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2023-263
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Last modified
2/5/2024 9:24:59 AM
Creation date
1/4/2024 11:53:52 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/12/2023
Control Number
2023-263
Agenda Item Number
8.K.
Entity Name
State of Florida Division of Emergency Management
Subject
Hazard Mitigation Agreement D1495 for Dune Restoration within Beach Management Sector 4
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(9) RECORDS <br />a. As a condition of receiving state financial assistance, and as required by sections <br />20.055(6)(c) and 215.97(5)(b), Florida Statutes, the Division, the Chief Inspector General of the State of <br />Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of <br />access to any documents, financial statements, papers, or other records of the Recipient which are <br />pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of <br />access also includes timely and reasonable access to the Recipient's personnel for the purpose of <br />interview and discussion related to such documents. For the purposes of this section, the term "Recipient" <br />includes employees or agents, including all subcontractors or consultants to be paid from funds provided <br />under this Agreement. <br />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/general-records-schedules/. <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) all 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 />4 <br />
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