2011-2010 june 30 florida bar financial statement
TRANSCRIPT
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The Florida Bar and Subsidiaries
Financial Statements and
Supplemental
Information
June
30, 2011
and
2010
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Carr
Ritga
I .r_.
UC
1713
Mahan
Drive
Tallahassee.
L 32308
850) 878-8777
850) 878-2344 (fax)
www.cricpa.com
Independent Auditors Report
Board of Governors
The Florida Bar
Tallahassee, Florida
e
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,
2011
and 2010, which comprise The Florida Bar s basic financial
statements as listed in the table of contents. These financial statements are the
responsibility of The Florida Bar s management. Our responsibility is to express an
opinion on these financial statements based on our audits.
e 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, 2011 and 2010, 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 9, 2011, on our consideration of The Florida Bar and Subsidiaries internal
control over financial reporting and on our tests
of
its compliance with certain provisions
of
laws, regulations, contracts, and grant agreements and other matters. The purpose
of
that report is to describe the scope
of
our testing
of
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 be
considered in assessing the results
of
our audit.
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Board of Governors
The Florida Bar
Page 2
Accounting principles generally accepted in the United States of America require that the
management s discussion and analysis on pages 3 through 7 be presented to supplement the
basic financial statements. Such information, although not a part of the basic financial
statements, is required
by
the Governmental Accounting Standards Board, who considers it to
be an essential part o financial reporting for placing the basic financial statements in an
appropriate operational, economic, or historical context. We have applied certain limited
procedures to the required supplementary information in accordance with auditing standards
generally accepted in the United States o America, which consisted of inquiries o management
about the methods of preparing the information and comparing the information for consistency
with management s responses to our inquiries, the basic financial statements, and other
knowledge we obtained during our audit of the basic financial statements. We do not express an
opinion or provide any assurance on the information because the limited procedures do not
provide us with sufficient evidence to express an opinion or provide any assurance.
Our audits were conducted for the purpose of 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 of contents, is presented for
the purposes of additional analysis and is not a required part of the basic consolidated financial
statements of The Florida Bar. Such information is the responsibility
o
management and was
derived from and relates directly to the underlying accounting and other records used to prepare
the financial statements. The information has been subjected to the auditing procedures
applied in the audit of the basic consolidated financial statements and certain additional
procedures, including comparing and reconciling such information directly to the underlying
accounting and other records used to prepare the financial statements or to the financial
statements themselves, and other additional procedures in accordance with auditing standards
generally accepted in the United States of America. In our opinion, the information is fairly
stated in all material respects in relation to the financial statements as a whole.
L ~ ~ I-- C
~ ~ r r ~
November 9
2011
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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 91,000 members. Headquartered in Tallahassee, The Florida Bar
is
a unified state bar by
rule
o
the Supreme Court
o
Florida. Membership in The Florida Bar is a necessary component
o
Supreme Court
o
Florida regulation
o
all lawyers licensed to practice law
in
Florida (Article IV
Section 15, Florida Constitution). The foundation for the organization is built on a philosophy
o
equity and ethics. Through its programs and services, the Bar supports this philosophy with four
pillars that function as the mission o The Florida Bar: providing public service, protecting rights,
promoting professionalism and pursuing justice.
Overview
o
the Financial Statements
This annual report consists
o
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
o
actual results to budgeted results. The basic consolidated financial statements present the
consolidated financial position, results of operations, and cash flows
o
the Florida Bar and its
subsidiaries. The Florida Bar performs tvv overall activities as the statewide regulator
o
the
practice
o
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 o
Net Assets includes all
o
The Florida Bar's assets and liabilities. The net assets
are the difference between The Florida Bar's assets and liabilities. The Statement o Revenues,
Expenses, and Changes in Net Assets include all
o
The Florida Bar's revenues and expenses
regardless o 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
o
Cash Flows provides additional
information regarding the change in The Florida Bar's cash position.
Summary
o
Operations
At June 30 2011 and 2010, The Florida Bar had 71,075,955 and 64,135,939, respectively in
total assets. f this amount 60,432,750 and 53,623,921 was held in cash and investments and
9,555,406 and 7,564,589 was invested in capital assets at June 30, 2011 and 2010,
respectively. The primary liability at June 30,
2011
and 2010 was deferred revenue
o
11,375,450
and 10,981,981, respectively, resulting from advance collection
o
member fees and prepayments
for Continuing Legal Education registrations. Our net assets were 51,783,307 and 44,428,657
at June 30,2011 and 2010, respectively.
These amounts are in line with the prior year's balances 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, 2011 and 2010 approved by the Florida Supreme
Court, planned on an increase
in
net assets
o
340,381 and 21,760, respectively. After Board
o
Governor amendments, the planned decrease became ( 1,128,194) and ( 636,885), respectively.
See the Independent Auditors' Report.
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The Florida ar and Subsidiaries
Management's Discussion and Analysis
General Fund actual operations resulted in a change in net assets of 8,481,783 and 6,489,783,
respectively. The increase in net assets for both years resulted primarily from the effects of a
favorable investment climate. Included in the supplemental information is an actual to budget
comparison for each department.
For the year ended June 30,
2011
and 2010, The Florida Bar's budget funded most departments at
a continuation level.
CONDENSED CONSOLIDATED FINANCIAL INFORMATION
CONDENSED CONSOUDATED STATEMENTS
OF NET
ASSETS
June 30 2011
2010
Change
Assets
Current assets
61,520,549 54,878,359 6,642,190
Capital assets, net
9,555,406
7,564,589 1,990,817
Restricted assets
1,692,991 (1,692,991 )
Total assets
71,075,955 64,135,939
6,940,016
Liabilities
Current liabilities
16,975,110
15,599,098
1,376,012
Other liabilities
2,317,538 4,108,184 1 ,790,646)
Total liabilities
19,292,648
19,707,282
(414,634)
Net assets
Invested in capital assets, net of related debt
9,555,406
7,564,589 1,990,817
Restricted for scholarships
45,921 38,682
7,239
Unrestricted
42,181,980 36,825,386
5,356,594
Total net assets
51,783,307 44,428,657
7,354,650
Total liabilities and net assets
71,075,955
64,135,939
6,940,016
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
une
30
2010 2009 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
For more detailed information, see the accompanying Consolidated Statements of Net Assets.
