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)
Derivative Financial Instruments
The Florida Bar follows the provisions of Governmental Accounting Standards Board (GASB)
Technical Bulletin No. 2003-1, Disclosure Requirements for Derivatives Not Reported at Fair Value
on the Statement of Net Assets, an amendment to GASB Technical Bulletin 94-1. GASB Technical
Bulletin
No
2003-1 provides an updated definition
of
derivatives and requires certain disclosures
regarding the government's objective for entering into derivative transactions and the derivative's
terms, fair value, and risk exposures.
llocation
of
Expenses
The costs
of
providing the various programs, services, and other activities have been summarized
on a functional basis in the Consolidated Statement
of
Revenues, Expenses and Changes in Net
Assets. Accordingly, certain costs have been allocated among the programs and supporting
services benefited.
Principles ofConsolidation
The accompanying consolidated financial statements include the accounts
of
The Florida Bar and
its wholly-owned subsidiary, The Florida Bar Building Corporation, and its other controlled entities,
Florida Lawyers Association for the Maintenance
of
Excellence, Inc., and The Florida Attorneys
Charitable Trust. All significant intercompany transactions and accounts have been eliminated in
consolidation.
Income Taxes
The Florida Bar is an administrative agency
of
the Supreme Court and is not subject to federal
or
state income tax. The Florida Bar Building Corporation, Florida Lawyers Association for the
Maintenance
of
Excellence, Inc., and The Florida Attorneys Charitable Trust have been granted
exemption from federal and state income taxes except on unrelated business income under
Sections 501 (c)(25), 501 (c)(6), and 501 (c)(3), respectively, of the Internal Revenue Code.
Estimates
The preparation of financial statements in conformity with accounting principles generally accepted
in the United States
of
America requires management to make estimates and assumptions that
affect the reported amounts of assets and liabilities and disclosure of contingent assets and
liabilities at the date of the financial statements and the reported amounts of revenues and
expenses during the reporting period. Actual results could differ from those estimates.
Concentration
The Florida Bar receives the majority
of
its revenue from lawyers licensed to practice in the State of
Florida.
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The Florida Bar and
Subsidiaries
Notes to Consolidated Financial Statements
NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)
Net Assets
Net assets are categorized as invested
in
capital assets, restricted for scholarships, and
undesignated. Invested
in
capital assets is intended to reflect the portion
of
net assets that are
associated with non-liquid, capital assets. Restricted for scholarships consists
of
monies restricted
for the annual G. Kirk Haas fund scholarships. Undesignated assets consist
of
all other assets not
included
in
the previous categories.
Subsequent Events
Subsequent events have been evaluated through the date
of
the auditors' report.
Adoption
of
Pronouncement
As
of
July
1,
2009, The Florida Bar adopted the provisions
of
GASB Statement No. 51,
The
Accounting nd Financial Reporting for Intangible Assets
This statement provides the accounting
and reporting requirements for intangible assets. Intangible assets owned by The Florida Bar
include purchased licensed computer software from external sources and internally developed
computer software.
As
a result
of
the adoption
of
GASB No. 51, The Florida Bar restated the prior
year balances to reflect the capitalization
of
purchased licensed computer software and the
applicable accumulated depreciation and depreciation expense. The Florida Bar did not have the
records available to record an adjustment for internally developed computer software developed
in
prior years. GASB No.
51
allows The Florida Bar to account for internally developed software on a
prospective basis.
The following table summarizes the balances as previously reported and the adjustments made to
reflect the adoption
of
GASB No. 51:
2009
2009
as
previously
reported)
Adjustments
(as restated)
Software
491,534 491,534
Accumulated depreciation
8,777,343) 343,727)
9,121 ,070)
Depreciation expense 771,679
55,143
826,822
Net
assets, beginning of
year 44,282,555 202,950
44,485,505
Net
assets, end
of year
39,100,551 147,807
39,248,358
NOTE 3 - CASH AND CASH EQUIVALENTS
Cash and cash equivalents are subject to custodial credit risk. Custodial credit risk is the risk that
in
the event
of
a bank or other counterparty failure, The Florida Bar's cash and cash equivalents
may not be returned. The Florida Bar's policy with respect to custodial credit risk is that The Florida
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The Florida
Bar
and Subsidiaries
Notes
to
Consolidated Financial Statements
NOTE 3 - CASH AND CASH EQUIVALENTS (CONTINUED)
Bar will only maintain demand deposit accounts with financial institutions in which management
believes the risk to
be
limited because the financial institutions are large with strong financial
positions.
Cash and cash equivalents are held at two financial institutions. Operating cash is insured by the
Federal Deposit Insurance Corporation (FDIC) up to $250,000. Operating
a1sh
balances were
$6,095,443 and $4,818,643 at June
30
2010 and 2009, respectively. Additional cash and money
market funds are held at a financial institution insured by the Securities Investor Protection
Corporation up to $100,000. Additional cash and money market funds were $10,444,472 and
$9,091,388 at June 30 2010 and 2009, respectively.
NOTE 4 - INVESTMENTS
Investment Objectives
nd
Policies
Investments will be made for the sole interest and exclusive purpose of providing investment
returns for The Florida Bar. The Florida Bar's investment objectives and policies are achieved
through a short-term account portfolio and a long-term account portfolio. The ultimate
responsibility for the proper supervision of The Florida Bar's investment portfolio rests with the
Board of Governors and the Investment Committee.
