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Fiscal Year 2022 Monroe County, Florida Clerk of the Circuit Court Financial Statements and Supplementary Information September 30, 2022 Contents Independent auditor's report 1-3 Financial statements Balance sheet—governmental funds 4 Statement of revenues, expenditures and changes in fund balance— governmental funds 5 Statement of fiduciary net position—custodial fund 6 Statement of changes in fiduciary net position—custodial fund 7 Notes to financial statements 8-17 Supplementary information Schedule of revenues and expenditures—budget to actual—general fund 18 Schedule of revenues and expenditures—budget to actual— special revenue court related fund 19 Schedule of revenues and expenditures—budget to actual— special revenue records modernization fund 20 Report of independent auditor on internal control over financial reporting and on compliance and other matters based on an audit of financial statements performed in accordance with government auditing standards 21-22 Independent auditor's management letter 23-24 Report of independent accountant on compliance with local government investment policies, article v requirements and depository requirements of sections 218.415, 28.35, 28.36 and 61.181, Florida statutes 25 Independent Auditor's Report To the Honorable Kevin Madok Clerk of the Circuit Court of Monroe County, Florida Report on the Audit of the Financial Statements Opinions We have audited the financial statements of each major fund and the aggregate remaining fund information of the Monroe County, Florida Clerk of the Circuit Court (the Clerk), as of and for the year ended September 30, 2022, and the related notes to the financial statements, which collectively comprise the Clerk's financial statements as listed in the table of contents. In our opinion, the accompanying financial statements referred to above present fairly, in all material respects, the respective financial position of each major fund and the aggregate remaining fund information of the Clerk as of September 30, 2022, and the respective changes in financial position for the year then ended in accordance with accounting principles generally accepted in the United States of America. Basis for Opinions We conducted our audit in accordance with auditing standards generally accepted in the United States of America (GAAS) and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States (Government Auditing Standards). Our responsibilities under those standards are further described in the Auditor's Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the Clerk and to meet our other ethical responsibilities in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Emphasis of Matter Basis of Presentation As discussed in Note 1, the accompanying financial statements of the Clerk were prepared for the purpose of complying with Section 218.39, Florida Statutes, and Section 10.557(3), Rules of the Auditor General for Local Government Entity Audits. They do not purport to, and do not, present fairly the financial position of Monroe County, Florida as of September 30, 2022, and the changes in its financial position for the year then ended in accordance with accounting principles generally accepted in the United States of America. Our opinions are not modified with respect to this matter. As discussed in Notes 8 to the financial statements, the Clerk adopted Governmental Accounting Standards Board (GASB) Statement No. 87, Leases as of October 1, 2021. As a result, lease liability and related right of use assets were restated. Our opinions are not modified with respect to this matter. 1 Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor's report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements. In performing an audit in accordance with GAAS and Government Auditing Standards, we • Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Clerk's internal control. Accordingly, no such opinion is expressed. • Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings and certain internal control-related matters that we identified during the audit. Required Supplementary Information Accounting principles generally accepted in the United States of America require that budgetary comparison schedules be presented to supplement the financial statements. Such information, although not a part of the financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the 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 of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the financial statements and other knowledge we obtained during our audit of the 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. 2 Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated March 30, 2023, on our consideration of the Clerk's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements and other matters. The purpose of that report is solely 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 effectiveness of the Clerk's internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Clerk's internal control over financial reporting and compliance. Fort Lauderdale, Florida March 30, 2023 3 Monroe County, Florida Clerk of the Circuit Court Balance Sheet—Governmental Funds Spetember 30, 2022 Major Funds Court Records Related Modernization General Fund Fund Fund Totals Assets Cash and cash equivalents $ 875,630 $ 2,105,810 $ 3,681,700 $ 6,663,140 Due from other governmental agencies 1,853 28,784 - 30,637 Due from Board of County Commissioners 500 595 - 1,095 Due from other funds 43,919 - - 43,919 Total assets $ 921,902 $ 2,135,189 $ 3,681,700 $ 6,738,791 Liabilities and Fund Balances Accounts payable and accrued liabilities $ 746,046 $ 490,463 $ 17,750 $ 1,254,259 Due to other governmental agencies 28,961 534,280 - 563,241 Due to Board of County Commissioners 144,174 1,066,527 - 1,210,701 Due to other funds 2,721 43,919 - 46,640 Total liabilities 921,902 2,135,189 17,750 3,074,841 Fund balances: Restricted - - 3,663,950 3,663,950 Total liabilities, deferred inflow of resources and fund balances $ 921,902 $ 2,135,189 $ 3,681,700 $ 6,738,791 See notes to financial statements. 