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2019-113
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2019-113
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Last modified
12/27/2019 1:59:58 PM
Creation date
9/9/2019 10:21:33 AM
Metadata
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Template:
Official Documents
Official Document Type
Grant
Approved Date
08/13/2019
Control Number
2019-113
Agenda Item Number
8.E.
Entity Name
State of Florida, Division of Emergency Management
Subject
Emergency Management Preparedness Assistance Grant (EMPG)
Federally-Funded Subgrant Agreement G002 to operate Emergency Management Program
Project Number
G0002
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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: (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 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 for 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 />and objectives of the Budget (Attachment A) and Scope of Work (Attachment B) and all other applicable <br />laws and regulations. <br />j. <br />8 <br />
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