The purpose of the short-term portfolio is to provide for The Florida Bar's short-term working
capital needs. The short-term portfolio possesses a short-term time horizon (one to three years)
and within this horizon, the primary objectives
of
the short-term portfolio are to preserve capital
for short-term cash flow needs, provide liquidity, and to achieve attractive short-term yields
consistent with the preservation
of
capital.
The purpose of the long-term investment portfolio
is
to provide for The Florida Bar's operating
needs and to fund The Florida Bar's programs both today and into the future. The long-term
portfolio possesses an intermediate to long-term horizon (five to seven years) and within this
horizon, the primary objectives of the long-term portfolio are to provide long-term growth of
capital and income.
The asset allocation guidelines with regard to acceptable asset classes, the overall target asset
mix, and the representative indices of each asset class were as follows as
of
June 30, 2010:
Short Term
Target Representative
Asset Classes Minimum
Mix Maximum Index
Short-Term Fixed income
35.0% 50.0%
65.0% Barday 's Intermediate Government Credit Index
Cash and Equivalents 35.0% 50.0%
65.0% Citigroup gO-Day U.S. Treasury Bills
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The Florida Bar and Subsidiaries
Notes to Consolidated Financial Statements
NOTE 4 - INVESTMENTS (CONTINUED)
Long-Term
Asset Classes Minimum
Target
Mix
Maximum
Representative
Index
Large Cap Equity
20.0 26.0
Standard & Poor's 500 Index
Mid Cap Equity 3.0
o
k 6.0
9.0
Russell Mid Cap Index
Small Cap Equity 3.0%
6.0
o
k 9.0
Russell 2000 Small Cap Index
International Equity
9.8k
14.0 18.2 MSCI EAFE Index
Emerging Markets Equity
0.0%
2.0
o
k 5.0
MSCI Emerging Markets Free Index
Real Assets
0.0
2.0
o
k 5.0
o
k
Dow Jones AIG Commodity Index
REITs
O ook
3.0%
6.0
NAREIT Equity Index
TIPS
0.0 3.0
o
k 6.0
Barclay's Treasury US TIPS Index
Fixed income
28.00 40.00
o
k 52.00
o
k
Barclay's Intermediate Govemment Credit Index
Cash and Equivalents 2.0 4.0 10.0
Citigroup 90-Day U.S. Treasury Bills
Subsequent to June 30, 2010, the target asset mix and asset mix restrictions were revised to
allow a more global perspective and to increase diversification.
Investments
At June 30, The Florida Bar's investment balances were as follows:
2010
2009
June 30 FairValu8 Maturity Rating Fair Value
Mutual funds - debt securities (ST) *
8,177,376
2 year average **
Ba to Aaa
5,533,187
US Treasuries 3,117,964
9 year average**
Aaa
1,839,013
Federal Agencies 2,339,271
14 year average**
Aaa
2,292,022
Corporate Bonds &Other Fixed Income
4,518,691
12 year average** Baa3 to Aaa
4,846,233
Municipal Bonds
1,112,604
10 year average** Baa1 to Aaa 1,428,541
US Treasury Bonds
1 year average ** Aaa
1,499,775
Mutual funds - equity securities
3,217,164
N A
N A
3,042,304
Stocks
14,600,936 N A
N A
11,033,896
Total investments 37,084,006
31,514,971
* The Florida Bar invests
n
short-term mutual funds, which consist of debt securities (Le. fixed income securities).
The Florida Bar's short-term mutual funds are not invested directly in fixed income debt securities. The Florida Bar
s
able to sell their interest n these mutual funds at will (SUbject to potential redemption fees).
** Represents the weighted average maturity
of
debt securities held by The Florida Bar.
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The Florida Bar and Subsidiaries
Notes to Consolidated Financial Statements
NOTE 4 - INVESTMENTS (CONTINUED)
The Florida Bar investment securities are exposed to various risks, such as interest rate, market
conditions, and credit risks. Due to the level of risk associated with certain investment
securities, it is at least reasonably possible that changes in the value of investment securities
will occur in the near term and that such changes could materially affect investment balances.
redit Risk
Investments in fixed income debt securities through mutual funds must adhere to the policy of
meeting
an
average quality rating of A or higher for the long-term portfolio and AA or higher for
the short-term portfolio by either Standard & Poor's, Moody's or Fitch Investors Service at the
time of purchase. Investments
in
corporate holdings must
be
rated investment grade or better
by
either Standard & Poor's, Moody's or Fitch Investors Service at the time of purchase. The
Florida Bar's Investment Committee must approve continuing to hold any downgraded
investments.
oncentration
o
redit Risk
Investments in equity securities are subject to a maximum
50 0
commitment at cost and
100/0
weighting at market of the account's total market value for any individual security or single
issuer. Investments in fixed income securities are subject to no more than 50 0 of the account's
market value invested in a single issue (at cost) or in direct obligations of a single issuer (at
market) with the exception of the U.S. Government and its agencies so long as any such
government or agency issue shall
be
backed with the full faith and credit of the U.S.