4 Monroe County, Florida Clerk of the Circuit Court Statement of Revenues, Expenditures and Changes in Fund Balance—Governmental Funds Year Ended Spetember 30,2022 Major Funds Court Records Related Modernization General Fund Fund Fund Totals Revenues: Intergovernmental—Other $ 9,956 $ 1,503,183 $ - $ 1,513,139 Intergovernmental—Board of County Commissioners 4,862,800 1,624,500 - 6,487,300 Charges for services 1,067,027 908,815 354,193 2,330,035 Fines and forfeitures - 2,037,213 - 2,037,213 Interest income 14,527 27,977 37,579 80,083 Miscellaneous - 5,453 - 5,453 Total revenues 5,954,310 6,107,141 391,772 12,453,223 Expenditures: Current: General government: Salaries and benefits 3,573,117 - - 3,573,117 Operating 1,077,315 - - 1,077,315 Court related: Salaries and benefits - 3,576,102 - 3,576,102 Operating - 1,117,622 - 1,117,622 Capital outlay 251,399 30,017 - 281,416 Debt Service: Principal 8,828 11,626 - 20,454 Interest 817 760 - 1,577 Total expenditures 4,911,476 4,736,127 - 9,647,603 Excess of revenues over expenditures 1,042,834 1,371,014 391,772 2,805,620 Other financing sources and (uses): Lease financing - 14,658 - 14,658 Transfer to Board of County Commissioners (1,042,834) (801,361) - (1,844,195) Transfer to Florida Department of Revenue - (584,311) - (584,311) Total other financing sources and(uses) (1,042,834) (1,371,014) - (2,413,848) Net change in fund balances - - 391,772 391,772 Fund balances at beginning of year - - 3,272,178 3,272,178 Fund balances at end of year $ - $ - $ 3,663,950 $ 3,663,950 See notes to financial statements. 5 Monroe County, Florida Clerk of the Circuit Court Statement of Fiduciary Net Position—Custodial Fund September 30, 2022 Assets: Cash and cash equivalents $ 5,311,477 Due from other governmental agencies 8,114 Due from Board of County Commissioners 194 Due from others 2,360,253 Due from other funds 2,721 Total assets $ 7,682,759 Liabilities: Due to others $ 2,679 Due to other governmental agencies 1,142,808 Due to Board of County Commissioners 101,238 Total liabilities $ 1,246,725 Net position: Restricted for: Court registry $ 5,304,608 Cash bonds 453,406 Tax deeds 678,020 Total net position $ 6,436,034 See notes to financial statements. 6 Monroe County, Florida Clerk of the Circuit Court Statement of Changes in Fiduciary Net Position—Custodial Fund Year Ended Spetember 30, 2022 Additions: Payments made by litigants $ 73,996,376 Charges for services 1,390,727 Fines and forfeitures 89,225 Total additions 75,476,328 Deductions: Payment of court fines, fees, and forfeitures - Funds returned to litigants 73,228,977 Total deductions 73,228,977 Net increase in fiduciary net position 2,247,351 Net position, beginning of year 4,188,683 Net position, end of year $ 6,436,034 See notes to financial statements. 7 Monroe County, Florida Clerk of the Circuit Court Notes to Financial Statements Note 1. Summary of Significant Accounting Policies Reporting entity: The Monroe County, Florida Clerk of the Circuit Court (Clerk) is a separately elected county official established pursuant to the Constitution of the State of Florida. The Clerk's financial statements do not purport to reflect the financial position or the results of operations of Monroe County, Florida (County) taken as a whole. The financial statements of the Clerk have been prepared in accordance with the accounting principles and reporting guidelines established by the Governmental Accounting Standards Board (GASB). Entity status for financial reporting purposes is governed by GASB Statement No. 14, as amended. Although the Clerk's Office is operationally autonomous and legally separate from the Board of County Commissioners (Board), it does not hold sufficient corporate powers of its own to be considered a legally separate entity for financial reporting purposes. Therefore, under GASB guidelines, the Clerk is reported as a part of the primary government of the County. The financial activities of the Clerk, as a constitutional officer, are included in the Monroe County, Florida Annual Comprehensive Annual Report (ACFR). Description of funds: The accounting records are organized for reporting purposes as three governmental funds and a fiduciary fund. General fund.The General Fund is used to account for all revenues and expenditures applicable to the general operations of the Clerk. Court related fund.A Special Revenue Fund is used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditures for specified purposes other than debt service or capital projects. The Court Related Fund is a special revenue fund created to account for and report State and local funding restricted for the expenditure of court functions as mandated by Section 28.37, Florida Statutes. Any excess funding over actual expenditures is returned to either the Florida Department of Revenue (DOR)or the Board, depending on where funding originated. Records modernization fund.The Records Modernization Fund is a special revenue fund used to account for and report recording fees restricted for records modernization and court technology as specified in Florida Statutes 28.24(12)(d) and (e). Fiduciary fund.The Fiduciary Fund of the Clerk is a custodial fund, which is used to account for the receipt and disbursement of assets held for other agencies, governments, or individuals. Measurement focus, basis of accounting and financial statement presentation: The Clerk's financial statements are prepared for the purpose of complying with Florida Statute 218.39(2), and Chapter 10.550, Rules of the Auditor General, which require the Clerk to only present fund financial statements. The General Fund and the Special Revenue Funds are governmental funds which use the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized when measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the Clerk considers revenues to be available if they are collected within 60 days of the end of the current fiscal period, to be available and thus recognizes them as revenues of the current year. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, expenditures related to compensated absences, claims and judgments, debt service, pensions, and other post-employment benefits are recorded when they are due and payable. 