CONDENSED CONSOLIDATED STATEMENTS OF REVENUES, EXPENSES
ND
CHANGES IN
NET
ASSETS
une 30
2011
2010 Change
Operating revenues
42,477,814 4 ,356,998
1,120,816
Operating expenses
(40,982,582) (40,021,048)
(961,534)
Net operating revenues
1,495,232 1,335,950 159,282
Non-operating revenues
5,917,596
3,925,155
1,992,441
Non-operating expenses
(58,178) (80,806) 22,628
Net non-operating revenues
5,859,418
3,844,349
2,015,069
(Decrease) Increase in net assets
7,354,650
5,180,299 2,174,351
Net assets, beginning
44,428,657 39,248,358
5,180,299
Net assets, ending
51,783,307 44,428,657 7,354,650
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 N T ASSETS
une 3D
2010 2009
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
3,925,155 3,925,155
Non-operating expenses
(80,806) (4,578,366) 4,497,560
Net non-operating revenues 3,844,349
(4,578,366) 8,422,715
(Decrease) Increase in net assets
5,180,299 (5,237,147)
10,417,446
Net assets, beginning
39,248,358
44,485,506
(5,237,148)
Net assets, ending $
44,428,657 $ 39,248,359 $
5,180,298
For more detailed information, see the accompanying Consolidated Statements
of
Revenues,
Expenses, and Changes in Net Assets.
CAPITAL ASSETS
The Florida Bar had invested the following in Capital Assets:
une
3D
2011
2010 Change
Land
1,306,690
$ 1,306,690
$
Building and improvements
10,728,573
9,615,208
1,113,365
Landscaping and parking
120,318 120,318
Equipment and furnishings
4,684,035
4,562,368
121,667
Software
1,680,573
1,231,757
448,816
Software in development
817,692 142,237
675,455
Construction in progress
14,683 60,763 (46,080)
Total, prior to depreciation
19,352,564 17,039,341 2,313,223
Accumulated depreciation
(9,797,158)
(9,474,752)
(322,406)
Net capital assets
9,555,406
$
7,564,589
$
1,990,817
See the Independent Auditors' Report.
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The Florida Bar and Subsidiaries
Management s Discussion and Analysis
CAPITAL
ASSETS
une 3D
2010 2009
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 n
development 142,237
142,237
Construction
n
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
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.
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 Bar and Subsidiaries
Consolidated Statements of Net Assets
une 30
Assets
2011
2010
Current assets
Cash and cash equivalents
Short-term investments
Accounts receivable, net
Prepaid expenses and
other
assets
Total current assets
14,502,362
45,930,388
494,844
592,955
61,520,549
16,539,915
37,084,006
678,105
576,333
54,878,359
Capital assets, net
Land
Buildings and improvements
Landscaping and parking
Equipment and furnishings
Software
Software development in progress
Construction in progress
Accumulated depreciation
Total capital assets, net
1,306,690
10,728,573
120,318
4,684,035
1,680,573
817,692
14,683
9,797,158)
9,555,406
1,306,690
9,615,208
120,318
4,562,368
1,231,757
142,237
60,763
(9,474,752)
7,564,589
Restricted assets
Client Security Fund recovery receivable
1,692,991
Total assets
71,075,955 64,135,939
Liabilities and Net Assets
Current liabilities
Accounts payable
Client Security Fund claims payable
Accrued expenses
Deferred revenues
Security deposits
Total current liabilities
1,745,073
2,568,189
1,237,482
11,375,450
48,916
16,975,110
1,185,251
2,245,484
1,137,469
10,981,981
48,913
15,599,098
Non-current liabilities
Compensated absences payable
Deferred revenue for CSF recovery
Total non-current liabilities
2,317,538
2,317,538
2,415,193
1,692,991
4,108,184
Total liabilities
19,292,648
19,707,282
Net assets
Invested in capital assets, net
of
related
de t
Restricted for scholarships
Unrestricted
Total net assets
9,555,406
45,921
42,181,980
51,783,307
7,564,589
38,682
36,825,386
44,428,657
Total liabilities and net assets
71,075,955
64,135,939
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
Years ended June 30 2011
2010
Operating revenues
Annual fees
23,094,112
22,559,757
Other fees from members 6,253,705
6,123,246
Sales
of
products and services
9,512,668
9,607,272
Advertising 1,730,692
1,807,323
Young lawyers 903,972
691,921
Grants and other 982,665
567,479
Total operating revenues
42,477,814
41,356,998
Operating expenses
Regulation
of
the practice
of
law
Cost
of
products and services provided to members
Unauthorized practice
of
law
Public service programs
Communications with members and the public
Administration
Legislation
Young lawyers
Depreciation and amortization
Other programs and costs
Total operating expenses
16,534,580
10,218,814
1,440,549
3,609,484
3,589,399
2,407,751
720,736
685,739
931,560
843,970
40,982,582
16,009,178
10,622,494
1,396,252
3,298,382
3,995,938
2,050,296
428,137
576,058
864,894
779,419
40,021,048
Operating income
1,495,232
1,335,950
Non-operating revenues expenses)
Investment earnings
Interest expense
Loss on disposal of capital assets
Total non-operating revenues expenses)
5,917,596
(58,178)
5,859,418
3,925,155
35,855)
44,951 )
3,844,349
Change in net assets 7,354,650
5,180,299
Total net assets, beginning of year
44,428,657
39,248,358
Total net assets, end of year
51,783,307
44,428,657
See accompanying notes to the consolidated financial statements.