Government. In addition,
no
more than
15
of the fixed income securities may be invested in
mortgage backed or asset backed securities of a single issuer, with the exception of those
issued
by
the U.S. Government, its agencies, or its sponsored agencies.
Interest Rate Risk
Interest rate risk arises from investments in debt instruments and is defined as the risk that
changes in interest rates will adversely affect the fair value of an investment. The Florida Bar's
investment
in
U.S. Treasuries, federal agencies, corporate bonds, municipal bonds and U.S.
Treasury bonds are directly subject to the interest rate risk of debt instruments. The Florida Bar
is not directly subject to the interest rate risk for its short-term debt instruments, as investments
in these debt securities are entered into through mutual funds and The Florida Bar is able to sell
their interest in these mutual funds at will (subject to potential redemption fees). Additionally,
The Florida Bar has elected to participate
in
mutual funds with target durations of one to two
years (low duration funds). However, investments
in
mutual funds are with the understanding
that the investment policies stated in the mutual fund's prospectus supersedes the guidelines
established by The Florida Bar.
ustodial redit Risk
Custodial credit risk is the risk that in the event of the failure of the custodial entity, The Florida
Bar's deposits may not be returned to
it.
The Florida Bar's policy
is
that it will only hold
investment securities that are insured or registered and held by The Florida Bar or its
designated agent, in the name of The Florida Bar. Investments held through its agent, Morgan
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The Florida Bar and
Subsidiaries
Notes to Consolidated Financial Statements
NOTE 4 - INVESTMENTS (CONTINUED)
Stanley Smith Barney, LLC have Securities Investor Protection Corporation (SIPC) coverage up
to $500,000 per customer for cash and securities. Morgan Stanley Smith Barney, LLC also has
purchased "Excess SIPC" protection above the SIPC limits. This excess coverage is subject to
a firmwide cap for Morgan Stanley
of
1 billion with no per-client limit for securities and a $1.9
million per-client limit for the cash portion of any remaining shortfall. Investments in PIMCO
mutual funds are held by a third party trust company.
Foreign Currency Risk
Investments in international equity securities are limited to SEC-Registered, U.S. exchange
listed, U.S. dollar-denominated securities
in
foreign domiciled issuers. Investments
in
international debt securities are limited to SEe-registered,
U.S.
dollar-denominated,
U.S.
government backed securities issued by foreign governments. The Florida Bar invests in
international securities through American Depository Receipts (ADRs). ADRs represent
investments
in
shares of foreign companies traded on the U.S. financial markets and are
denominated in U.S. dollars and, thus, are not exposed to foreign currency risk. Investments
in
foreign currency-denominated government bonds, any type of foreign corporate bond, or any
other type of foreign currency are not allovved. Securities of foreign companies traded on
foreign stock exchanges may be purchased only with the written permission of The Florida Bar's
Investment Committee. Additionally, the investment policy approves the use of mutual funds,
which may include foreign securities, with the understanding that the investment policies stated
in the mutual fund's prospectus supersede the guidelines set forth in The Florida Bar's
investment policy.
Derivative Instruments
As of June
30,
2010, the Florida Bar's investment policy states that investments
in
options,
derivatives and financial futures are prohibited in separately managed accounts. Additionally,
the investment policy approves the use of mutual funds, which may include derivative
instruments, with the understanding that the investment policies stated in the mutual fund's
prospectus supersede the guidelines set forth in The Florida Bar's investment policy.
Subsequent to June 30, 2010, the investment policy was modified to allow investments in
Exchange Traded Funds (ETFs) and other alternative investments not previously allovved such
as hedge funds and managed futures.
NOTE 5 - ACCOUNTS RECEIVABLE, NET
The following is a summary of accounts receivable, net:
June 30
2010 2009
Accounts receivable
703,005
592,066
Allowance for doubtful accounts
(24,900)
(24,900)
Accounts receivable, net
678,105
567,166
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The Florida Bar and
Subsidiaries
Notes
to
Consolidated Financial Statements
Depreciation expense for the years ended June 30, 2010 and 2009 was 864,894 and
826,822, respectively.
NOTE 7 - LONG-TERM LIABILITIES
Compensated
bsences
Payable
Compensated absences payable consisted of the following:
June 30 2010
2009
Accrued vacation
1,447,838 1,479,665
Accrued sick leave
967,355
927,518
Total compensated absences
2,415,193
2,407,183
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The Florida Bar and
Subsidiaries
Notes to Consolidated Financial Statements
NOTE 7 - LONG-TERM LIABILITIES (CONTINUED)
Long-Term Debt
The following is a summary of long-term debt:
June 30 2010
2009
Renewal mortgage note payable to Bank of America
in
the amount
of $2,986,384 due on October 15, 2009. Monthly payments of
principal began on November 15, 1999 at $9,383 with annual
increases of $723 per month each November 15th based
on a 15
year amortization with a balloon payment of $1,396,760 at maturity.
Interest was payable monthly based on a contract rate equal to the
London Interbank Offering Rate (LIBOR) plus 47 basis points.
However, the interest rate was swapped in a hedge transaction.
See Note 8 below. The mortgage was collateralized by real estate
owned by The Florida Bar Building Corporation and guaranteed by
The Florida Bar.