8 Monroe County, Florida Clerk of the Circuit Court Notes to Financial Statements Note 1. Summary of Significant Accounting Policies (Continued) The Clerk reports the General Fund, Court Related Fund and the Records Modernization Fund as major governmental funds and the Custodial Fund as a fiduciary fund type. The fiduciary fund uses a flow of economic resources measurement focus to determine net position. The Clerk's operations are segregated between court-related and non-court-related activities as defined by Article V of the Florida Constitution. Any excess of court-related revenue over court-related expenditures as of September 30 each year is paid to the DOR's Clerks' Trust Fund. The Board provides non-court-related revenue to both the Clerk's General Fund and Court-Related fund. Any excess of non- court related revenue over non-court related expenditures is reflected as a liability to the Board in the respective fund at fiscal year-end. Fund balances presentation: The Records Modernization Fund balance of the governmental funds is classified as restricted. This classification includes amounts that can be spent only for specific purposes because of constitutional provisions or enabling legislation or because of constraints that are externally imposed by creditors, grantors, contributors or the laws or regulations of other governments. Budgetary requirements: Expenditures are controlled by appropriations in accordance with the budgetary requirements set forth in the Florida Statutes. The budget is prepared on a basis consistent with generally accepted accounting principles. The Florida Clerks of Court Operations Corporation (CCOC)approves only the budget for the Clerk's court-related activities for the twelve-months ended September 30, 2022. The non-court-related budget is the Clerk's General Fund budget and is approved by the Board. Cash: The Clerk's cash consist of demand deposits insured by the Federal Deposit Insurance Corporation (FDIC)and cash on hand for operations. Capital assets: Tangible and intangible personal property used by the Clerk's operations are recorded in governmental fund types as expenditures at the time assets are received and a liability is incurred. Purchased assets are capitalized at historical cost and reported in the Monroe County ACFR government-wide financial statements. Leases: The Clerk is a lessee for equipment leases. In the government-wide financial statements in the Monroe County ACFR, the County recognizes the Clerk's leases as a lease liability and as an intangible right-to-use leased asset (leased asset). At the commencement of a lease, the Clerk and the County initially measures the lease liability at the present value of payments expected to be made during the lease term. Subsequently, the leased asset is amortized on a straight-line basis over its useful life. At the fund level, the Clerk recognizes an expenditure and other financing source in the period the lease is initially recognized. 9 Monroe County, Florida Clerk of the Circuit Court Notes to Financial Statements Note 1. Summary of Significant Accounting Policies (Continued) Key estimates and judgments related to leases include how the Clerk and County determines: (1)the discount rate it uses to discount the expected lease payment to present value; (2) lease term; and (3) lease payments. • The Clerk uses the interest rate charged by the lessor as the discount rate. When the interest rate charged by the lessor is not provided, the Clerk uses the County's estimated incremental borrowing rate as the discount rate for the leases. • The lease term includes the noncancellable period of the lease. Lease payments include the measurement of the lease liability and are composed of the fixed payments and purchase option price that the Clerk is reasonably certain to exercise. The Clerk monitors changes in circumstances that would require a remeasurement of its lease and will remeasure the leased asset and liability if certain changes occur that are expected to significantly affect the amount of the lease liability. In the government-wide statements of the Monroe County ACFR, the Clerk's leased assets are reported with other capital assets and the lease liabilities are reported with long- term debt in the statement of net position as part of the governmental activities. The leases state they may be canceled in the event budget appropriations are not sufficient to meet the Clerk's obligations under the leases. The Clerk maintains custodial responsibility for the capital assets used by the Clerk's offices. In addition, the Board provides administrative office space and certain other expenditures used by the Clerk at no charge. Compensated absences: The Clerk of Courts permits employees to accumulate earned but unused vacation and, sick benefits. The Clerk is not legally required to and does not accumulate expendable available financial resources to liquidate this obligation. The obligation for compensated abscesses is accrued in the government-wide financial statements of the County. Related long-term obligations, amounting to $930,254 on September 30, 2022, are included in the government-wide financial statements of the County. Use of estimates: The preparation of financial statements in conformity with accounting principles generally accepted in the United States requires management to make estimates and assumptions that affect 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 expenditures during the reporting period. Actual results could differ from estimates. Subsequent events: The Clerk has evaluated subsequent events through March 30, 2023, in connection with the preparation of these financial statements, which is the date the financial statements were available to be issued. 