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2016-181
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2016-181
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Last modified
11/10/2016 11:14:29 AM
Creation date
11/10/2016 11:14:20 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/18/2016
Control Number
2016-181
Agenda Item Number
8.Q.
Entity Name
Florida Division of Emergency Management
Subject
State Funded Grant Agreement
Emergency Management Preparedness Assistance
Project Number
17-BG-83-10-40-01-037
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B. The Recipient shall maintain all records related to this Agreement for the period of <br /> time specified in the appropriate retention schedule published by the Florida Department of State. <br /> Information regarding retention schedules can be obtained at: http://dos.myflorida.com/library- <br /> archives/records-management/q en era I-records-schedu les/. <br /> C. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) <br /> provides the citizens of Florida with a right of access to governmental proceedings and mandates three, <br /> basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) <br /> reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and <br /> promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to <br /> bring that entity within the ambit of the open government requirements. However, the Government in the <br /> Sunshine Law applies to private entities that provide services to governmental agencies and that act on <br /> behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates <br /> the performance of its public purpose to a private entity, then, to the extent that private entity is <br /> performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer <br /> fire department provides firefighting services to a governmental entity and uses facilities and equipment <br /> purchased with public funds, then the Government in the Sunshine Law applies to board of directors for <br /> that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to <br /> the Recipient based upon the funds provided under this Agreement, the meetings of the Recipient's <br /> governing board or the meetings of any subcommittee making recommendations to the governing board <br /> may be subject to open government requirements. These meetings shall be publicly noticed, open to the <br /> public, and the minutes of all the meetings shall be public records, available to the public in accordance <br /> with Chapter 119, Florida Statutes. <br /> D. Florida's Public Records Law provides a right of access to the records of the state <br /> and local governments as well as to private entities acting on their behalf. Unless specifically exempted <br /> from disclosure by the Legislature, all materials made or received by a governmental agency (or a private <br /> entity acting on behalf of such an agency) in conjunction with official business which are used to <br /> perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. <br /> The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity <br /> within the ambit of the public record requirements. However, when a public entity delegates a public <br /> function to a private entity, the records generated by the private entity's performance of that duty become <br /> public records. Thus, the nature and scope of the services provided by a private entity determine whether <br /> that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's <br /> Public Records Law. <br /> E. The Recipient shall maintain all records for the Recipient and for all subcontractors or <br /> consultants to be paid from funds provided under this Agreement, including documentation of all program <br /> 6 <br />
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