- $ 1,451,635
Current portion
(1,451,635)
Long-term debt, less current portion
-
Changes
n
Long-Term Liabilities
Changes in long-term liabilities are summarized as follows:
Long-term debt
Compensated absences
Deferred revenue for
CSF
recovery
Total long-term liabilities
Balance
July 1, 2009
$ 1,451,635
2,407,183
1,692,991
$ 5,551,809
Additions
$ -
1,642,916
$1,642,916
Reductions
$ (1,451,635)
(1,634,906)
$ (3,086,541)
Balance
une
30, 2010
$
2,415,193
1,692,991
4,108,184
NOTE 8 - DERIVATIVE DISCLOSURE - INTEREST RATE
SWAP
Objective
of
the interest rate
swap_
In October 1999, The Florida Bar refinanced
an 8.5
fixed rate mortgage to a variable rate mortgage based on the LIBOR rate plus .47%. To
manage its interest rate exposure under the variable rate renewal mortgage note payable to
Bank of America, The Florida Bar entered into a hedge transaction on October 13, 1999 to swap
its floating rate for a fixed rate through a 120 month interest rate swap provided by Bank of
America.
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The Florida Bar and Subsidiaries
Notes to Consolidated Financial Statements
NOTE 8 - DERIVATIVE DISCLOSURE INTEREST RATE
SWAP
(CONTINUED)
Terms.
The swap was for the notional amount
of
2,986,384 which was equal to the principal
amount
of
the underlying variable rate debt. The notional amount declined each year as the
principal amount
of
the associated debt declined. The swap was entered into at the same time
that the debt was refinanced (October 1999). Under the swap, The Florida Bar paid the Bank
of
America a contracted interest rate
of
30-day LIBOR plus
470/0
and received a payment from
Bank of America based on the coupon rate of the swap which was 6.97%. The net effect
of
the
two contractual rates was an effective fixed rate
of 7 440/0
The swap matured on October 15,
2009 and was an effective hedge for The Florida Bar.
NOTE 9 - REVENUE
AND
EXPENSE CLASSIFICATION
The significant revenue and expense accounts presented in the consolidated financial
statements are described as follows:
Other ees from Members
Includes revenues from members other than annual fees such as advertising approval fees,
certification fees and section dues.
Sales ofProducts andServices
Includes revenues from sources such as Continuing Legal Education (CLE) registrations, sales
of
publications and meeting revenues.
Grants and Other
Includes grants received from The Florida Bar Foundation, cost recoveries from discipline
cases, rents received in The Bar Center Building Fund and other sources
of
revenue.
Regulation of the Practice ofLaw
Includes expenses incurred for Lawyer Regulation, Lawyer Advertising, Ethics, Continuing Legal
Education Rules (CLER), Membership Records and Certification.
Cost ofProducts and Services Provided to Members
Includes expenses such as the cost
of
CLE courses and publications, Legal Office Management
Advisory Services (LOMAS), voluntary member assistance programs, meetings, committee
activity and section activity.
ommunication with Members and
the
Public
Includes the expenses
of
the Public Information Department and The Florida Bar Journal and
News
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The Florida Bar and
Subsidiaries
Notes to Consolidated Financial Statements
NOTE 9 - REVENUE AND EXPENSE CLASSIFICATION (CONTINUED)
dministration
Includes board and officer expenses, the cost
of
the Executive Director's office, General
Counsel, Research, Planning and Evaluation, and liability and property insurance.
NOTE 10 - RETIREMENT PLANS
The Florida Bar sponsors a defined contribution pension plan, The Florida Bar Employees'
Pension Plan (the Plan), which is available to all salaried personnel having completed six
months
of
service. The Plan is administered by The Florida Bar Retirement Committee. The
Plan may be amended at any time by The Florida Bar. Employer contributions are discretionary
and are currently made for all eligible employees employed on December 31 based on a
formula which was 15 and 13k of covered compensation for the years ended June 30
20010
and 2009, respectively, and 4 3k on covered compensation exceeding
800/0 of
the Social
Security wage base for the years ended June 30 2010 and 2009. The employer contributions
are allocated to separate participant accounts and invested by the Trustee
in
the funds selected
by the employee from those offered by the Plan Administrator. Participant accounts vest based
on the following schedule:
Less than 3 years
00/0
3 - 4 years
40
4 - 5 years 60
0
k
5 6 years 800/0
greater than 6 years
1000/0
Forfeited contributions are held in a separate account and are used to reduce future employer
contributions. The plan has been amended to comply with all applicable Federal tax laws. The
pension contribution made equaled the contribution required during the years ended June 30
2010 and 2009 for the Plan years ended December 31 2009 and 2008 and was $2,133,962
and $1,925,958 , respectively.
The Florida Bar also has a deferred compensation plan. The plan is for the benefit of all eligible
employees who elect to participate.
NOTE
11
- RETIREE POSTEMPLOYMENT HEALTH BENEFITS
Plan Description
The Florida Bar Retiree Health Plan (TFBRHP) is a single-employer defined
benefit healthcare plan administered by The Florida Bar. TFBRHP provides health insurance
benefits to eligible employees at early retirement, disability
or
full retirement. The Florida Bar
has the authority to establish and amend benefit provisions to TFBRHP. TFBRHP issues a
stand-alone financial report that includes the financial statements and required disclosures.
This report may be obtained by writing to The Florida Bar, 651 East Jefferson Street,
Tallahassee, Florida 32399-2300.
