Department of the Treasury Internal Revenue Service
Public Charity Status and Public Support
Complete if the organization is a section 501(c)(3) organization or a section
4947(a)(1) nonexempt charitable trust.
Attach to Form 990 or Form 990-EZ. See separate instructions.
OMB No. 1545-0047
2010
Open to Public Inspection
Name of the organization
THE FLORIDA AQUARIUM INC
Employer identification number
59-2807815
Part I
Reason for Public Charity Status
(All organizations must complete this part.) See instructions
The organization is not a private foundation because it is: (For lines 1 through 11, check only one box.)
1
2
3
4
5
section 170(b)(1)(A)(iv). (Complete Part II.)
6
7
8
9
receipts from activities related to its exempt functions—subject to certain exceptions, and (2) no more than 331/3% of
its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses
acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.)
10
11
e
By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2).
f
If the organization received a written determination from the IRS that it is a Type I, Type II or Type III supporting organization, check this box
..................................................
g
Since August 17, 2006, has the organization accepted any gift or contribution from any of the following persons?
(i) a person who directly or indirectly controls, either alone or together with persons described in (ii)
Yes
No
and (iii) below, the governing body of the the supported organization?
................
11g(i)
(ii)
a family member of a person described in (i) above?
......................
11g(ii)
(iii)
a 35% controlled entity of a person described in (i) or (ii) above?
................
11g(iii)
h
Provide the following information about the supported organization(s).
(i) Name of supported organization
(ii) EIN
(iii) Type of organization (described on lines 1- 9 above or IRC section (see instructions))
(iv) Is the organization in col. (i) listed in your governing document?
(v) Did you notify the organization in col. (i) of your support?
(vi) Is the organization in col. (i) organized in the U.S.?
(vii) Amount of support?
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 2
Part II
Support Schedule for Organizations Described in IRC 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the
organization failed to qualify under Part III. If the organization fails to
qualify under the tests listed below, please complete Part III.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
1,593,934
2,295,096
1,890,972
2,566,741
1,944,142
10,290,885
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
0
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
0
4
Total. Add lines 1 through 3..
1,593,934
2,295,096
1,890,972
2,566,741
1,944,142
10,290,885
5
The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included
on line 1 that exceeds 2% of the amount shown on line 11, column (f)..
601,593
6
Public Support. Subtract line 5 from line 4.
9,689,292
Section B. Total Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
7
Amounts from line 4..
1,593,934
2,295,096
1,890,972
2,566,741
1,944,142
10,290,885
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
523,530
1,205,829
1,285,132
5,787
2,649
3,022,927
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
0
0
10
Other income. (Explain in Part IV.) Do not include gain or loss from the sale of capital assets..
631,556
975,532
1,108,671
906,177
3,621,936
11
Total support (Add lines 7 through 10).
16,935,748
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
9,828,738
13
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here..........................................
Section C. Computation of Public Support Percentage
14
Public Support Percentage for 2010 (line 6 column (f) divided by line 11 column (f))
.........
14
57.210 %
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
64.320 %
16a
33 1/3% support test—2010.
If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box
and stop here. The organization qualifies as a publicly supported organization
......................
b
33 1/3% support test—2009.
If the organization did not check the box on line 13 or 16a, and line 15 is 33 1/3% or more, check this
box and stop here. The organization qualifies as a publicly supported organization
.....................
17a
10%-facts-and-circumstances test—2010.
If the organization did not check a box on line 13, 16a, or 16b and line 14
is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here. Explain
in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported
organization
..................................................
b
10%-facts-and-circumstances test—2009.
If the organization did not check a box on line 13, 16a, 16b, or 17a and line
15 is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here.
Explain in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported organization
..............................................
18
Private Foundation
If the organization did not check a box on line 13, 16a, 16b, 17a or 17b, check this box and see
instructions
...................................................
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 3
Part III
Support Schedule for Organizations Described in IRC 509(a)(2) (Complete only if you checked the box on line 9 of Part I or if the organization
failed to qualify under Part II. If the organization fails to qualify under
the tests listed below, please complete Part II.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
2
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose......