10 Monroe County, Florida Clerk of the Circuit Court Notes to Financial Statements Note 1. Summary of Significant Accounting Policies (Continued) New accounting pronouncement: Effective October 1, 2021, the Clerk adopted the provisions of GASB Statement No. 87, Leases. This statement established a single model for lease accounting based on the principle that leases are financings of the right-to-use the underlying asset. Under this statement, a lessee is required to recognize a lease liability and an intangible right-to-use leased asset, and a lessor is required to recognize a lease receivable and a deferred inflow of resources. The Clerk enters into lease agreements as a lessee. While the Board is responsible for recognizing the Clerk's associated lease liability and any intangible right-to-use of the leased assets, the Note 8 to the Clerk's financial statements provides information regarding the Clerk's leases that relate to the timing, significance, and purpose of its leasing arrangements. The following are new accounting pronouncements that have been issued but are not yet effective: GASB Statement No. 96, Subscription-Based Information Technology Arrangements. GASB Statement No. 96 provides accounting and financial reporting guidance for subscription-based information technology arrangements (SBITAs). GASB Statement No. 96 is based on the standards established in GASB Statement No. 87, Leases. GASB Statement No. 96: • Defines a SBITA as a contract that conveys control of the right to use a SBITA vendor's IT software, alone or in combination with tangible capital assets (the underlying IT assets), as specified in the contract for a period of time in an exchange or exchange-like transaction; • Requires governments with SBITAs to recognize a right-to-use subscription asset—an intangible asset—and a corresponding subscription liability (with an exception for short-term SBITAs—those with a maximum possible term of 12 months); and • Provides guidance related to outlays other than subscription payments, including implementation costs, and requirements for note disclosures related to a SBITA. The requirements of this Statement are effective for reporting periods beginning after June 15, 2022. GASB Statement No. 99, Omnibus 2022. The requirements of this Statement are effective as follows: The requirements related to extension of the use of LIBOR, accounting for SNAP distributions, disclosures of nonmonetary transactions, pledges of future revenues by pledging governments, clarification of certain provisions in Statement 34, as amended, and terminology updates related to Statement 53 and Statement 63 are effective upon issuance. The requirements related to leases and SBITAs are effective for fiscal years beginning after June 15, 2022, and all reporting periods thereafter. The requirements related to financial guarantees and the classification and reporting of derivative instruments within the scope of Statement 53 are effective for fiscal years beginning after June 15, 2023, and all reporting periods thereafter. Earlier application is encouraged and is permitted by topic. GASB Statement No. 100, Accounting Changes and Error Corrections—an amendment of GASB Statement No. 62. The primary objective of this Statement is to enhance accounting and financial reporting requirements for accounting changes and error corrections to provide more understandable, reliable, relevant, consistent, and comparable information for making decisions or assessing accountability. Effective Date: For fiscal years beginning after June 15, 2023, and all reporting periods thereafter. Earlier application is encouraged. 11 Monroe County, Florida Clerk of the Circuit Court Notes to Financial Statements Note 1. Summary of Significant Accounting Policies (Continued) GASB Statement No. 101, Compensated Absences. The objective of this Statement is to better meet the information needs of financial statement users by updating the recognition and measurement guidance for compensated absences. That objective is achieved by aligning the recognition and measurement guidance under a unified model and by amending certain previously required disclosures. The requirements of this Statement are effective for fiscal years beginning after December 15, 2023, and all reporting periods thereafter. Earlier application is encouraged. Note 2. Deposits The Clerk follows Florida Statutes for its investment policy, which authorizes investments in certificates of deposit, savings accounts, repurchase agreements, the Local Government Surplus Funds Trust Fund administered by the Florida State Board of Administration, and obligations of the U.S. Government and government agencies unconditionally guaranteed by the U.S. Government. Cash and cash equivalents at September 30, 2022, consist of the following: Type Fair Value Governmental funds: Demand deposits $ 6,663,140 Custodial fund: Demand deposits 5,308,977 Total $ 11,972,117 The Clerk's deposits are placed in interest-bearing and non-interest bearing demand deposits which are insured by the Federal Deposit Insurance Corporation or covered by the State of Florida collateral pool, a multiple financial institution pool with the ability to assess its members for collateral shortfalls if a member institution fails. The total bank balances as of September 30, 2022, were $12,663,159. Cash on hand amounted to $2,500. Note 3. Interfund Receivables and Payables Interfund receivables and payables at September 30, 2022 consist of the following: Due From Due To Other Funds Other Funds Court Related Fund $ - $ 43,919 General Fund 43,919 2,721 Custodial Fund 2,721 - $ 46,640 $ 46,640 The amounts are the result of year-end payroll transactions that were paid from the General Fund but the related expenses were charged to the Court Related Fund. 12 Monroe County, Florida Clerk of the Circuit Court Notes to Financial Statements Note 4. Fund Balance Presentation The restrictions on the Court-Related fund balance is due to the initial lease obligations for mail machines in the Marathon and Plantation Key Clerk Offices. The restrictions placed on Clerk Records Modernization fund balance are described as follows: Public records modernization trust: Florida Statute 28.24(12)(d) requires the collection of an additional service charge to be paid to the Clerk to be used exclusively for equipment, maintenance of equipment, personnel training, and technical assistance in modernizing the public records system of the Clerk's Office. Public records court technology trust: Florida Statute 28.24(12)(e)(1) requires the collection of an additional service charge to be paid to the Clerk to be used exclusively for the operation and support of an integrated computer system for the judicial agencies and to support the operations and maintenance of the state court system. Records Modernization restricted fund balances are as follows: Public records modernization trust $ 1,204,505 Public records court technology 2,459,445 Restricted Fund Balance $ 3,663,950 Note 5. Retirement Plans Florida retirement system Plan description: The Clerk's employees participate in the Florida Retirement System (FRS). As provided by Chapters 121 and 112, Florida Statutes, the FRS