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The Florida Bar and Subsidiaries
Notes
to
Consolidated Financial Statements
NOTE 11 - RETIREE POSTEMPLOYMENT HEALTH BENEFITS (CONTINUED)
Funding Policy. TFBRHP
is funded through contributions
made by The
Florida Bar.
The
contribution requirements are established and
may
be amended
by The
Florida Bar. Currently,
there are no required contributions by active
or
retired employees. The required contribution
from the Florida Bar is based on an actuarially determined percentage of total active payroll. For
fiscal years ended June
30,2010
and 2009, The Florida Bar contributed 268,980 and 52,700,
respectively, to the plan.
Annual OPEB Cost and Net OPEB Obligation. The
Florida Bar's annual
other
postemployment
bene'fit (OPEB)
cost
(expense) is calculated based on the annual required contribution
of
the
employer ARC), an amount actuarially determined in accordance with the parameters of GASB
Statement 45. The ARC represents a level of funding that, if paid on an ongoing basis, is
projected to cover normal cost each year and amortize any unfunded actuarial liabilities
or
funding excess)
over
a period not
to
exceed thirty years. Based on the January 1, 2010,
actuarial valuation, the
ARC
is
0.58
of
active payroll payable
for
the calendar years 2010
through 2011. The following table shows the components
of The
Florida
Bars
annual
OPEB
cost
for
the year, the amount actually contributed to the plan, and changes in The Florida Bar's
net OPEB obligation to TFBRHP:
Annual required contribution
69,265
Interest on net OPES obligation
Adjustments to annual required contribution
199,716
Annual OPES cost (expense) 268,981
Net OPES obligation - July
1,
2009
Annual OPES cost (expense) for 2010 268,981
Contributions made during FY 2010
(268,981)
Net OPES obligation - June 30, 2010
The Florida Bar's annual OPEB cost, the percentage of annual OPEB cost contributed to the
plan, and the net
OPEB
obligation
for 2009
and the preceding two years were as follows:
Annual
Percentage of Annual OPEB
Cost
NetOPEB
Fiscal Year Ended OPEB
Cost
Contribtued
Obligation
6/30/2008 58,733 110.27k (6,033)
6/30/2009
58,733
9 k
6/30/2010 268,980
100%
-
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The Florida Bar and Subsidiaries
Notes to Consolidated Financial Statements
NOTE
11
- RETIREE POSTEMPLOYMENT HEALTH BENEFITS (CONTINUED)
Funded Status and Funding Progress
As of
January
1,
2010, the most recent actuarial
valuation date, the plan was
820/0
funded. The actuarial accrued liability for benefits was
calculated to be 1,584,797 and the actuarial value of the assets was 1,293,906, resulting in a
funding deficit
of
290,891. The covered payroll (annual payroll
of
active employees covered by
the plan) was 14,557,008, and the ratio
of
the UAAL to the covered payroll was
2.000/0.
Actuarial valuations
of
an ongoing plan involve estimates
of
the value
of
reported amounts and
assumptions about the probability of occurrence
of
events far into the future. Examples include
assumptions about future employment, mortality, and the healthcare cost trend. Amounts
determined regarding the funded status of the plan and the annual required contributions of the
employer are subject to continual revision as actual results are compared with past expectations
and new estimates are made about the future.
Actuarial Methods and Assumptions Projections of benefits for financial reporting purposes are
based on the substantive plan (the plan as understood by the employer and the plan members)
and include the types of benefits provided at the time of each valuation and the historical pattern
of
sharing
of
benefit costs between the employer and plan members to that point. The actuarial
methods and assumptions used include techniques that are designed to reduce the effects
of
short-term volatility in actuarial accrued liabilities and the actuarial value
of
assets, consistent
with the long-term perspective of the calculations.
In the January
1,
2010 actuarial valuation, the projected unit credit actuarial cost method was
used. The actuarial assumptions included a 7.500/0 investment rate of return, which is the rate of
the expected long-term investment returns on plan assets and an annual healthcare cost trend
rate
of 100/0
initially, reduced by decrements to an ultimate rate
of 50/0
in the year 2016 and
beyond. Both rates included a 3 inflation assumption. As of the January
1,
2010 actuarial
valuation, TFBRHP had plan assets
in
trust solely to provide benefits to retirees and their
beneficiaries. The UAAL is being amortized as a level percentage of projected payroll on an
open basis. The remaining amortization period at January 1, 2010 was 30 years.
REQUIRED SUPPLEMENTARY INFORMATION
Schedule of
unding
Progress
Actuarial Value
Projected
AAL
Funded Covered
of
Covered
Valuation
of
Assets Unit Credit
(UAAL) Ratio Payroll
Payroll
Date
(a) (b)
b
a)
(alb) (c)
(b a) I c)
1/1/06
-
1,203,784 1,203,784 0.000/0 12,946,872
9.30
1/1/08 1,288,476
1,216,209 (72,267)
105.94
14,296,752
-0.51 %
1/1/10 1,293,906
1,584,797 290,891
81.64
14,557,008
2.00
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The Florida Bar and Subsidiaries
Notes
to
Consolidated Financial Statements
NOTE
2
- LEASES
The Florida Bar is the lessee
of
office space under operating leases expiring in various years
through the year 2018, with escalation clauses.