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
6
Total. Add lines 1 through 5.
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
b
Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year.
c
Add lines 7a and 7b..
8
Public Support (Subtract line 7c from line 6.)
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
9
Amounts from line 6...
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
13
Total support (Add lines 9, 10c, 11 and 12.).
14
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.............................................
Section C. Computation of Public Support Percentage
15
Public Support Percentage for 2010 (line 8 column (f) divided by line 13 column (f))
.........
15
16
Public support percentage from 2009 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2010 (line 10c column (f) divided by line 13 column (f))
......
17
18
Investment income percentage from 2009 Schedule A, Part III, line 17
.............
18
19a
33 1/3% support tests—2010.
If the organization did not check the box on line 14, and line 15 is more than 33 1/3% and line 17 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
..........
b
33 1/3% support tests—2009.
If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3% and line 18 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
....
20
Private Foundation
If the organization did not check a box on line 14, 19a or 19b, check this box and see instructions
.....
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 4
Part IV
Supplemental Information.
Supplemental Information. Complete this part to provide the explanation required by Part II, line 10; Part II, line 17a or 17b; or Part III, line 12. Also complete this part for any additional information. (See instructions).
Facts And Circumstances Test
Explanation
OTHER INCOME, SCHEDULE A, PART II, LINE 10, 2006 = $0; 2007 = $631,556; 2008 = $975,532; 2009 = $1,108,671; 2010 = $906,177,
Schedule A (Form 990 or 990-EZ) 2010
Additional Data
Software ID:
10000128
Software Version:
v2010.1.0
-
TIN:
SCHEDULE O (Form 990 or 990-EZ)
Department of the Treasury Internal Revenue Service
Supplemental Information to Form 990 or 990-EZ
Complete to provide information for responses to specific questions on
Form 990 or to provide any additional information.
Attach to Form 990 or 990-EZ.
OMB No. 1545-0047
2010
Open to Public Inspection
Name of the organization
THE FLORIDA AQUARIUM INC
Employer identification number
59-2807815
Identifier
Return Reference
Explanation
Members or stockholders electing members of governing body
Form 990, Part VI, Section A, Line 7a
THE CITY OF TAMPA, OWNER OF THE AQUARIUM'S BUILDING AND LAND, HAS ENGAGED THE FLORIDA AQUARIUM, INC. TO OPERATE AND MANAGE THE FACILITIES ON THEIR BEHALF. AS A CONDITION OF THIS MANAGEMENT AGREEMENT, THE CITY OF TAMPA IS ALLOWED TO APPOINT 1 MEMBER TO THE AQUARIUM'S BOARD OF DIRECTORS, EXECUTIVE COMMITTEE, AND FINANCE COMMITTEE; AND THE CITY COUNCIL IS ALLOWED TO APPOINT 1 MEMBER TO THE AQUARIUM'S BOARD OF DIRECTORS.
Review of form 990 by governing body
Form 990, Part VI, Section B, Line 11a
A COPY OF THE FORM 990 WAS REVIEWED IN DETAIL BY THE SENIOR VP OF FINANCE/CFO, THE PRESIDENT/CEO, AND THE AUDIT COMMITTEE OF THE BOARD OF DIRECTORS, AND WAS ALSO MADE AVAILABLE TO EACH VOTING MEMBER OF THE ORGANIZATION'S GOVERNING BODY PRIOR TO BEING FILED.
