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Fiscal Year 2010 MONROE COUNTY, FLORIDA TAX COLLECTOR Special-Purpose Financial Statements For the Year Ended September 30, 2010 MONROE COUNTY, FLORIDA TAX COLLECTOR Special-Purpose Financial Statements, Required Supplementary Information, Other Financial Information, and Independent Auditors' Report Year Ended September 30, 2010 Table of Contents Page Independent Auditors' Report......................................................................................... 2 - 3 SPECIAL-PURPOSE FINANCIAL STATEMENTS Special-Purpose Balance Sheet - General Fund _________________________________________________ 4 Special-Purpose Statement of Revenues, Expenditures and Changes in Fund Balance - General Fund 5 .............................................................................. Special-Purpose Statement of Fiduciary Assets and Liabilities - AgencyFunds .......................................................................................................... 6 Notes to Special-Purpose Financial Statements __________________________________________________ 7 - 13 REQUIRED SUPPLEMENTARY INFORMATION Schedule of Revenues and Expenditures - Budget and Actual - GeneralFund .......................................................................................................... 14 OTHER SUPPLEMENTARY INFORMATION Agency Fund Descriptions ....................................................................................... 15 Special-Purpose Combining Statement of Changes in Assets and Liabilities -All Agency Funds ................................................................................ 16 SUPPLEMENTARY INDEPENDENT AUDITORS' REPORTS Independent Auditors' Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of the Special-Purpose Financial Statements Performed in Accordance with Government Auditing Standards....................................... 17 - 18 Independent Auditors' Management Letter........................................................... 19 - 20 INDEPENDENT AUDITORS' REPORT To the Honorable Danise D. Henriquez, Tax Collector of Monroe County, Florida: We have audited the special-purpose financial statements of the major fund and the aggregate remaining fund information of the Monroe County, Florida Tax Collector (the "Tax Collector") as of and for the year ended September 30, 2010, which collectively comprise the Tax Collector's basic financial statements as listed in the table of contents. These special-purpose financial statements are the responsibility of the Tax Collector's management. Our responsibility is to express opinions on these special-purpose financial statements based on our audit. We conducted our audit 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 special-purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the special-purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall special-purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. As discussed in Note 1, the accompanying special-purpose financial statements were prepared for the purpose of complying with Section 218.39(2), Florida Statutes, and Chapter 10.550, Rules of the Auditor General-Local Government Entity Audits, and are not intended to be a complete presentation of the financial position and changes in financial position of the Tax Collector. Additionally, the special-purpose financial statements present only the Tax Collector and are not intended to present the financial position and changes in financial position of Monroe County, Florida, taken as a whole. In our opinion, the special-purpose financial statements referred to above present fairly, in all material respects, the financial position of the major fund and the aggregate remaining fund information of the Monroe County, Florida Tax Collector as of September 30, 2010, and the respective changes in financial position thereof for the year then ended, in conformity with accounting principles generally accepted in the United States of America. 2 In accordance with Government Auditing Standards, we have also issued our report dated February 2, 2011, on our consideration of the Tax Collector'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 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. The budgetary comparison schedule on page 14 is not a required part of the special- purpose financial statements but is supplementary information required by the Governmental Accounting Standards Board. