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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 shelf 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 />costs, in a form sufficient to determine compliance with the requirements and objectives of the <br />Deliverables and Performance - Attachment B - and all other applicable laws and regulations. <br />(10) AUDITS <br />a. In accounting for the receipt and expenditure of funds under this Agreement, the <br />Recipient shall follow Generally Accepted Accounting Principles ('GAAP"). As defined by 2 C.F.R. <br />§200.49, GAAP "has the meaning specified in accounting standards issued by the Government <br />Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." <br />b. When conducting an audit of the Recipient's performance under this Agreement, the <br />Division shall use Generally Accepted Government Auditing Standards ('GAGAS"). As defined by 2 <br />C.F.R. §200.50, GAGAS, 'also known as the Yellow Book, means generally accepted government <br />auditing standards issued by the Comptroller General of the United States, which are applicable to <br />financial audits." <br />C. If an audit shows that all or any portion of the funds disbursed were not spent in ) <br />accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to <br />the Division of all funds not spent in accordance with these applicable regulations and Agreement <br />provisions within thirty days after the Division has notified the Recipient of such non-compliance. <br />d. The Recipient shall have all audits completed by an independent auditor, which is <br />defined in Section 215.97(2)(1), Florida Statutes, as 'an independent certified public accountant licensed <br />under chapter 473." The independent auditor shall state that the audit complied with the applicable <br />provisions noted above. The audits must be received by the Division no later than nine months from the <br />end of the Recipient's fiscal year. <br />a. The Recipient shall send copies of reporting packages required under this paragraph <br />directly to each of the following: <br />P191 <br />