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2017-133
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2017-133
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Last modified
1/2/2020 9:30:01 AM
Creation date
9/20/2017 11:11:12 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/19/2017
Control Number
2017-133
Agenda Item Number
8.I.
Entity Name
Florida Division of Emergency Management
Homeland Security, Division of
Subject
Federally-Funded Subaward and Grant
Project Number
18-FG-7A-10-40-01-169
Alternate Name
Hazard Preparatoin
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agency or the Division designates as sensitive or the Sub -Recipient considers sensitive consistent with <br />applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. <br />G. 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: <br />(1) Meetings of public boards or commissions must be open to the public; <br />(2) Reasonable notice of such meetings must be given; and, <br />(3) Minutes of the meetings must be taken and promptly recorded. <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 open government requirements. However, the Government in the Sunshine Law <br />applies to private entities that provide services to governmental agencies and that act on behalf of those <br />agencies in the agencies' performance of their public duties. If a public agency delegates the <br />performance of its public purpose to a private entity, then, to the extent that private entity is performing <br />that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire <br />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 Sub -Recipient based upon the funds provided under this Agreement, the meetings of the Sub - <br />Recipient's governing board or the meetings of any subcommittee making recommendations to the <br />governing board may be subject to open government requirements. These meetings shall be publicly <br />noticed, open to the public, and the minutes of all the meetings shall be public records, available to the <br />public in accordance with Chapter 119, Florida Statutes. <br />H. 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 />I. The Sub -Recipient shall maintain all records for the Sub -Recipient and Thr all <br />subcontractors or consultants to be paid from funds provided under this Agreement, including <br />documentation of all program costs, in a form sufficient to determine compliance with the requirements <br />12 <br />
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