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and we express no opinion on it. Our audit was conducted for the purpose of forming opinions on the special-purpose financial statements. The accompanying combining statement of changes in assets and liabilities — all agency funds is presented for purposes of additional analysis and is not a required part of the special-purpose financial statements. Such information has been subjected to the auditing procedures applied in the audit of the special-purpose financial statements and, in our opinion, is fairly stated, in all material respects, in relation to the special-purpose financial statements taken as a whole. This report is intended solely for the information and use of the Tax Collector's management and the Florida Auditor General, and is not intended to be and should not be used by anyone other than these specified parties. CHERRY BEKAERT & HOLLAND, L.L.P. "\► JuA. Orlando, Florida February 2, 2011 3 SPECIAL-PURPOSE FINANCIAL STATEMENTS MONROE COUNTY, FLORIDA TAX COLLECTOR Special-Purpose Balance Sheet General Fund September 30, 2010 Assets Cash and cash equivalents $ 3,645,129 Accounts receivable 637 Due from Board of County Commissioners 9,119 Due from other governments 4,754 Total Assets $ 3,659,639 Liabilities and Fund Balance Liabilities Accounts payable $ 14,372 Accrued wages and benefits payable 141,832 Due to Board of County Commissioners 3,168,844 Due to other governmental units 334,591 Total Liabilities 3,659,639 Fund Balance - Total Liabilities and Fund Balance $ 3,659,639 See notes to the special-purpose financial statements. 4 MONROE COUNTY, FLORIDA TAX COLLECTOR Special-Purpose Statement of Revenues, Expenditures and Changes in Fund Balance General Fund Year Ended September 30, 2010 Revenues Charges for services $ 2,466,182 Expenditures General government Personnel services 2,858,775 Operating expenditures 621,274 Total expenditures 3,480,049 Excess of expenditures over revenues (1,013,867) Other financing sources (uses) Transfers from Board of County Commissioners 4,517,302 Transfers to Board of County Commissioners (3,168,844) Transfers to other governmental units (334,591) Total other financing sources 1,013,867 Excess of revenues over expenditures and other - financing uses Fund balance at beginning of year - Fund balance at end of year $ - See notes to the special-purpose financial statements. 5 MONROE COUNTY, FLORIDA TAX COLLECTOR Special-Purpose Statement of Fiduciary Assets and Liabilities Agency Funds September 30, 2010 Assets Cash and cash equivalents $ 5,494,562 Due from individuals 2,374 Total assets $ 5,496,936 Liabilities Undistributed collections $ 5,474,940 Due to individuals 21,996 Total liabilities $ 5,496,936 See notes to the special-purpose financial statements. 6 MONROE COUNTY, FLORIDA TAX COLLECTOR Notes to Special-Purpose Financial Statements Year Ended September 30, 2010 Note 1 - Summary of significant accounting policies Reporting Entity— The Monroe County, Florida Tax Collector (the "Tax Collector") is a separately elected county official established pursuant to the Constitution of the State of Florida. The Tax Collector's financial statements do not purport to reflect the financial position or the results of operations of Monroe County, Florida (the "County") taken as a whole. Entity status for financial reporting purposes is governed by Statements No. 14, as amended by Statement No 39, of the Governmental Accounting Standards Board (GASB). Although the Tax Collector's Office is operationally autonomous, it does not hold sufficient corporate powers of its own to be considered a legally separate entity for financial reporting purposes. Therefore, the Tax Collector is reported as a part of the primary government of the County. Description of Funds — The accounting records are organized for reporting purposes on the basis of a governmental fund and fiduciary funds. General Fund — The General Fund is used to account for all revenues and expenditures applicable to the general operations of the Tax Collector that are not required legally or by accounting principles generally accepted in the United States of America to be accounted for in another fund. Fiduciary Funds — Fiduciary funds of the Tax Collector are Agency Funds, which are used to account for assets held by the Tax Collector as an agent. Measurement Focus, Basis of Accounting, and Financial Statement Presentation — The Tax Collector's special-purpose financial statements are prepared for the purpose of complying with Section 218.39(2), Florida Statutes, and Chapter 10.550, Rules of the Auditor General for Local Governmental Entity Audits (the "Rules"), which requires the Tax Collector to only present fund financial statements. In conformity with the Rules, the Tax Collector has not presented the government-wide financial statements, related disclosures or management's discussion and analysis, which are required to present a complete presentation of its financial position and changes in financial position. 