provides two cost sharing, multiple employer defined benefit plans administered by the Florida Department of Management Services, Division of Retirement, including the FRS Pension Plan (Pension Plan) and the Retiree Health Insurance Subsidy(HIS Plan). Under Section 121.4501, Florida Statutes, the FRS also provides a defined contribution plan (Investment Plan) alternative to the FRS Pension Plan, which is administered by the State Board of Administration. As a general rule, membership in the FRS is compulsory for all employees working in a regularly established position for a state agency, county government, district school board, state university, community college, or a participating city or special district within the State of Florida. The FRS provides retirement and disability benefits, annual cost-of-living adjustments, and death benefits to plan members and beneficiaries. Benefits are established by Chapter 121, Florida Statutes, and Chapter 60S, Florida Administrative Code. Amendments to the law can be made only by an act of the Florida Legislature. 13 Monroe County, Florida Clerk of the Circuit Court Notes to Financial Statements Note 5. Retirement Plans (Continued) Benefits under the Pension Plan are computed on the basis of age, average final compensation, and service credit. For Pension Plan members enrolled before July 1, 2011, Regular class members who retire at or after age 62 with at least six years of credited service, or 30 years of service regardless of age are entitled to a retirement benefit payable monthly for life, equal to 1.6%of their final average compensation based on the five highest years of salary, for each year of credited service. Vested members with less than 30 years of service may retire before age 62 and receive reduced retirement benefits. Senior Management Service class members who retire at or after age 62 with at least six years of credited service or 30 years of service regardless of age are entitled to a retirement benefit payable monthly for life, equal to 2.0% of their final average compensation based on the five highest years of salary for each year of credited service. Elected Officers' class members who retire at or after age 62 with at least six years of credited service or 30 years of service regardless of age are entitled to a retirement benefit payable monthly for life, equal to 3.0%of their final average compensation based on the five highest years of salary for each year of credited service. Substantial changes were made to the Pension Plan during fiscal year 2011, affecting new members enrolled on or after July 1, 2011 by extending the vesting requirement to eight years of credited service and increasing normal retirement to age 65 or 33 years of service regardless of age. Also, the final average compensation for these members is based on the eight highest years of salary. The HIS Plan provides a monthly benefit to assist retirees in paying their health insurance costs and is administered by the Florida Department of Management Services, Division of Retirement. Eligible retirees and beneficiaries receive a monthly health insurance subsidy payment of$5 for each year of creditable service, with a minimum payment of$30 and a maximum payment of$150 per month. The HIS Plan is funded by required contributions from FRS participating employees as set forth by the Florida Legislature, based on a percentage of gross compensation for all active FRS members. In addition to the above benefits, the FRS administers a Deferred Retirement Option Program (DROP). This program allows eligible members to defer receipt of monthly retirement benefit payments while continuing employment with a FRS employer for a period not to exceed 60 months after electing to participate. Deferred monthly benefits are held in the FRS Trust Fund and accrue interest. There are no required contributions by DROP participants. For those members who elect participation in the Investment Plan, rather than the Pension Plan, vesting occurs at one year of service. These participants receive a contribution for self-direction in an investment product with a third-party administrator selected by the State Board of Administration. Employer and employee contributions, including amounts contributed to individual member's accounts, are defined by law, but the ultimate benefit depends in part on the performance of investment funds. Benefit terms, including contribution requirements, for the Investment Plan are established and may be amended by the Florida Legislature. The Investment Plan is funded with the same employer and employee contribution rates that are based on salary and membership class (Regular Class, Elected County Officers, etc.), as the FRS defined benefit plan. Contributions are directed to individual member accounts, and the individual members allocate contributions and account balances among various approved investment choices. Costs of administering the plan, including the FRS Financial Guidance Program, are funded through an employer contribution of 0.06 percent of payroll and by forfeited benefits of plan members. 14 Monroe County, Florida Clerk of the Circuit Court Notes to Financial Statements Note 5. Retirement Plans (Continued) The Clerk recognizes pension expenditures in an amount equal to amounts paid to the Pension Plan, the HIS Plan and the defined contribution plan, amounting to $521,322, $79,561, and $83,677 respectively, for the fiscal year ended September 30, 2022. The Clerk's payments for the Pension Plan and the HIS Plan after June 30, 2022, the measurement date used to determine the net pension liability associated with the Pension Plan and the HIS Plan, amounted to $147,516 and $21,873 respectively. The Clerk is not legally required to and does not accumulate expendable available resources to liquidate the retirement obligation related to its employees. Accordingly, the net pension liability and associated deferred outflows and deferred inflows are presented on the government-wide financial statements of the County, following requirements of GASB Statement No. 68, Accounting and Financial Reporting for Pensions—an amendment of GASB Statement No. 27, and GASB Statement No. 71, Pension Transition for Contributions Made Subsequent to the Measurement Date—an amendment of GASB Statement No. 68. Funding policy: All enrolled