The Florida Bar leases office space from its wholly-owned subsidiary, The Florida Bar Building
Corporation. The intercompany rental income and rental expense have been eliminated in
consolidation.
Future minimum rental payments are as follows:
Years ending June 30
Amount
2 11 628,178
2012
692,742
2013 714,702
2014 737,079
2015 760,227
Thereafter
1,532,195
Total minimum future rental payments 5,065,123
Total rental expense for the fiscal year ended June 30, 2010 and 2009 was 794,110 and
882,953, respectively.
The Florida Bar is also the lessor of certain office space in a building owned by The Florida Bar.
The space is rented to unrelated entities under operating leases expiring in various years
through the year 2014. Rental income for the fiscal years ended June 30, 2010 and 2009 was
272,966 and 268,967, respectively.
Future minimum rental receipts are as follows:
Years ending June 30
Amount
2011
279,790
2012
286,784
2013
293,818
2014
73,894
Total minimum future rental receipts
934,286
NOTE
3
- CONTINGENCIES
The Florida Bar is involved in several actions
as
defendant and/or co-defendant. The majority
of the actions are expected to be settled with little
or
no financial impact to The Florida Bar. An
accurate assessment of any significant liability is not determinable although management
of
The
Florida Bar believes that the possibility
of
any significant liability arising from current litigation is
extremely remote.
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The Florida
Bar
and Subsidiaries
Notes to Consolidated Financial Statements
NOTE
14
- COMMITMENTS
The Florida Bar has contracted with various hotels or convention centers to reserve facilities,
rooms, and food and beverage services for various meetings and seminars to
be
held through
fiscal year 2015. If The Florida Bar should choose to cancel the contracts, liquidating damages
would be due to the hotels or convention centers. Generally, liquidating damages are
graduated based on the time between cancellation and the scheduled arrival date of the
meeting and are calculated based on a percentage of anticipated revenues by the particular
hotel or convention center.
The following is a schedule
of
estimated liquidating damages that The Florida Bar would incur
should they cancel all the contracts as of June 30 2010:
Estimated
liquidating
Event
damages
Annual
Meeting
$
157,324
Board
of
Governors Meetings
106,702
Mid-Year Meetings
144,203
Section Meetings
1,360,596
Continuing
Legal
Education
Seminars
21,896
Total commitment
1,790,721
NOTE 15 - DESIGNATED FUND BALANCES
The Florida Bar has designated certain net assets to be used for specific program purposes. As
of June
30
2010 and 2009, the designated net assets were $12,645,267 and $12,751 ,829,
respectively.
NOTE 16 - RISK MANAGEMENT PROGRAMS
The Florida Bar is exposed to various risks of loss related to torts; theft of damage to, and
destruction of assets; errors and omissions; injuries to employees; and natural disasters.
Workers' compensation, property, and general liability coverage are provided through
commercial insurance carriers. Management continuously reviews the limits of coverage and
believes that current coverage is adequate. There were no significant reductions in insurance
coverage from the previous year.
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upplementary
nformation
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33/54
The
Florida
Bar and
Subsidiaries
Consolidating Statement of Net ssets
Clients
General
Bar Center Security Certification Sections Eliminating
Total
June 30 2 1 Fund
Fund Fund Fund Fund Entries
All Funds
Assets
Current assets
Cash and cash equivalents
15,342,782 1,197,133
-
-
-
-
16,539,915
Short-term investments
37,084,006
- - - - -
37,084,006
Accounts receivable, net
713,171
-
- -
-
(35,066) 678,105
Due from other funds
-
3,527,156
6,400,684 782,439 4,319,746 (15,030,025)
Prepaid expenses and other assets
599,863
1,587
- - -
(25,117) 576,333
Total current assets
53,739,822
4,725,876 6,400,684 782,439 4,319,746 (15,090,208) 54,878,359
Capital assets, net
Land
-
1,306,690
- - -
-
1,306,690
Buildings and improvements
-
9,615,208
- -
-
-
9,615,208
Landscaping and parking
-
120,318
-
-
- -
120,318
Equipment and furnishings
-
4,562,368
- - - -
4,562,368
Software
-
1,231,757
-
- - -
1,231,757
Software development
n
process
142,237
-
- -
-
-
142,237
Construction
n
progress
-
60,763
- -
-
-
60,763
Accumulated depreciation
-
(9,474,752)
- - -
-
(9,474,752)
Total capital assets, net 142,237 7,422,352
- - - -
7,564,589
Restricted assets
CSF Recovery Receivable
-
-
1,692,991
- - -
1,692,991
Investment n The Florida Bar
Building Corporation
1,611,647
-
-
- -
(1,611,647)
Total restricted assets
1,611,647
-
1,692,991
- -
(1,611,647)
1,692,991
Total assets
55,493,706
12,148,228 8,093,675 782,439 4,319,746 (16,701,855) 64, 135,939
See Independent Auditors Report.