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The Florida ar and Subsidiaries
Consolidated Statements
of
Cash Flows
Years ended une
30
2011 2010
Cash flows from operating activities:
Receipts from members, customers and other sources
Payments to employees, suppliers and other vendors
Net cash provided by operating activities
43,098,254
39,230,201 )
3,868,053
47,352,268
(40,343,225)
7,009,043
Cash
flows from
non-capital and related financing activities:
Reduction of debt
Interest paid
Net cash (used in) non-capital and related financing activities
(1,451,635)
(35,855)
(1,487,490)
Cash flows
from
capital and related
financing
activities:
Acquisition
of
capital assets
Net cash (used in) capital and related financing activities
2,976,820)
2,976,820)
(1,247,789)
(1,247,789)
Cash flows from investing activities:
Redemption of investments
Purchase of investments
Investment income, net
Net cash (used in) investing activities
29,550,168
35,476,755)
2,997,801
2,928,786)
18,175,941
(23,744,976)
3,925,155
(1,643,880)
(Decrease) increase in cash and cash equivalents:
2,037,553)
2,629,884
Cash and cash equivalents, beginning of year
16,539,915
13,910,031
Cash and cash equivalents, end of year 14,502,362
16,539,915
See accompanying notes to the consolidated financial statements.
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The Florida
ar
and Subsidiaries
Consolidated Statements of Cash Flows Continued)
Years ended June 30
2011
2010
Reconciliation
of
operating income
to
net cash
provided y operating activities:
Operating income
1,495,232
1,335,950
Adjustments to reconcile operating income to net cash
provided by operating activities:
Depreciation and amortization 931,560
864,894
Increase) decrease in:
Accounts receivable, net
179,526
110,939)
Prepaid expenses and other assets (16,622) 217,368)
CSF recovery receivable
1,692,991
Increase decrease) in:
Accounts payable
559,822
483,613)
Claims payable
322,705 2,165,838
Accrued expenses
100,013
135,134
Deferred revenues
393,469
3,311,130
Deferred revenues - CSF recovery
(1,692,991)
Security deposits
3 7
Compensated absenses payable
(97,655)
8,010
Net cash provided by operating activities
3,868,053 7,009,043
Non-cash investing, capital, and financing acitivities
Chan e in the fair value
of
investments
2,294,078
2,502,176
Loss on disposal
of
assets
58,178
44,951
Supplemental information
Cash paid
for
interest
-
35,855
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 Entity
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 (GASB) IIBasic Financial Statements - and Management's Discussion nd Analysis - 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 Bar's 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 Bar's financial
statements.
Basis ofPresentation
The Florida Bar is accounted for as a proprietary type enterprise fund. The Florida Bar applies all
applicable pronouncements of the Financial Accounting Standards Board (FASB) issued on or
before November 30 1989 that are not in conflict with applicable GASB pronouncements.
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 in 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. Fair values for securities traded on national or intemational
exchanges or over-the-counter are valued at quoted market prices. Fair values of securities not
traded on an exchange or over-the-counter are estimated based on the net asset values provided
by the investee calculated in accordance with FASB Topic 946.
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)
llocation ofExpenses
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.
Net ssets
Net assets are categorized as invested in capital assets, restricted for scholarships, and
undesignated. Invested in capital assets is intended to re flect 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.
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.
The Florida Bar and Subsidiaries
Notes to Consolidated Financial Statements
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
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 three financial institutions. The operating cash balance held
in demand deposit accounts was 6,054,449 and additional cash and money market funds was
8,447,913 at June
30 2011.
Operating cash in the amount
of
5,804,686 was insured by the
Federal Deposit Insurance Corporation (FDIC) as of June 30, 2 11 and 249,763 was uninsured.
The additional cash and money market funds are held at a financial institution insured by the
Securities Investor Protection Corporation (SIPC). The SIPC provides up to 250,000 in coverage
for uninvested cash balances as
of
June 30,2011.
NOTE 4 - INVESTMENTS
nvestment Objectives nd Policies
Investments are 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.
Investment guidelines for both portfolios are defined by written Investment Policies (the Policies)
approved by the Florida Bar's Board
of
Governors. The Policies establish diversified investment
strategies, both by types
of
investment and by manager, minimum credit qualities, and duration
limits. An Investment Committee has oversight, within Policy limits, to implement and direct the
investment strategies. The policies are reviewed at least annually
for
any adjustments required
due to changes
or
developments within the investment markets that may provide enhanced
investment and/or risk management opportunities, and recommendations for changes are
submitted for approval by the Board
of
Governors.
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 are to preserve capital and provide liquidity for
short-term cash flow needs and to achieve attractive short-term yields consistent with
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 are to provide long-term growth
of
capital and income. The
secondary objectives are high current income and liquidity.
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.
The Florida
Bar
and Subsidiaries
Notes
to
Consolidated Financial Statements
NOTE 4 - INVESTMENTS (CONTINUED)
Investment Objectives nd Policies
The Policies require the risk adjusted returns
of
an investment over a full market cycle to rank in
the top
500/0 of
universal comparisons with similar objectives and the investment should
outperform the target policy index. The Policies establish asset allocation guidelines with regard
to acceptable asset classes and prohibited investments, the overall targeted asset mix, and the
representative indices for each asset class. The asset allocation guidelines as compared to
actual investment balances were as follows as of June 30, 2011 :
Short Term
Target Representative
Asset
Classes
Minimum
Mix
Maximum Actual
Index
Short-Term Fixed income
35.00/0 50.00/0 65.00/0 60.00/0
Barclay's Capital Intermediate Government/Credit Bond Index
Cash and
Equivalents
35.00/0 50.00/0 65.00/0
40.0
0
Citigroup
U.S. gO-Day
Treasury
Bills Index
Long Term
Target
Representative
Asset Classes
Minimum
Mix
Maximum Actual
Index
U.S. Large Cap Equity 9.0% 14.0% 19.0%
19.0%
Standard
Poo(s
500 Index
U.S. Mid Cap Equity
0.0% 2.0%
7.0%
3.0%
Russell
Mid Cap
Index
U.S.
