Fort Walton Beach Council agenda — 08-23-11 regular — reading text

f The Requesting Party is requesting personal information and declares that it is qualified to obtain personal information under the following exception numbers , as listed in Attachment 1, authorized by the Driver Privacy xO Protection Act: . Personal information will be used as follows: c0mtNE Q D The Requesting Party is authorized to receive a 9 -digit social security number _ a 4 -digit social security number, pursuant to Chapter 119, F. S., or other applicable laws. D The Requesting Party is authorized to receive insurance data on a per record basis for the purposes, pursuant to section 713. 78( 4)( b), F. S., or other applicable laws. The Requesting Party may only re- release this information to parties authorized to receive it under section 713. 78(4)( b), F. S. Received by ( Initial /Date) Data Exchange MOD (Rev. 05 -10 -2011) Page 1 of 7 Packet Pg. 23  0 I. Definitions A. " Driver' s Privacy Protection Act" (DPPA) —18 United States Code section 2721 at seq. B. " Providing Agency" — The Department of Highway Safety and Motor Vehicles. The agency responsible for granting access to driver license and /or motor vehicle data to the Requesting Party. C. " Requesting Party" — Any entity type that is expressly authorized by section 119. 0712(2), Florida Statutes and DPPA to receive personal information and highly restricted personal information that requests information contained in a driver license, motor vehicle, or traffic crash record. D. " Parties" —The Providing Agency and the Requesting Party. E. " Third Party" — Any individual, association, organization, or corporate entity who receives driver license awmec and /or motor vehicle data maintained and released by the Providing Agency or Requesting Party. F. " Government Entity" — Any federal, state, county, county officer, or city government, including any court or vmc law enforcement agency. 0 E G. " Network Provider' —A Requesting Party whose access is provided by remote electronic means through the v' System to request specific types of data at a minimum of 5, 000 transactions per month. A six ( 6) month N startup period will be allowed for new Network Providers, during which time, less than 5, 000 transactions per month will be accepted. fEEm H. " Personal Information" — Information found in the motor vehicle or driver record which includes, but is not limited to, the subject' s driver identification number, name, address, telephone number, and medical or disability information. Personal information does not include information related to vehicular crashes, driving violations, and drivers status. NS0 I. " Vendor Number" — A unique number assigned to the Requesting Party by the Providing Agency that mn identifies the type of record authorized for release and it' s associated fees. Misuse of a vendor number to obtain information is strictly prohibited and shall be grounds for termination in accordance with Section IX. e J. " Driver license information" — driver license and identification card data collected and maintained by the N Providing Agency. 00f K. " Motor vehicle information" —title and registration data collected and maintained by the Providing Agency for rn vehicles, and mobile homes. III. Legal Authority wLNuX The Providing Agency maintains computer databases containing information pertaining to driver licenses and motor 9m0 vehicles pursuant to Chapters 319, 320, and 322, Florida Statutes; and The driver license and motor vehicle data contained in the Providing Agency databases is defined as public record WSD pursuant to Chapter 119, Florida Statutes; and The Providing Agency as custodian of the foregoing records may provide access by remote electronic means and charge a fee for the direct and indirect costs of providing such access, pursuant to sections 119. 0712( 2), 320. 05, cvEL N 321. 23, and 322. 20, Florida Statutes, and other applicable rules and policies; and The Requesting Party might obtain via remote electronic means blocked personal information exempt from public disclosure as provided pursuant to section 119. 0712(2), Florida Statutes, the Requesting Party shall maintain the confidential and exempt status of such data. Anyone accessing records obtained per this agreement must ensure that the end users of the records are complying with section 119.0712(2), Florida Statutes and DPPA. The Parties, in consideration of the promised and mutual covenants hereinafter contained, do hereby enter into this MOU. Data Exchange MOU ( Rev. 05 - 10 -2011) Page 2 of 7 Packet Pg. 24'  8. 2A IV. Statement of Work A. The Providing Agency agrees to: 1. Provide the Requesting Party with the technical specifications required to access driver license and /or motor vehicle information in accordance with the access method being requested. 2. Allow the Requesting Party/ Network Provider to electronically access driver license and /or motor vehicle data. 3. Accept the Requesting Party/ Network Providers electronic requests and respond with appropriate data. At a minimum, 90% of the responses to electronic requests from Network Providers will occur within 15 seconds of receiving the transaction. 4. Collect all fees, pursuant to applicable Florida Statutes, rules and policies for providing the electronically S requested data. The fee shall include all direct and indirect costs of providing remote electronic access, according to section 119. 07( 2)( c), Florida Statutes. 0 5. Collect all fees due for electronic requests through the Automated Clearing House account of the E banking institution which has been designated by the treasurer of the State of Florida for such purposes. v' 6. Discontinue access of the Requesting Party for non -payment of required fees. The Providing Agency cNo shall not be responsible for the failure, refusal, or inability of the Requesting Party /Network Provider to E make the required payments, or interest on late payments for periods of delay attributable to the action 2 or inaction of Network Providers. f 7. Not indemnify or be liable to the Requesting Party /Network Provider for any driver license or motor No vehicle information, programs, job streams, or similar items delayed, lost, damaged, or destroyed as a result of the electronic exchange of data pursuant to this MOU, except as provided in section 768. 28, m Florida Statutes. 8. Notify the Requesting Party /Network Provider thirty ( 30) days prior to changing any fee schedules when it is reasonable and necessary to do so, as determined by the Providing Agency. All fees are established by Florida law. Any changes in fees shall be effective on the effective date of the h corresponding law change. The Requesting Party/Network Provider may continue with this MOU as C modified or it may terminate the MOU in accordance with SectionlX., subject to the payment of all fees f incurred prior to termination. w c 9. Perform all obligations to provide access under this MOU contingent upon an annual appropriation by the Legislature. w 10. Provide electronic access for Network Providers to driver license and/or motor vehicle information 24 BE hours a day, 7 days per week other than scheduled maintenance or other uncontrollable disruptions. Scheduled maintenance normally occurs Sunday mornings between the hours of 6: OOAM and 10: OOAM. jM 11. Provide an