7 MONROE COUNTY, FLORIDA TAX COLLECTOR Notes to Special-Purpose Financial Statements Year Ended September 30, 2010 Note 1 - Summary of significant accounting policies (continued) The General Fund is used to account for all revenues and expenditures applicable to the general operations of the Tax Collector. This fund is presented as a major governmental fund and uses 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 Tax Collector considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, expenditures related to compensated absences and claims and judgments are recorded only when payment is due. The extent to which General Fund revenues exceed General Fund expenditures is reflected as transfers out and as liabilities to the Monroe County Board of County Commissioners (the "Board") and other governmental agencies in the same proportion as fees paid by each governmental unit to total fees earned by the Tax Collector. The Tax Collector reports the General Fund as a major governmental fund and agency funds as a fiduciary fund type. Agency funds are custodial in nature and do not involve measurement of results of operations. Budgetary Requirements — Expenditures are controlled by budget appropriations in accordance with the budget requirements set forth in the Florida Statutes. The budget is prepared on a basis consistent with accounting principles generally accepted in the United States of America. Cash and Cash Equivalents — The Tax Collector's cash and cash equivalents consist of demand deposits and highly liquid investments with maturities of 90 days or less when purchased. All investments are reported at fair value. Capital Assets — Tangible personal property used in the Tax Collector's operations are recorded as expenditures in the General Fund at the time assets are received and a liability is incurred. Purchased assets are capitalized at historical cost in the government-wide financial statements of the County. In addition, the Board provides administrative office space used by the Tax Collector at no charge. 8 MONROE COUNTY, FLORIDA TAX COLLECTOR Notes to Special-Purpose Financial Statements Year Ended September 30, 2010 Note 1 - Summary of significant accounting policies (continued) Compensated Absences — The Tax Collector permits employees to accumulate earned but unused vacation and sick pay benefits. A summary of activity for the Property Appraiser's compensated absences obligation is as follows: Balance, October 1, 2009 $141,177 Additions 200,789 Deletions 210,692 Balance, September 30, 2010 131 274 Use of Estimates - The preparation of financial statements requires management to make use of estimates that affect reported amounts. Actual results could differ from estimates. Note 2 — Deposits and Investments As of September 30, 2010, the Tax Collector has demand deposits with a carrying amount of$9,129,965, a bank balance of$9,236,308, and petty cash funds of$9,725. The Tax Collector places its cash and cash equivalents on deposit with financial institutions in the United States. The Federal Deposit Insurance Corporation (FDIC) covers $250,000 for substantially all depository accounts. The Tax Collector from time to time may have amounts on deposit in excess of the insured limits and the remaining balances are insured 100% by the State of Florida collateral pool, a multiple institution pool with the ability to assess its members for collateral if a member institution fails. Florida Statutes and the Tax Collector's investment policy authorize investments in certificates of deposit, savings accounts, repurchase agreements, Local Government Surplus Funds Trust Fund administered by the Florida State Board of Administration, money market funds, direct obligations of the U.S. Treasury and federal agencies and instrumentalities. 9 MONROE COUNTY, FLORIDA TAX COLLECTOR Notes to Special-Purpose Financial Statements Year Ended September 30, 2010 Note 3 — Retirement System Plan Description— The Tax Collector's employees participate in the Florida Retirement System ("FRS"), administered by the Florida Department of Administration. Employees elect to participate in either the defined benefit plan ("Pension Plan"), a cost sharing, multiple-employer, defined benefit retirement plan, or the defined contribution plan ("Investment Plan") under the FRS. 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. Benefits under the Pension Plan are computed on the basis of age, average final compensation, and service credit. Regular class employees who retire at or after age 62 with 6 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 for each year of credited service. Vested employees with less than 30 years of service may retire before age 62 and receive reduced retirement benefits. Special risk class employees (sworn law enforcement officers, firefighters, and correctional officers) who retire at or after age 55 with 6 years of credited service, or with 25 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 for each year of credited service. Senior Management Service class employees who retire at or after age 62 with at least 6 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 for each year of credited service. Elected Officers' class employees who retire at or after age 62 with at least 6 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% (3.33% for judges and justices) of their final average compensation for each year of credited service. A post-employment health insurance subsidy is also provided to eligible retired employees through the FRS in accordance with Florida Statutes. 