Sma
Cap
Equity
0.0% 2.0% 7.0%
3.0%
RusseH 2000 Index
International Equity
10.0% 15.0% 20.0% 11.0%
MSCI EAFE Index
Inri SmaU Cap Equity
0.0%
2.0% 7.0%
2.0%
MSCI EAFE Small Cap Index
Emerging
Markets Equity
0.0% 5.0% 10.0% 9.0% MSCI Emerging Markets
ndex
Commodities 0.0% 3.0%
8.0%
6.0%
Dow Jones
UBS Commodity Index
RElTs
0.0% 3.0% 8.0% 4.0%
NAREIT Equity
Index
or Dow Jones
Global
Seled REIT
Inflation-linked Securities
0.0%
3.0%
8.0% 4.0%
Barclays
Capital
U.S. TIPS
Index
Emerging
Market
Fixed
Income
0.0% 3.0%
8.0% 3.0%
JP Morgan Emerging Markets Bond Index
U.S. Fixed Income
20.3% 29.0%
37.7%
21.0%
Barclay's Capital Intermediate
GovtlCredit
Bond Index
U.S. High Yield Fixed
Income
0.00% 4.00% 9.00% 5.00%
Barclay's Capital U.S. Corporate High Yield Index
Hedge Funds
0.00%
6.00% 9.00%
5.00%
HFRI
Conservative Index
or Hedge
Fund of
Funds
Index
Managed
Futures 0.00% 4.00% 7.00% 4.00% Barclay's CTA Index
Cash
Equivalents 0.0% 5.0% 10.0% 1.0%
Citigroup U.S. 9O Day Treasury Bills
Performance and compliance reports are submitted to the Investment Committee quarterly. The
Florida Bar employs an investment consultant who provides performance and compliance
reporting at both the portfolio level and by individual investment manager.
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The Florida Bar and Subsidiaries
Notes
to
Consolidated Financial Statements
NOTE 4 - INVESTMENTS (CONTINUED)
Investments
At June 30, The Florida Bar's investment balances were as follows:
June 30
US Treasuries
Federal Agencies
Municipal Bonds
Corporate Bonds &Other Fixed Income
Mutual Funds - debt securities (ST)
Mutual Funds - equity securities
Equities
Managed Futures
Hedge Funds
Total investments
2011
2,969,136
1,868,073
597,718
3,140,379
13,524,632
4,075,142
16,374,713
1,334,948
2,045,647
45,930,388
2010
3,117,964
2,339,271
1,112,604
4,518,691
8,177,376
3,217,164
14,600,936
37,084,006
The Florida Bar's investment securities are exposed to various risks, such as custodial credit
risk, interest rate risk, credit quality risk, foreign currency risk, concentration
o
credit risk, and
market conditions. Due to the level
o
risk associated with certain investment securities, it is at
least reasonably possible that changes in the value o investment securities will occur in the
near term and that such changes could materially affect investment balances.
ustodial redit Risk
Custodial credit risk is the risk that in the event
o
the failure
o
the custodial entity, The Florida
Bar's deposits may not be returned to it. The Policies state that The Florida Bar will only hold
investment securities that are insured
or
registered and held by The Florida Bar,
or
its
designated agent, in the name
o
The Florida Bar. Investments held through its agent, Morgan
Stanley Smith Barney, LLC have Securities Investor Protection Corporation (SIPC) coverage up
to $500,000 per customer for cash and securities as
o
June 30, 2011
o
which $250,000 may
e
in uninvested cash. Morgan Stanley Smith Barney, LLC also has purchased Excess SIPC
protection above the SIPC limits. This excess coverage is subject to a firmwide cap
or
Morgan
Stanley
o
1 billion with no per-client limit for securities and a $1.9 million per-client limit for the
cash portion
o
any remaining shortfall. Investments in PIMCO mutual funds are held by a third
party trust company.
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The Florida
Bar
and Subsidiaries
Notes
to
Consolidated Financial Statements
NOTE 4 - INVESTMENTS (CONTINUED)
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
investments in U.S. Treasuries, federal agencies, municipal bonds, corporate bonds, and other
bonds are directly subject to interest rate risk. The interest rate risk is managed by requiring the
duration of the fixed income portfolio to average between plus or minus 200 0 of the duration of
the representative benchmark for the investment. As of June 30 2011, The Florida Bar's debt
investments had the following maturities:
Investment Matur ities (In Years)
Less than 1
June
3D Fair Value Year
1 5 Years
5
1
Years
Over 10 Years
US
Treasuries 2,969,136
-
922 212 1 574 716 472 208
Federal Agencies 1,868,073
133 927 1 652 591
81 555
Municipal Bonds
597,718
24 998
572 720
Corporate Bonds
&
Other Fixed
Income
3,140,379 260 659 2 354 000
525 720
Total
investments
8,575,306
419 584
5 501 523 2 181 991 472 208
The Florida Bar is not directly subject to interest rate risk for its investment in mutual funds that
purchase debt instruments, as The Florida Bar
is
able to sell their interest in these mutual funds
at will (subject to potential redemption fees). At June
30
2011, the weighted average life
reported
by
the mutual fund managers for the mutual funds invested
in
debt instruments was 2.7
to 6.8 years.
redit Quality Risk
The Policies require investments in fixed income debt securities to meet an average quality
rating of A or higher for the long-term portfolio and M 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.