members of the FRS Pension Plan are required to contribute 3.0% of their salary to the FRS. In addition to member contributions, governmental employers are required to make contributions to the FRS based on state-wide contribution rates. The employer contribution rates by job class for the periods from October 1, 2021 through June 30, 2022 and July 1, 2022 through September 30, 2022, respectively, were as follows: regular- 10.82% and 11.91%; county elected officers- 51.42% and 46.77%; senior management-29.01% and 34.57%; and DROP participants- 18.34% and 18.60%. During the fiscal year ended September 30, 2022, the Clerk contributed to the plan an amount equal to 13.58% of covered payroll of$5,040,773. The state of Florida annually issues a publicly available financial report that includes financial statements and required supplementary information for the FRS. The latest available report may be obtained by writing to the state of Florida Division of Retirement, Department of Management Services, P.O. Box 9000, Tallahassee, Florida 32315-9000. That report may be viewed on the Florida Department of Management Services website located at www.dms.mvflorida.com/workforce oaerations/retirement/publications. Note 6. Other Postemployment Benefits Plan (the OPEB Plan) In addition to the pension benefits described in Note 4, the Clerk offers to its employees a single- employer defined benefit healthcare plan, which is administered by the Board. Florida Statute 112.0801 requires the County to provide retirees and their eligible dependents with the option to participate in the OPEB Plan if the County provides health insurance to its active employees and their eligible dependents. The OPEB Plan provides medical coverage, prescription drug benefits, and life insurance to both active and eligible retired employees. The OPEB Plan does not issue a publicly available financial report. No assets are accumulated in a trust that meets the criteria as set forth in GASB Statement No. 75, Accounting and Financial Reporting for Postemployment Benefit Plans Other Than Pensions. The Board may amend the OPEB Plan design, with changes to the benefits, premiums and/or levels of participant contribution at any time. On at least an annual basis, in an open session, and prior to the annual enrollment process, the Board approves the rates for the coming calendar year for the retiree and County contributions. 15 Monroe County, Florida Clerk of the Circuit Court Notes to Financial Statements Note 6. Other Postemployment Benefits Plan (the OPEB Plan) (Continued) Eligibility for postemployment participation in the OPEB Plan is limited to full-time employees of the County, and the Constitutional Officers. An employee who retires as an active participant in the OPEB Plan and was hired on or after October 1, 2001 may continue to participate in the OPEB Plan by paying the monthly premium established annually by the Board. An employee who retires as an active participant in the plan, was hired prior to October 1, 2001, has at least ten years of full-time service with the County, and meets the retirement criteria of the FRS but is not eligible for Medicare, may maintain group health insurance benefits with Monroe County following retirement, provided that the retiring employee pays the retiree contributions based on their years of service with Monroe County. Pre-Medicare retirees with at least 25 years of service who satisfy the rule of 70 pay the FRS subsidy for coverage, which is $5 per year of service month with a maximum of$150 per month. For those with 20-24 years of service, the retirees will pay 25% of the actuarial rate, and for those with 10-19 years of service the retirees will pay 50%of the actuarial rate. Retirees who have met the requirements for early retirement, have not achieved age 60 and whose age and years of service do not equal 70 (rule of 70) must pay the standard monthly premium until the age criteria or the rule of 70 is met. At that time, the retiree's cost of participation will be based on the preceding table. Surviving spouses and dependents of participating retirees may continue in the plan if eligibility criteria specific to those classes are met. An employee who retires as an active participant in the plan, was hired prior to October 1, 2001, has at least ten years of full-time service with the County, and meets the retirement criteria of the FRS and is eligible for Medicare at the time of retirement or becomes eligible for Medicare following retirement, may maintain group health insurance benefits with Monroe County following retirement, provided the retiring employee contributes the Actuarial Rate for Medicare retirees as determined by the actuarial firm engaged by the County, less a $250 per month County subsidy. Alternatively, retirees meeting these criteria may elect to leave the County health plan and receive a $250 per month payment from the County, payable for the lifetime of the retiree. The Board engages an actuarial firm on a biannual basis to determine the County's accrued total OPEB liability. The Clerk has no responsibility to the OPEB Plan other than to make the periodic payments determined by the Board, which are presented as expenditures when made and amounted to $167,040 or the year ended September 30, 2022. Further information about the OPEB Plan is available in the County's ACFR which is published on the Clerk's website at www.monroe-clerk.com . Note 7. Risk Management The Clerk is exposed to various risks of loss related to tort; theft of, damage to, and destruction of assets; errors and omissions; injuries to employees; and natural disasters. The Clerk participates in the coverage provided by the Board for Workers' Compensation, Group Insurance, and Risk Management Internal Service Funds. Under these programs, Workers' Compensation provides $500,000 coverage per claim for regular employees. Workers' Compensation claims in excess of the self-insured coverage are covered by an excess insurance policy. Risk Management has a $5,000,000 excess insurance policy for general liability claims with a $200,000 self-insured retention, and building property damage is covered for the actual value of the building with a deductible of$50,000. Deductibles for windstorm and flood vary by location. Monroe County purchases commercial insurance for claims in excess of coverage provided by the funds and for all other risks of loss. Settled claims have not exceeded this commercial coverage in any of the past three years. 