Conflict of interest policy
Form 990, Part VI, Section B, Line 12c
ANNUALLY, THE CONFLICT OF INTEREST POLICY AND QUESTIONNAIRE ARE DISTRIBUTED TO ALL OFFICERS, BOARD MEMBERS, AND INTERESTED PARTIES. THE AQUARIUM'S PRESIDENT/CEO AND SENIOR VP OF FINANCE/CFO ARE RESPONSIBLE FOR COLLECTING AND TRACKING RESPONSES. ANY POTENTIAL CONFLICTS ARE COMMUNICATED TO THE BOARD CHAIRMAN FOR ANALYSIS. ONE OF THE AQUARIUM'S VALUES FOCUSES ON TRANSPARENCY AND OPENNESS. ANY POTENTIAL CONFLICTS ARE OPENLY DISCUSSED AND RESOLVED. BOARD MEMBERS WITH POTENTIAL CONFLICTS WILL EXCUSE THEMSELVES FROM DELIBERATIONS AND DECISIONS THAT MAY BE POTENTIAL CONFLICTS. THE AQUARIUM'S CONTRACT WITH THE CITY OF TAMPA ALSO REQUIRES AN ANNUAL DISCLOSURE OF COMPLIANCE WITH THE CITY'S NON-PROFIT ETHICS ORDINANCE. THIS ORDINANCE REQUIRES THAT A CONFLICT OF INTEREST POLICY BE ADOPTED.
Process used to establish compensation of top management official
Form 990, Part VI, Section B, Line 15a
THE AQUARIUM'S COMPENSATION COMMITTEE OF THE BOARD OF DIRECTORS ESTABLISHES, REVIEWS, AND APPROVES, ON AN ONGOING BASIS, THE COMPENSATION AMOUNT OF THE PRESIDENT/CEO. MEMBERS WITH CONFLICTS OF INTEREST DO NOT PARTICIPATE IN DISCUSSIONS. COMPARABILITY DATA SUCH AS COMPENSATION SURVEYS, FROM THE AZA (ASSOCIATION OF ZOOS AND AQUARIUMS), MERCER, ABB/LANGER, WCEA, PRM, AND THE LOCAL TAMPA BAY REGION AND COMPETITORS ARE USED TO DETERMINE REASONABLENESS OF COMPENSATION LEVEL. THE DELIBERATIONS ARE RECORDED IN THE COMMITTEE MINUTES. THE COMPENSATION COMMITTEE REPORTS ITS ACTIVITIES TO THE BOARD. THIS PROCESS IS UNDERTAKEN ANNUALLY EACH OCTOBER.
Process used to establish compensation of other officers/key employees
Form 990, Part VI, Section B, Line 15b
THE SR. VP OF FINANCE/ CHIEF FINANCIAL OFFICER DIRECTLY REPORTS TO THE PRESIDENT/CEO, AS WELL AS THE REST OF THE SENIOR MANAGEMENT TEAM OF THE AQUARIUM. THE PRESIDENT/CEO PERFORMS A WRITTEN PERFORMANCE EVALUATION WITH EACH OF THESE MEMBERS. THE PRESIDENT'S RECOMMENDATION IS PRESENTED TO THE AQUARIUM'S COMPENSATION COMMITTEE FOR REVIEW AND APPROVAL. THE COMPENSATION COMMITTEE UTILIZES COMPARABILITY DATA SUCH AS INDEPENDENT SALARY SURVEYS TO DETERMINE REASONABLENESS OF THE RECOMMENDED SALARY LEVELS. THE DELIBERATIONS ARE RECORDED IN THE COMMITTEE MINUTES. THE COMPENSATION COMMITTEE REPORTS ITS ACTIVITIES TO THE BOARD. THIS PROCESS IS UNDERTAKEN ANNUALLY EACH OCTOBER.
Public Disclosure
Form 990, Part VI, Section C, Line 19
THE GOVERNING DOCUMENTS, CONFLICT OF INTEREST POLICY, AND FINANCIAL STATEMENTS ARE MADE AVAILABLE TO THE PUBLIC UPON REQUEST. ONCE A REQUEST IS MADE, THE DOCUMENT OR DOCUMENTS ARE EITHER SCANNED AND E-MAILED OR FAXED TO THE REQUESTING PARTY.
HOURS WORKED FOR RELATED ORGANIZATIONS
FORM 990, PART VII, SECTION A, LINE 1A
KIMBERLY CASEY, THOM STORK, AND MARK HANEY DEVOTE 1 HOUR PER WEEK TO THE FLORIDA AQUARIUM FOUNDATION, INC., A RELATED ORGANIZATION.
Other changes in net assets or fund balances
Form 990, Part XI, Line 5
NET UNREALIZED GAINS (LOSSES) ON INVESTMENTS - 45;
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.