In
the event a bond's
credit rating is downgraded to a level below investment grade by two of the three ratings
agencies, the Investment Manager must notify the Investment Committee and provide the
Committee with the Manager's outlook on the investment. The Investment Committee must
approve continuing to hold the downgraded investment. The Manager must regularly update
the committee on the downgraded investment's status.
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.
The Florida
Bar
and
Subsidiaries
Notes to Consolidated Financial Statements
NOTE 4 - INVESTMENTS (CONTINUED)
As of June 30 2011, The Florida Bar holds three corporate debt securities with a total market
value of 54,709
in
the long term portfolio that have been downgraded below the investment
grade rating. The Investment Committee has approved continuing to hold these securities.
The Florida Bar's debt investments by rating at June 30
2011
are presented below:
Corporate
Mutual Funds
U.S.
Federal Municipal Bonds & Debt
Quality Rating
Treasuries Agencies
Bonds
Other Securities
Total
U.S. Government
Agencies
-
1 868 073
-
728 295
-
2 596 368
Aaa 2 969 136
208 886 905 970 4 083 992
Aa1
80 563 80 563
Aa2
182 401
43 749
226 150
Aa3
175 783
175 783
A1
67 229
37 629
104 858
A2
58 639 486 228
544 867
A3
320 563 320 563
Baa1 131 553 131 553
Baa2
243 501
243 501
Baa3
12 399
12 399
Below Investment
Grade
54 709
54 709
Unrated
13 524 632
13 524 632
Total
investments
2 969 136
1 868 073 597 718 3 140 379 13 524 632 22 099 938
Because mutual funds are listed and valued as a whole, not individual holdings, information
about specific ratings cannot be obtained however the mutual funds do have exposure to non
investment grade securities. 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.
Foreign urrency 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 SEC-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
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The Florida Bar and
Subsidiaries
Notes to Consolidated Financial Statements
NOTE 4 - INVESTMENTS (CONTINUED)
other type
of
foreign currency are not allowed. 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 policies approve 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.
oncentration
o
redit Risk
The Investment Policies require investments to be diversified such that there is not an undue
concentration in a single industry sector except for its Concentrated Portfolios. Investments in
equity securities are subject to a maximum
50 0
commitment at cost and 10
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 5
%
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 150 0
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.
Investments in cash and cash equivalents are limited to no more than 100 0 of the account's
market value in a single issue (at cost), with the exception
of
issues backed by the U.S.
Government and its agencies and diversified money market funds.
Derivative Instruments
As
of
June 30, 2011, the Florida Bar's investment policy states that investments
in
options,
derivatives and financial futures are prohibited in separately managed accounts other than its
Alternative Investment assets. 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.
NOTE 5 - ACCOUNTS RECEIVABLE, NET
The following is a summary
of
accounts receivable, net:
June
3D 2011
2010
Accounts receivable 519,744 703,005
Allowance for doubtful accounts
(24,900)
(24,900)
Accounts receivable, net 494,844
678,105
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toO
The Florida Bar and Subsidiaries
Notes t Consolidated Financial Statements
NOTE 6 - CAPITAL ASSETS, NET
Capital assets
not
being depreciated:
Land
Software
development
n
progress
Construction in progress
July 1, 2010
1,306,690
142,237
60,763
Additions
-
725,084
14,683
Deletions
June
30, 2011
-
1,306,690
(49,629) 817,692
(60,763) 14,683
Total capital assets not depreciated
1,509,690
739,767 (110,392)
2,139,065
Capital assets being depreciated:
Buildings and improvements
Landscaping and
parking
Equipment
and furnishings
Software
Total capital assets
being
depreciated
9,615,208
120,318
4,562,368
1,231,757
15,529,651
1,113,365
788,999
448,816
2,351,180
(667,332)
(667,332)
10,728,573
120,318
4,684,035
1,680,573
17,213,499
Less
accumulated
depreciation for:
Buildings
and
improvements
Landscaping and
parking
Equipment
and furnishings
Software
(5,439,833)
(120,318)
(3,492,021 )
(422,580)
(344,702)
(428,280)
(158,578)
609,154
5,784,535)
120,318)
3,311,147)
581,158)
Total accumulated
depreciation
(9,474,752)
(931,560) 609,154
9,797,158)
Total capital assets being depreciated, net 6,054,899 1,419,620
(58,178) 7,416,341
Total capital
assets,
net 7,564,589 2,159,387 (168,570) 9,555,406
Depreciation expense for the years ended
June 30,
2011
and 2010 was 931,560 and
864,894, respectively.
NOTE 7 - LONG-TERM LIABILITIES
Compensated
bsences
Payable
Compensated absences payable consisted of the following:
une
30
2011
2010
Accrued vacation
1,333,310 1,447,838
Accrued sick leave
984,228 967,355
Total compensated absences
2,317,538
2,415,193
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The Florida Bar and Subsidiaries
Notes
to
Consolidated Financial Statements
NOTE 7 - LONG-TERM LIABILITIES (CONTINUED)
Changes in Long Term Liabili ties
Additions
Changes in long-term liabilities are summarized as follows:
Balance
July
1,2010
Reductions
Balance
June 30, 2011
Accrued vacation
1,447,838 1,003,820 (1,118,348)
1,333,310
Accrued sick leave
967,355 643,235 (626,362)
984,228
Deferred revenue for CSF recovery
1,692,991 (1,692,991 )
Total long-term liabilities
4,108,184
1,647,055 (3,437,701) 2,317,538
NOTE 8 - REVENUE AND EXPENSE CLASSIFICATION
The significant revenue and expense accounts presented in the consolidated financial
statements are described as follows:
OtherFees from Members
Includes revenues from members other than annual fees such as advertising approval fees,
certification fees and section dues.
Sales
of
Products and Services
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 of
aw
Includes expenses incurred
for
Lawyer Regulation, Lawyer Advertising, Ethics, Continuing Legal
Education Rules (CLER), Membership Records and Certi'fication.