10 MONROE COUNTY, FLORIDA TAX COLLECTOR Notes to Special-Purpose Financial Statements Year Ended September 30, 2010 Note 3 — Retirement System (continued) In addition to the above benefits, the FRS administers a Deferred Retirement Option Program ("DROP"). This program allows eligible employees 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. Effective July 1, 1998, the Legislature established a Deferred Retirement Option Program ("DROP"). Under DROP, employees may retire and have their benefits accumulate in the FRS Trust Fund, earning interest, while continuing to work for an FRS employer. Participation in DROP does not change conditions of employment. When the DROP period, which may be for a maximum of sixty months, ends employment must be terminated. At the time of termination employees will receive payment of their accumulated DROP benefits, and will begin receiving their monthly retirement benefits in the same amount determined at retirement, plus annual cost-of-living increases.For employees electing to participate in the Investment Plan rather than the Pension Plan, vesting occurs at one year of service. These participants receive a contribution of self-direction in an investment product with a third party administrator selected by the State Board of Administration. 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, 2639 North Monroe Street, Building C, Tallahassee, Florida 32299-1560 or accessing their intereet site at www.frs.state.fl.us. Funding Policy — The FRS is noncontributory for members. Governmental employers are required to make contributions to the FRS based on statewide contribution rates. The contribution rates by job class at September 30, 2010 were as follows: regular, 10.77%; special risk, 23.25%; special risk administrative support, 13.24%; county elected officers, 18.64%; senior management, 14.57%; and DROP participants, 12.25%. These rates became effective on July 1, 2010. During the fiscal year ended September 30, 2010, the Tax Collector contributed to the Plan an amount equal to 10.53% of covered payroll. Tax Collector contributions to the FRS for the fiscal years ended September 30, 2008 through 2010 were $248,597, $249,060 and $255,448, respectively, which were equal to the required contributions for each fiscal year. The Tax Collector has historically contributed amounts equal to required contributions and, therefore, does not have a pension asset or liability as determined in accordance with GASB Statement No. 27. 11 MONROE COUNTY, FLORIDA TAX COLLECTOR Notes to Special-Purpose Financial Statements Year Ended September 30, 2010 Note 4 — Other Postemployment Benefits (OPEB) Plan The Monroe County Board of County Commissioners (BOCC) administers a single- employer defined benefits healthcare plan (the "Plan"). Florida Statutes 112.0801 requires the County to provide retirees and their eligible dependents with the option to participate in the Plan if the County provides health insurance to its active employees and their eligible dependents. The Plan provides medical coverage and prescription drug benefits to both active and eligible retired employees. The Plan does not issue a publicly available financial report. The BOCC may amend the plan design, with changes to the benefits, premiums and/or levels of participant contribution at any time. In an open session, on at least an annual basis and prior to the annual enrollment process, the BOCC approves the rates for the coming calendar year for the retiree and County contributions. Eligibility for post employment participation in the Plan is limited to full time employees of the County, and the Constitutional Officers. Employees who retire as an active participant in the Plan and were hired on or after October 1, 2001 may continue to participate in the Plan by paying the monthly premium established annually by the BOCC. Employees who retire as an active participant in the plan, were hired before October 1, 2001, have at least ten years of full time service with the County, and meet the retirement criteria of the Florida Retirement System (FRS) may continue to participate in the Plan at a cost equal to the FRS Health Insurance Subsidy for ten years of service (currently $5 per month for each year of service credit at retirement or $50 per month). 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 equal to the FRS Health Insurance Subsidy. Surviving spouses and dependents of participating retirees may continue in the plan if eligibility criteria specific to those classes are met. The BOCC engages an actuarial firm on a biannual basis to determine the County's actuarially determined annual required contribution and unfunded obligation. The Tax Collector has no responsibility to the Plan other than to make the periodic payments determined by the BOCC. Further information about the Plan is available in the County's Comprehensive Annual Financial Report which is published on the Clerk's website at www. clerk-of-the-court.com. 12 MONROE COUNTY, FLORIDA TAX COLLECTOR Notes to Special-Purpose Financial Statements Year Ended September 30, 2010 Note 5 — Risk Management The Tax Collector 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 Tax Collector participates in the coverage provided by the Board for Worker's Compensation, Group