16 Monroe County, Florida Clerk of the Circuit Court Notes to Financial Statements Note 7. Risk Management(Continued) The Clerk makes payments to the Workers' Compensation, Group Insurance and Risk Management Funds based on estimates of the amounts needed to pay prior and current year claims. Note 8. Lease Obligations The Clerk leases various office equipment under cancelable arrangements that qualify as other than short-term leases under GASB Statement No. 87 and, therefore, have been recorded at the present value of the future minimum lease payments as of the date of their inception. The Clerk had seventeen lease agreements for the year ending September 30, 2022. The future minimum lease obligations and the net present value of these minimum lease payments as of September 30, 2022, were as follows: Lease Liability Balance October 1, 2021 $ 52,997 Additions 14,658 Deductions 20,454 Balance September 30, 2022 $ 47,201 Principal Interest Total Year Ending September 30: 2023 $ 21,653 $ 1,164 $ 22,817 2024 11,794 599 12,393 2025 7,191 358 7,549 2026 4,574 163 4,737 2027 1,989 20 2,009 Totals $ 47,201 $ 2,304 $ 49,505 Note 9. Litigation The Clerk is a party from time to time in various lawsuits and other claims incidental to the ordinary course of its operation, some of which are covered by the Board's self-insurance program. While the results of litigation cannot be predicted with certainty, management believes the final outcome of such litigation will not have a material adverse effect on the Clerk's financial position. 17 Monroe County, Florida Clerk of the Circuit Court Schedule of Revenues and Expenditures—Budget to Actual—General Fund Year Ended Spetember 30,2022 General Fund Variance Original Final Positive Budget Budget Actual (Negative) Revenues: Intergovernmental—Other $ 7,000 $ 8,000 $ 9,956 $ 1,956 Intergovernmental—Board of County Commissioners 4,862,800 4,862,800 4,862,800 - Charges for services 682,900 1,000,500 1,067,027 66,527 Fines and forfeitures - - - - Interest income 10,000 11,400 14,527 3,127 Miscellaneous 100 100 - (100) Total revenues 5,562,800 5,882,800 5,954,310 71,510 Expenditures: Current: General government: Clerk recording 643,100 643,100 632,100 11,000 Clerk information systems 690,439 890,439 497,875 392,564 Clerk finance 3,649,448 3,694,448 3,243,596 450,852 Internal audit 432,335 507,335 476,729 30,606 Non-court records management 147,478 147,478 51,531 95,947 Debt service: Principal - - 8,828 (8,828) Interest - - 817 (817) Total expenditures 5,562,800 5,882,800 4,911,476 971,324 Excess of revenues over expenditures - - 1,042,834 1,042,834 Other financing uses: Transfer to Board of County Commissioners (1,042,834) (1,042,834) Total other financing sources and uses (1,042,834) (1,042,834) Net change in fund balance - Fund balance, beginning of year Fund balance,end of year $ $ $ $ 18 Monroe County, Florida Clerk of the Circuit Court Schedule of Revenues and Expenditures-Budget to Actual-Special Revenue Court Related Fund Year Ended September 30,2022 Special Revenue Court Related Fund Variance Original Final Positive Budget Budget Actual (Negative) Revenues: Intergovernmental-other $ 1,217,316 $ 1,255,998 $ 1,503,183 $ 247,185 Intergovernmental-Board of County Commissioners 1,624,500 1,624,500 1,624,500 - Chargesforservices 1,137,860 1,137,860 908,815 (229,045) Fines and forfeitures 1,338,357 1,338,357 2,037,213 698,856 Interest income 25,000 25,000 27,977 2,977 Miscellaneous income - - 5,453 5,453 Total revenues 51343,033 5,381,715 6,107,141 725,426 Expenditures: Current: Court related: Clerk administration 1,484,114 889,114 539,449 349,665 Clerk records management 45,717 105,717 97,097 8,620 Clerk jury management 131,022 181,022 167,633 13,389 Clerk circuit court criminal 658,559 958,559 933,112 25,447 Clerk circuit court civil 428,854 467,536 433,464 34,072 Clerk court information systems 569,385 679,385 692,692 (13,307) Clerk circuit court family 234,878 184,878 115,446 69,432 Clerk circuit court juvenile 157,800 157,800 118,631 39,169 Clerk circuit court probate 161,474 161,474 122,407 39,067 Clerk county court criminal 549,631 549,631 485,369 64,262 Clerk county court civil 286,846 286,846 284,887 1,959 Clerk county court traffic 634,753 759,753 733,554 26,199 Debt Service: Principal - - 11,626 (11,626) Interest - - 760 (760) Total expenditures 5,343,033 5,381,715 4,736,127 645,588 Excess of revenues over expenditures - - 1,371,014 1,371,014 Other financing uses: Lease financing 14,658 14,658 Transfer to Board of County Commissioners (801,361) (801,361) Transfer to Florida Department of Revenue (584,311) (584,311) Total other financing sources and uses (1,371,014) (1,371,014) Net change in fund balance Fund balance, beginning of year Fund balance,end of year $ $ $ $ 19 Monroe County, Florida Clerk of the Circuit Court Schedule of Revenues and Expenditures—Budget to Actual—Special Revenue Records Modernization Fund Year Ended September 30,2022 Special Revenue Records Modernization Fund Variance Original Final Positive Budget Budget Actual (Negative) Revenues: Charges for services $ 285,000 $ 285,000 $ 354,193 $ 69,193 Interest income 35,000 35,000 37,579 2,579 Total revenues 320,000 320,000 391,772 71,772 Expenditures: Current: Modernization trust - - - - Total expenditures - - - - Excess of revenues(under)expenditures 320,000 320,000 391,772 71,772 Net change in fund balance 320,000 320,000 391,772 71,772 Fund balance, beginning of year (320,000) (320,000) 3,272,178 3,592,178 Fund balance, end of year $ - $ - $ 3,663,950 $ 3,663,950 20 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 Auditing Standards Independent Auditor's Report To the Honorable Kevin Madok Clerk of the Circuit Court of Monroe County, Florida We have audited, in accordance with the 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 (Government Auditing Standards), the financial statements of each major fund and the aggregate remaining fund information of the Monroe County, Florida Clerk of the Circuit Court (the Clerk)as of and for the year ended September 30, 2022, and the related notes to the financial statements, which collectively comprise the Clerk's financial