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.
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0
The Florida Bar and Subsidiaries
Notes to Consolidated Financial Statements
NOTE 8 - REVENUE AND EXPENSE CLASSIFICATION (CONTINUED)
Communication
with
Members
nd
the Public
Includes the expenses of the Public Information Department and The Florida Bar Journal and
News
Administration
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 9 - 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 of covered compensation for the years ended June 30,
2011
and 2010,
respectively, and 4.30/0 on covered compensation exceeding 80 of the Social Security wage
base. 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
0
3 4 years
40
4 - 5 years
60
5 - 6 years
80
greater than 6 years
100
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
laYJ5.
The
pension contribution made equaled the contribution required during the years ended June 30,
2011
and 2010 for the Plan years ended December 31, 2010 and 2009 and was 2,236,636
and 2,133,962, respectively.
The Florida Bar also has a deferred compensation plan. The plan is for the benefit of all eligible
employees who elect to participate.
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.
The Florida
ar
and
Subsidiaries
Notes to Consolidated Financial Statements
NOTE
1
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
of
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.
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, 2011 and 2010, The Florida Bar contributed $85,511 and $268,980,
respectively, to the plan.
Annual OPES Cost and Net OPES Obligation. The Florida Bar's annual other postemployment
benefit (OPEB) cost (expense) is calculated based on the annual required contribution o 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 Bar's 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
$
85,511
Interest on net
OPES
obligation
Adjustments
to
annual required contribution
Annual
OPES
cost (expense)
$
85,511
Net
OPES
obligation - July
1, 2010
$
Annual
OPES
cost (expense) for
2011 85,511
Contributions made during
FY 2011
(85,511 )
Net
OPES
obligation - June
30,
2011
$
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The Florida Bar and Subsidiaries
Notes to Consolidated Financial Statements
NOTE
1
- RETIREE POSTEMPLOYMENT HEALTH BENEFITS (CONTINUED)
The Florida Bar's annual OPEB cost, the percentage of annual OPEB cost contributed to 'the
plan, and the net OPEB obligation for 2011 and the preceding three years were as follows:
Annual Percentage of
Annual
OPEB Cost
NetOPEB
Fiscal Year Ended
OPEB
Cost
Contribtued Obligation
6/30/2009
58,733 90
0
k
6/30/2010
268,980
100
0
k
6/30/2011
85,511 100%
Funded Status and Funding Progress
As
of
January 1, 2010, the most recent actuarial
valuation date, the plan was 82 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 unfunded actuarial accrued liability (UAAL) to
the covered payroll was 2.00%.
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.
The projected unit credit actuarial cost method was used for the January 1, 2010 actuarial
valuation. The actuarial assumptions included a 7.50 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 10
%
initially, reduced by decrements to an ultimate rate of
5
in the year 2016 and
beyond. Both rates included a
3
in'flation assumption. TFBRI-IP holds 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.
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.
The Florida Bar and Subsidiaries
Notes to Consolidated Financial Statements
NOTE 10 - RETIREE POSTEMPLOYMENT HEALTH BENEFITS (CONTINUED)
REQUIRED SUPPLEMENTARY INFORMATION
Schedule ofFunding Progress
Actuarial
Accrued
Liability UAAL as a
Actuarial (AAL)
Unfunded
Percentage
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
0.00
12,946,872 9.300/0
1/1/08 1,288,476 1,216,209 (72,267)
105.94
14,296,752 0.510/0
1/1/10 1,293,906 1,584,797 290,891
81.64
14,557,008 2.000/0
NOTE
11
- 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 also 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 to unrelated entities are as follows:
Years ending June 30
Amount
2012
692,742
2013
714,702
2014
737,079
2015
760,227
2016
711,048
Thereafter
821,147
Total minimum future rental payments
4,436,945
Total rental expense for the fiscal year ended June 30, 2011 and 2010 was 721,505 and
794,110, 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, 2011 and 2010 was
279,790 and 272,966, respectively.
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0
The Florida Bar and Subsidiaries
Notes
to
Consolidated Financial Statements
NOTE LEASES CONTINUED)
Future minimum rental receipts are as follows:
Years ending June 30
2012
2013
2014
Amount
286,784
293,818
73,894
Total minimum future rental receipts 654,496
NOTE 12 - 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.
NOTE 13 - 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, 2011:
Estimated
liquidating
Event
damages
Annual
Meeting
718 855
Board of Governors
Meetings
77 966
General Meeting
125 491
Section Meetings
694 000
Continuing Legal Education Seminars 101 019
Total
commitment
1 717 331
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The Florida
Bar
and
Subsidiaries
Notes to Consolidated Financial Statements
NOTE 4 - DESIGNATED FUND BALANCES
The Florida Bar has designated certain net assets to
be
used for specific program purposes. As
of June
30 2011
and 2010, the designated net assets were 15,009,718 and 12,645,267,
respectively.