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The Florida Bar and Subsidiaries
Consolidating Statement of Net Assets
(Continued)
Clients'
General Bar Center Security Certification Sections Eliminating Total
June 3 2 1
Fund Fund
Fund
Fund Fund
Entries
All Funds
Liabilities and Net Assets
Current liabilities
Accounts payable
Claims payable
Accrued expenses
Due to other funds
Deferred revenues
Security deposits
Total current liabilities
1,155,930
1,186,381
14,981,113
10,981,981
28,305,405
74,030
64,387
138,417
-
2,245,484
2,245,484
(35,066)
(48,912)
(14,981,113)
(25,117)
(15,090,208)
1,185,251
2,245,484
1,137,469
10,981,981
48,913
15,599,098
Total non-current liablities
Non-current liabilities
Compensated absences payable
Deferred revenue for CSF recovery
2,415,193
2,415,193
1,692,991
1,692,991
2,415,193
1,692,991
4,108,184
Total liabilities
30,720,598 138,417 3,938,475
(15,090,208) 19,707,282
Net assets
Invested in capital assets, net of related debt
142,237 7,422,352
7,564,589
Restricted for scholarships
38,682 38,682
Unrestricted
Designated 412,070
2,975,812 4,155,200 782,439 4,319,746 12,645,267
Undesignated 24,180,119
24,180,119
Contributed capital - 1,611,647 - - - (1,611,647)
Total net assets 24,773,108 12,009,811 4,155,200 782,439 4,319,746 (1,611,647)
44,428,657
Total liabilities nd net assets
55,493,706 12,148,228 8,093,675 782,439 4,319,746 (16,701,855) 64,135,939
See Independent Auditors' Report.
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The Florida
Bar
and Subsidiaries
Consolidating Statement of Revenues, Expenses and Changes in Net Assets
Clients'
General Bar Center Security Certification
Sections Eliminating Total
Year ended une
30 2010 Fund Fund Fund Fund Fund Entries
All Funds
Operating revenues
Annual fees 22,559,757
22,559,757
Other fees from members 3,682,484 1,203,021 1,237,741 6,123,246
Sales of products and services 7,366,033 8,379 2,232,860 9,607,272
Advertising 1,807,323 1,807,323
Young lawyers 691,921 691,921
Grants and other 352,236 1,050,689 26,613 - - (862,059) 567,479
Total operating revenues 36,459,754 1,050,689 26,613 1,211,400 3,470,601 (862,059) 41,356,998
Operating expenses
Regulation of the practice of law 15,079,840 1,287,374 (358,036)
16.009,178
Cost of products and services provided to members 7,806,058 3,001,772 (185,336) 10,622,494
Unauthorized practice of law 1,430,209
(33,957)
1,396,252
Public service programs 693,228 2,621,613 (16,459) 3,298,382
Communication with members and the public 4,093,119 (97,181)
3,995,938
Administration 2,100,160
(49,864)
2,050,296
Legislation 438,549 (10,412) 428,137
Young lawyers 590,068 (14,010) 576,058
Depreciation and amortization - 864 ,894
864,894
Other programs and costs 525,141 351,082 - - - (96,804)
779,419
Total operating expenses 32,756,372 1,215,976 2,621,613 1,287,374 3,001,772 (862.059) 40,021,048
Operating Income (loss) 3,703,382 (165,287) (2,595,000) (75,974) 468,829 1,335,950
Non-operatlng revenues (expenses)
Investment earnings 2,786,401 399,762 343,770 50,326 344,896 - 3,925,155
Interest expense - (35,855) - - - - (35,855)
Loss
o
disposal of capital assets - (44,951) - - - - (44,951)
Total non-operating revenues 2,786,401 318,956 343,770 50,326 344,896 - 3,844,349
Change In net assets
6,489,783 153,669 (2,251,230) (25,648) 813,725 5,180,299
Net assets, beginning of year
21,104,122 11,156,970
4,284,805
808,087 3,506,021 (1,611,647) 39,248,358
Transfers (to) from other funds (2,820,797) 699,172
2,121,625
Net assets, end
of
year
24 n3 108 12,009,811
4,155,200 782,439 4,319,746
44,428,657
See Independent Auditors' Report.
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The Florida
ar
and Subsidiaries
Consolidating Statement of Cash Flows
Clients'
General Bar Center Security Certification Sections Eliminating Total
Year ended une 30,2010
Fund Fund Fund Fund Fund Entries All Funds
Cash flows from operating activities:
Receipts from members, customers and other sources 39,604,649 3,094,301 26,613 1,211,400 3,470,601 (55,296) 47,352,268
Payments to employees, suppliers and other vendors
(34,559,294) (391,621) (370,383) (1,261,726) (3,815,497) 55,296 (40,343,225)
Net cash provided by (used in) operating activities
5,045,355 2,702,680 (343,770) (50,326) (344,896) - 7,009,043
Cash flows from non-capital and related financing activities:
Reduction
of
debt -
(1,451,635) - - - - 1
A51,635
Interest paid - (35,855) - - - - (35,855)
Net cash (used in) non-capital and related financing
activities -
1 A87,490) - - - - 1 A87,490)
Cash flows from capital and related financing activities:
Acquisition
of
capital assets
(142,237) (1,105,552) - - - - (1,247,789)
Net cash (used in) capital and related financing activities
(142,237) (1,105,552) - - - - (1,247,789)
Cash flows from investing activities:
Redemption of investments
18,175,941 - - - - - 18,175,941
Purchase of investments, net of change in fair value (23,744,976) - - - - - (23,744,976)
Investment income 2,786,401 399,762 343,770 50,326 344,896 - 3,925,155
Net cash (used in) provided by investing activities
(2,782,634) 399,762 343,770 50,326 344,896 - (1,643,880)
Increase in cash and cash equivalents
2,120,484 509,400 2,629,884
Cash and cash equivalents, beginning of year
13,222,298
687,733
13,910,031
Cash and cash equivalents, end of year
15,342,7 82 1,197,133 16,539,915
See Independent Auditors' Report.
