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2021-070
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2021-070
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e. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept <br />paper versions of Agreement information to and from the Sub -Recipient upon request. If paper copies <br />are submitted, then the Division must not require more than an original and two copies. When original <br />records are electronic and cannot be altered, there is no need to create and retain paper copies. When <br />original records are paper, electronic versions may be substituted through the use of duplication or other <br />forms of electronic media provided that they are subject to periodic quality control reviews, provide <br />reasonable safeguards against alteration, and remain readable. <br />f. As required by 2 C.F.R. §200.303, the Sub -Recipient shall take reasonable measures <br />to safeguard protected personally identifiable information and other information the Federal awarding <br />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: (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 />11 <br />
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