NOTE 5 - 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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Supplementary nformation
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The Florida ar and
Subsidiaries
Consolidating Statement of Net Assets
June 30 2011
General
Fund
Bar Center
Fund
Clients
Security
Fund
Certification
Fund
Sections
Fund
Eliminating
Entries
Total
All Funds
Assets
Current assets
Cash and cash equivalents
Short-term investments
Accounts receivable, net
Due from other funds
Prepaid expenses and other assets
Total u rrent assets
14,058,181
45,930,388
534,672
-
617,369
61,140,610
444,181
-
-
5,808,730
703
6,253,614
-
-
-
6,662,500
-
6,662,500
-
-
-
803,503
-
803,503
-
-
-
5,104,031
-
5,104,031
-
(39,828)
(18,378,764)
(25,117)
(18,443,709)
14,502,362
45,930,388
494,844
592,955
61,520,549
Capital assets, net
Land
Buildings and improvements
Landscaping and parking
Equipment and furnishings
Software
Software development in process
Construction
in
progress
Accumulated depreciation
Total capital assets, net
-
-
-
-
1,680,573
817,692
-
(581,158)
1,917,107
1,306,690
10,728,573
120,318
4,684,035
-
-
14,683
(9,216,000)
7,638,299
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
1,306,690
10,728,573
120,318
4,684,035
1,680,573
817,692
14,683
(9,797,158)
9,555,406
Restricted assets
Investment in The Florida Bar
Building Corporation
Total restricted assets
1,611,647
1,611,647
-
-
-
-
-
-
-
(1,611,647)
(1,611,647)
Total assets
64,669,364
13,891,913
6,662,500 803,503 5,104,031 (20,055,356)
71,075,955
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
une
3D
2011
Fund
Fund
Fund
Fund Fund
Entries
All Funds
Liabilities and Net Assets
Current liabilities
Accounts payable
1,729,932
54,969 (39,828)
1,745,073
Client security fund claims payable
2,568,189
2,568,189
Accrued expenses 1,286,399
(48,917)
1,237,482
Due to other funds 18,329,847
(18,329,847)
Deferred revenues 11,375,450 11,375,450
Security deposits - J4 033 -
_ - - _
j25,117
48,916
Total current liabilities 32,721,628 129,002 2,568,189 - - (18,443,709) 16,975,110
Non-current liabilities
Compensated absences payable
2,317,538
2,317,538
Total non-current liablities
2,317,538
2,317,538
Total liabilities
35,039,166 129,002 2,568,189 (18,443,709) 19,292,648
Net assets
Invested
in
capital assets, net of related debt
1,917,107
7,638,299
9,555,406
Restricted for scholarships
45,921
45,921
Unrestricted
Designated 494,908
4,512,965
4,094,311
803,503
5,104,031
15,009,718
Undesignated 27,172,262 27,172,262
Contributed capital - 161J - - _ L611,64J)
Total net assets 29,630,198 13,762,911 4,094,311 803,503 5,104,031 (1,611,647)
51,783,307
Total liabilities and net assets
64,669,364 13,891,913 6,662,500 803,503 5,104,031 (20,055,356) 71,075,955
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 June 30 2 11
Fund Fund Fund Fund
Fund Entries
All
Funds
Operating revenues
Annual fees 23,094,112
23,094,112
Other fees from members 3,740,158
1,254,491
1,259,056
6,253,705
Sales of products and services 7,015,157
4,065
2,493,446
9,512,668
Advertising
1,730,692
1,730,692
Young lawyers
903,972 903,972
Grants and other
403,263 1,073,817 382,775 - - (877,190)
982,665
Total operating revenues
36,887,354 1,073,817 382,775 1,258,556 3,752,502 (877,190)
42 4n 814
Operating expenses
RegUlation
of
the practice of law
15,609,699
1,303,981
(379,100) 16,534,580
Cost of products and services provided to members 6,862,981
3,522,508 (166,675)
10,218,814
Unauthorized practice of law 1,476,405 (35,856)
1,440,549
Public service programs 610,263
3,014,042
(14,821) 3,609,484
Communication lJith members and the pUblic 3,678,742 (89,343) 3,589,399
Administration 2.467,681 (59,930) 2,407,751
Legislation 738,676
(17,940)
720,736
Young lawyers 702,807
(17,068)
685,739
Depreciation and amortization 154,843 772,982 3,538 197
931,560
Other programs and costs 516,320 _
424-,
- - - (96,457) 843,970
Total operating expenses 32,818,417 1 1 ~ ~ 9 3,Q17,?80_ 1 3 4 ~ 1 7 8 _ ~ 5 2 ~ 5 8 (877,190) 40,982,582
Operating
Income
(loss) 4,068,937
1l3,212) ~ ~ 3 4 ~ 5 1
_ _ 4 5 - - - - 6 2 ~
229,994
1,495,232
Non-operatlng revenues (expenses)
Investment earnings
Loss on disposal
of
capital assets
Total non-operating revenues
4,412,846
-
4,412,846
476,932
(58,178)
418,754
406,841
-
406,841
66,686
-
66,686
554,291
-
554,291
-
-
-
5,917,596
(58,178)
5,859,418
Change In net assets
8,481,783 295,482 (2,227,964) 21,064 784,285
7,354,650
Net assets. beginning
of
year
24,773,108 12,009,811
4,155,200
782,439 4,319,746 (1,611,647)
44,428,657
Transfers (to) from
other
funds (3,624,693)
1,457,618
2,167,075
Net assets. end of yea r 29,630,198 13,762,911 4,094,311 803,503 5,104,031 (1,611,647) 51,783,307
See Independent Auditors Report.