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The Florida ar and Subsidiaries
Consolidating Statement
of
Cash
Flows
(Continued)
Year ended une 30 2010
General
Fund
Bar Center
Fund
Clients'
Security
Fund
Certification
Fund
Sections
Fund
Eliminating
Entries
Total
All Funds
Reconciliation of operating income (loss) to net cash provided
by
(used in) operating activities:
Operating income (loss)
3,703,382
Adjustments to reconcile operating income (loss) to
net cash provided by (used in) operating activities
Depreciation
Transfers (to) from other funds
(2,820,797)
(Increase) decrease in
Accounts receivable, net
(166,235)
Due from other funds
Prepaid expense and other assets
(215,781)
Increase (decrease) in
Accounts payable (1,669,314)
Claims payable
Accrued expenses 184,046
Deferred revenues
3,311,130
Security deposits
Due to other funds 2,710,914
Compensated absences payable 8,010
(165,287) (2,595,000)
(75,974) 468,829
1,335,950
(38,959)
7
864,894
699,172
1,344,440
(1,587)
2,165,838
2,121,625
(2,036,233)
25,648
(813,725)
(48,912)
1,224,660
55,296
1,479,870
(2,710,914)
8,010
(110,939)
864,894
(217,368)
(483,613)
2,165,838
135,134
3,311,130
7
Net cash provided by (used in) operating activities 5,045,355 2,702,680 (343,770) (50,326) (344,896) 7,009,043
Non-eash investing, capital and financing activiti es:
Change in the fair value
of
investments 2,502,176
2,502,176
Loss on disposal
of
assets - 44,951 44,951
Supplemental information:
Cash paid for interest
35,855 35,855
See Independent Auditors' Report.
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The Florida Bar and Subsidiaries
General Fund Schedule o Budgeted and ctual Revenues and Expenses
Variance
Favorable
Year ended June 30 2010
Actual
Budgeted
(Unfavorable)
Revenues - budgetary basis
Annual fees
Investments
Authorized house counsel
Lawyer regulation
Florida registered paralegal program
Professional enhancement program
Division director - ethics, UPL and professionalism
Unlicensed practice
of
law
Ethics
Lawyer advertising
Professionalism
Multijurisdictional practice
Meetings and conventions
Addressing services
Continuing legal education program
Continuing legal education rule
Course approval center
Public service programs
Foreign legal consultants
Law office management advisory services
Member benefits program
Legal publications
Section administration
Young lawyers division
Committtee expenses
Public information
Journal
ews
Directory
Building and grounds
Other revenue
G
Kirk Haas Fund (restricted revenue)
Total revenues - budgetary basis
22,559,757
2,781,582
267,448
653,531
572,370
84,861
11,277
536,785
56,855
602,250
530,397
198,156
3,707,451
647,795
132,624
660,313
10,035
149,162
739,052
841,656
773,953
691,921
8,867
73,112
527,049
1,154,989
125,285
84,337
1,463
5,651
39,189,984
22,777,945
(218,188)
680,000
2,101,582
283,500
(16,052)
730,600
(77,069)
642,000
(69,630)
113,525
(28,664)
199
(199)
2,560
8,717
50
(50)
507,950 28,835
52,429
4,426
525,000
77,250
553,422
(23,025)
175,000 23,156
4,160,952
(453,501)
559,018
88,777
158,720
(26,096)
800,925
(140,612)
9,625
410
167,381
(18,219)
612,263 126,789
922,680 (81,024)
781,971
(8,018)
605,207
86,714
9,000
(133)
134,313
(61,201 )
615,837
(88,788)
1,489,936
(334,947)
133,137
(7,852)
68,900
15,437
10,000
(8,537)
1,000 4,651
38,285,045 904,939
See Independent Auditors Report.
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39/54
The Florida Bar and Subsidiaries
General Fund Schedule
o
Budgeted and Actua l Revenues and Expenses
(Continued)
Variance
Favorable
Year ended June 30 2010
Actual
Budgeted (Unfavorable)
Expenses - budgetary basis
General administration
Staff and office expense
Travel
Internal service and administration
Other operating expenses
746,808
50,245
3,467
27,710
Total general administration 828,230
Legislation
Staff and office expense
Contract services
Travel
Internal service and administration
Other operating expenses
Total legislation
102,178
258,226
1,841
52,481
1,132
415,858
Authorized house counsel
Staff and office expense 7,570
Internal service and administration
988
Other operating expenses
1,380
Total authorized house counsel
9,938
899,746 152,938
63,591
13,346
2,798 (669)
33,654
5,944
999,789 7 ,559
224,203
(12,663)
28,083 845
19,980 5,934
480,991
99,954
753,257 94,070
Board and officer
Staff and office expense
Travel
Internal service and administration
Other operating expenses
Total board and officer
236,866
27,238
14,046
381,037
659,1