Insurance, and Risk Management internal service funds. Under these programs, Worker's Compensation provides $1,000,000 coverage per claim for regular employees. Risk Management has a $5,000,000 excess insurance policy for general liability claims with a $100,000 self-insured retention, and building property damage is covered for the actual value of the buildings with a deductible between $100,000 and $250,000. Deductibles for windstorm and flood vary by location. The 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. The Tax Collector makes payments to the Worker's Compensation, Group Insurance and Risk Management Funds based on estimates of the amounts needed to pay prior and current year claims. Note 6 — Commitments Operating Leases — The Tax Collector leases office space and equipment under operating lease agreements. Total lease payments made in 2010 were $86,424. The following is a schedule by years of future minimum rentals under noncancelable operating leases as of September 30, 2010: Year Ending Lease September 30 Payments 2011 $ 717173 2012 697335 2013 417809 2014 347413 2015 35.296 Total $ 252,026 Note 7 — Litigation The Tax Collector 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 Tax Collector's financial position. 13 REQUIRED SUPPLEMENTARY INFORMATION MONROE COUNTY,FLORIDA TAX COLLECTOR Schedule of Revenues and Expenditures Budget and Actual-General Fund Year Ended September 30,2010 General Fund Variance Original Final Positive Budget Budget Actual (Negative) Revenues Charges for services $ 2,121,351 $ 2,121,351 $ 2,466,182 $ 344,831 Expenditures General government Personnel services 2,997,639 2,997,639 2,858,775 138,864 Operating expenditures 659,084 659,084 621,274 37,810 Total expenditures 3,656,723 3,656,723 3,480,049 176,674 Excess of expenditures over revenues (1,535,372) (1,535,372) (1,013,867) 521,505 Other financing sources(uses) Transfer from Board of County Commissioners 3,810,190 3,810,190 4,517,302 707,112 Transfer to Board of County Commissioners (2,274,818) (2,274,818) (3,168,844) (894,026) Transfer to other governmental units - - (334,591) (334,591) Total other financing sources(uses) 1,535,372 1,535,372 1,013,867 (521,505) Excess of revenues over expenditures and other financing sources(uses) $ - $ - $ - $ 14 OTHER SUPPLEMENTARY INFORMATION MONROE COUNTY, FLORIDA TAX COLLECTOR Agency Fund Descriptions The Combining Statement of Changes in Assets and Liabilities—All Agency Funds is presented on the following page. The purpose of each fund shown on this statement is described below. Property Tax Agency Fund — To account for the collection and distribution of local property tax funds. Licenses Agency Fund — To account for the collection and distribution of funds generated from the sale of miscellaneous state licenses. 15 MONROE COUNTY, FLORIDA TAX COLLECTOR Special-Purpose Combining Statement of Changes in Assets and Liabilities All Agency Funds Year Ended September 30, 2010 Balance Balance September 30, September 30, 2009 Additions Deletions 2010 Property Tax Agency Assets Cash and cash equivalents $ 5,340,105 $ 281,499,383 $ 281,500,654 $ 5,338,834 Due from individuals 55 1,545 1,540 60 $ 5,340,160 $ 281,500,928 $ 281,502,194 $ 5,338,894 Liabilities Undistributed collections $ 5,232,196 $ 262,096,330 $ 262,009,965 $ 5,318,561 Due to individuals 107,964 19,404,598 19,492,229 20,333 $ 5,340,160 $ 281,500,928 $ 281,502,194 $ 5,338,894 Licenses Agency Fund Assets Cash and cash equivalents $ 151,977 $ 13,444,953 $ 13,441,202 $ 155,728 Due from individuals 3,465 - 1,151 2,314 $ 155,442 $ 13,444,953 $ 13,442,353 $ 158,042 Liabilities Undistributed collections $ 154,746 $ 13,418,582 $ 13,416,949 $ 156,379 Due to individuals 696 26,371 25,404 1,663 $ 155,442 $ 13,444,953 $ 13,442,353 $ 158,042 Total -All Agency Funds Assets Cash and cash equivalents $ 5,492,082 $ 294,944,336 $ 294,941,856 $ 5,494,562 Due from individuals 3,520 1,545 2,691 2,374 $ 5,495,602 $ 294,945,881 $ 294,944,547 $ 5,496,936 Liabilities Undistributed collections $ 5,386,942 $ 275,514,912 $ 275,426,914 $ 5,474,940 Due to individuals 108,660 19,430,969 19,517,633 21,996 $ 5,495,602 $ 294,945,881 $ 294,944,547 $ 5,496,936 16 SUPPLEMENTARY INDEPENDENT AUDITORS' REPORTS INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF THE SPECIAL-PURPOSE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Honorable Danise D. Henriquez, Tax Collector of Monroe County, Florida: We have audited the special-purpose financial statements of the major fund and the aggregate remaining fund information of the Monroe County, Florida Tax Collector (the "Tax Collector") as of and for the year ended September 30, 2010, which collectively comprise the Tax Collector's special-purpose financial statements, and have issued our report thereon dated February 2, 2011 for the purpose of compliance with Section 218.39(2), Florida Statutes, and Chapter 10.550, Rules of the Auditor General-Local Governmental Entity Audits. We conducted our audit 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. Internal Control over Financial Reporting In planning and performing our audit, we considered the Tax Collector's internal control over financial reporting as a basis for designing our audit procedures for the purpose of expressing our opinion on the special-purpose financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Tax Collector's internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the Tax Collector's internal control over financial reporting. 