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The Florida Bar and Subsidiaries
Consolidating Statement
of
Cash Flows
Clients'
General Bar Center Security Certification
Sections Eliminating
Total
Year ended June 30 2011
Fund Fund Fund Fund
Fund Entries
All Funds
Cash flows from operating activities:
Receipts from members, customers and other sources 37,459,322 249,861 382,775 1,258,556 3,752,502 (4,762) 43,098,254
Payments to employees, suppliers and other vendors (32,380,674) (432,638) (789,616) (1,325,242) (4,306,793) 4,762 (39,230,201)
Net cash provided by (used in) operating activities 5,078,648 (182,717) (406,841) (66,686) (554,291) - 3,868,053
Cash flows from capital and related financing activities:
Acguisitionofcapitalassets
Net cash (used in) capital and related financing activi ies _
(1,929,713) (1,047,107)
_ 1 , 9 2 9 , ~ - - - - - h 0 4 7 , 1 0 7 )
-
-
_ _
-
-
-
-
-
-
(2,976,820)
(2,976,820)
Cash flows from investing activities:
Redemption of investments
Purchase of investments
Investment income, net
Net cash (used in) provided by investing activities
29,550,168 - -
(35,476,755) - -
1,493,051 476,932 406,841
_
4 4 3 3 ~
_476 932 4 6 8 ~
-
-
66,686
6 , 6 8 ~
-
-
554,291
554,291
-
-
-
-
29,550,168
(35,476,755)
2,997,801
(2,928,786)
(Decrease) in cash and cash equivalents
(1,284,601 ) (752,952)
(2,037,553)
Cash and cash equivalents, beginning of year
15,342,782 1,197,133
16,539,915
Cash and cash equivalents, end of year
14,058,181 444,181
14,502,362
See Independent Auditors' Report
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The Florida Bar and Subsidiaries
Consolidating Statement of Cash
Flows
(Continued)
Year ended June
30
2 11
General
Fund
Bar Center
Fund
Clients'
Security
Fund
Certification
Fund
Sections
Fund
Eliminating
Entries
Total
ll
Funds
Reconciliation
of
operating income (loss)
to
net cash provided
by (used in) operating activities:
Operating income (loss)
4,068,937 (123,272)
Adjustments to reconcile operating income (loss) to
net cash provided by (used in) operating activities
Depreciation and amortization
154,843 772,982
Transfers (to) from other funds
(3,624,693)
1.457,618
(Increase) decrease in:
Accounts receivable, net 178.499
Due from other funds
(2,281,574)
CSF recovery receivable
Prepaid expense and other assets
(17,506) 884
Increase (decrease) in:
Accounts payable
574,002 (9.418)
Claims payable
Accrued expenses
100,018
Deferred revenues
393.469
Deferred revenues - CSF recovery
Security deposits - 3
Due to other funds 3,348,734
Compensated absences payable (97,655)
(2,634,805) (45,622)
229,994
1.495,232
3,538
2,167,075
197
931,560
(3,538)
(261,816)
1,692,991
(197)
(21,064) (784,285)
4,762
3,348,739
179,526
1,692,991
(16,622)
322,705
(1,692,991)
-
-
-
-
-
-
(5)
(4,762)
(3,348,734)
-
559,822
322,705
100,013
393.469
(1,692,991 )
3
(97,655)
Net cash provided by (used in) operating activities 5,078,648 (182,777) (406,841)_ (66,686) (554,291)
-
3,868,053
Non-cash investing, capital and financing acti vities:
Change in the fair value
of
nvestments 2,294,078 2,294,078
Loss on disposal of assets -
58,178
58,178
See Independent Auditors'
Report
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The Florida Bar and
Subsidiaries
General Fund Schedule of Budgeted and Actual Revenues and Expenses
Variance
Favorable
Year ended June 30 2011
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)
23,094,112
4,407,941
294,728
733,263
853,420
103,485
9,274
564,021
28,364
548,300
510,263
198,749
3,177,676
665,435
169,003
551,173
10,640
172,230
771,400
793,532
751,895
903,972
7,238
79,249
529,969
1,200,399
324
83,914
37,127
7,239
Total revenues - budgetary basis
41,258,335
23,102,230
(8,118)
1,500,000 2,907,941
273,250
21,478
739,729
(6,466)
639,376 214,044
113,525
(10,040)
153
(153)
2,538
6,736
275
(275)
549,850 14,171
31,279
(2,915)
550,000 (1,700)
600,140
(89,877)
198,749
3,772,946
(595,270)
622,128
43,307
144,634
24,369
645,050 (93,877)
9,675
965
190,891
(18,661 )
682,362 89,038
737,800 55,732
795,131
(43,236)
813,650
90,322
10,000
(2,762)
128,263
(49,014)
585,820
(55,851)
1,104,943
95,456
324
68,900
15,014
5,000
32,127
1,000
6,239
38,420,538
2,837,797
See Independent Auditors Report.
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The Florida Bar and Subsidiaries
General Fund Schedule
o
Budgeted and Actual Revenues and Expenses
Continued)
Variance
Favorable
Year
en e
June 30 2011
Actual
Budgeted
(Unfavorable)
Expenses - budgetary basis
General administration
Staff and office expense
Travel
Internal service and administration
Other operating expenses
856,227
52,976
4,164
28,387
Total general administration 941,754
Board and officer
Staff and office expense
Travel
Internal service and administration
Other operating expenses
Total board and officer
231,348
33,343
14,729
449,675
729,095
Legislation
Staff and office expense 134,025
Contract services 414,220
Travel
4,978
Internal service and administration 76,288
Other operating expenses
(2,794)
Total legislation 626,717
Authorized house counsel
Staff and office expense 9,185
Internal service and administration 1,392
Other operating expenses
2,974
Total authorized house counsel
13,551
821,766
69,553
2,385
40,118
933,822
238,223
24,356
13,599
478,443
754,621
(34,461 )
16,577
(1,779)
11 731
(7,932)
6,875
(8,987)
(1,130)
28,768
25,526
116,944
(17,081 )
417,000
2,780
3,140
(1,838)
52,713
(23,575)
1,273 4,067
591,070
(35,647)
9,129
(56)
2,389 997
2,997 23
14,515
964
General counsel
Staff and office expense
Contract services
Travel
Internal service and administration
Other operating expenses
Total general counsel
Division director - legal
Staff and office expense
Travel
Internal service and administration
Other operating expenses
Total division director - legal
123,072
491,328
2,536
331
556
617,823
(13,292)
12,432
586
269
(5)
155,842
32,770
625,576
134,248
3,140 604
6,479 6,148
396
(160)
791,433
173,610
(19,416) (6,124)
18,864 6,432
1,568 982
500 231
1,516
1,521
See Independent Auditors Report.
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The Florida Bar and Subsidiaries
General Fund Schedule
o
Budgeted and Actual Revenues and Expenses
Year ended June 30 2 11
Expenses - b