statements, and have issued our report thereon dated March 30, 2023. Our report included an emphasis of matter paragraph to reflect that these financial statements were prepared to comply with Section 218.39, Florida Statutes, and Chapter 10.557(3), Rules of the Auditor General for Local Governmental Entity Audits and are intended to present the financial position and the changes in financial position of the Clerk and do not represent a complete presentation of the financial statements of Monroe County, Florida. The Clerk financial statements also include an emphasis of matter paragraph related to the implementation of Government Accounting Standards Board (GASB) Statement No. 87, Leases. Report on Internal Control over Financial Reporting In planning and performing our audit of the financial statements, we considered the Clerk's internal control over financial reporting (internal control)as a basis for designing the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Clerk's internal control. Accordingly, we do not express an opinion on the effectiveness of the Clerk's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that were not identified. 21 Report on Compliance and Other Matters As part of obtaining reasonable assurance about whether the Clerk's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Clerk's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Fort Lauderdale, Florida March 30, 2023 22 Independent Auditor's Management Letter in Accordance with the Rules of the Auditor General of the State of Florida To the Honorable Kevin Madok Clerk of the Circuit Court of Monroe County, Florida Report on the Financial Statements We have audited the financial statements of the Monroe County, Florida, Clerk of the Circuit Court (the Clerk), as of and for the fiscal year ended September 30, 2022, and have issued our report thereon dated March 30, 2023, which was prepared to comply with State of Florida reporting requirements. Auditor's Responsibility We conducted our audit in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and Chapter 10.550, Rules of the Florida Auditor General. Other Reporting Requirements We have issued our Independent Auditor's 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 Auditing Standards and our Independent Accountant's Report on an examination conducted in accordance with AICPA Professional Standards, AT-C Section 315, regarding compliance requirements in accordance with Chapter 10.550, Rules of the Auditor General. Disclosures in those reports, which are dated March 30, 2023, should be considered in conjunction with this management letter. Prior Audit Findings Section 10.554(1)(i)l., Rules of the Auditor General, requires that we determine whether or not corrective actions have been taken to address findings and recommendations made in the preceding annual financial audit report. No recommendations were made in the preceding audit report. Official Title and Legal Authority Section 10.554(1)(i)4., Rules of the Auditor General, requires that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in the management letter, unless disclosed in the notes to the financial statements. The Clerk is a separately elected county official established pursuant to the Constitution of the state of Florida. There are no component units related to the Clerk. 23 Financial Management Section 10.554(1)(i)2., Rules of the Auditor General, requires that we communicate any recommendations to improve financial management. In connection with our audit, we did not have any such recommendations. Additional Matters Section 10.554(1)(i)3., Rules of the Auditor General, requires us to communicate noncompliance with provisions of contracts or grant agreements, or abuse, that have occurred, or are likely to have occurred, that have an effect on the financial statements that is less than material but which warrants the attention of those charged with governance. In connection with our audit, we did not note any such findings. Purpose of this Letter The purpose of this management letter is to communicate certain matters prescribed by Chapter 10.550, Rules of the Auditor General. Accordingly, this management letter is not suitable for any other purpose. Fort Lauderdale, Florida March 30, 2023 24 Independent Accountant's Report on Compliance with Local Government Investment Policies To the Honorable Kevin Madok Clerk of the Circuit Court of Monroe County, Florida We have examined the Monroe County, Florida, Clerk of the Circuit Court (the Clerk)compliance with the local government investment policy requirements of Section 218.415, Florida Statutes, during the period from October 1, 2021 to September 30, 2022. Management of the Clerk is responsible for the Clerk's compliance with the specific requirements. Our responsibility is to express an opinion on the Clerk's compliance with the specified requirements based on our examination. Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. Those standards require that we plan and perform the examination to obtain reasonable assurance about whether the Clerk complied, in all material respects, with the specified requirements referenced above. An examination involves performing procedures to obtain evidence about whether the Clerk complied with the specified requirements. The nature, timing and extent of the procedures selected depend on our judgment, including an assessment of the risks of material noncompliance, whether due to fraud or error. We believe that the evidence obtained is sufficient and appropriate to provide a reasonable basis for our opinion. Our examination does not provide a legal determination of the Clerk's compliance with the specified requirements. We are required to be independent and to meet our other ethical responsibilities in accordance with relevant ethical requirements relating to the engagement. In our opinion, the Clerk complied, in all material respects, with the aforementioned requirements of Section 218.415, Florida Statutes, during the period from October 1, 2021 to September 30, 2022. This report is intended solely for the information and use of the Florida Auditor General, the Clerk's office, and applicable management and is not intended to be, and should not be, used by anyone other than these specified parties. a.5 Up Fort Lauderdale, Florida March 30, 2023 25