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 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. Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over financial reporting that might be deficiencies, significant deficiencies, or material weaknesses. We did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses, as defined above. 17 Compliance and Other Matters As part of obtaining reasonable assurance about whether the Tax Collector's special- purpose 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 special-purpose 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. This report is intended solely for the information and use of Tax Collector's management and the Florida Auditor General, and is not intended to be, and should not be used by anyone other than these specified parties. CHERRY, BEKAERT & HOLLAND, L.L.P. "\► JuA. Orlando, Florida February 2, 2011 18 INDEPENDENT AUDITORS' MANAGEMENT LETTER To the Honorable Danise D. Henriquez, Tax Collector of Monroe County, Florida: We have audited the special-purpose financial statements of the major fund and the aggregate remaining fund information of the Monroe County, Florida Tax Collector (the "Tax Collector"), as of and for the year ended September 30, 2010, and have issued our report thereon dated February 2, 2011. We conducted our audit 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. We have issued our Report of Independent Certified Public Accountants on Compliance and Other Matters based on an Audit of Special-Purpose Financial Statements Performed in Accordance with Government Auditing Standards. Disclosures in this report, which is dated February 2, 2011, should be considered in conjunction with this management letter. Additionally, our audit was conducted in accordance with Chapter 10.550, Rules of the Auditor General-Local Governmental Entity Audits, which govern the conduct of local government entity audits performed in the State of Florida. This letter includes the following information, which is not included in the aforementioned auditors' report. Section 10.554(1)(i)1., 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 report. No recommendations were made in the preceding annual financial audit report. Section 10.554(1)(i)2., Rules of the Auditor General, requires our audit to include a review of the provisions of Section 218.145, Florida Statutes, regarding the investment of public funds. In connection with our audit of the special-purpose financial statements of the Tax Collector, nothing came to our attention that could cause us to believe that the Tax Collector was in noncompliance with Section 218.415 regarding the investment of public funds. 19 Section 10.554(1)(i)3., Rules of the Auditor General, requires that we address in the management letter any recommendations to improve financial management. In connection with our audit, we did not have any such recommendations. Section 10.554(1)(i)4., Rules of the Auditor General, requires that we address violations of provisions of contracts and grant agreements, or abuse, that have occurred, or are likely to have occurred, that have an effect on the special-purpose financial statements that is less than material but more than inconsequential. In connection with our audit, we did not have any such findings. Section 10.554(1)(i)5., Rules of the Auditor General, provides that the auditor may, based on professional judgment, report the following matters that have an inconsequential effect on financial statements, considering both quantitative and qualitative factors: (1) violations of provisions of contracts or grant agreements, fraud, illegal acts, or abuse, and (2) deficiencies in internal control that are not significant deficiencies. In connection with our audit, we did not have any such findings. Section 10.554(1)(i)6., 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 this management letter, unless disclosed in the notes to the special-purpose financial statements. The Tax Collector is a separately elected county official established pursuant to the Constitution of the State of Florida. There are no component units related to the Tax Collector. Pursuant to Chapter 119, Florida Statutes, this management letter is a public record and its distribution is not limited. Auditing standards generally accepted in the United States of America requires us to indicate that this letter is intended solely for the information and use of the Tax Collector's management and the Florida Auditor General, and is not intended to be and should not be used by anyone other than these specified parties. CHERRY, BEKAERT & HOLLAND, L.L.P. C3 • `� L Orlando, Florida February 2, 2011 20