Okaloosa County BOCC — January 3, 2017 — DAVID MOU — reading text

A SAFER PLORIDH MEMORANDUM OF UNDERSTANDING e A FOR GOVERNMENTAL ENTITY ACCESS TO DRIVER AND VEHICLE INFORMATION DATABASE SYSTEM (DAVID) Contract Number HSMV- This Memorandum of Understanding (MOU) is made and entered into by and between Okaloosa Board of County Commissioners , hereinafter referred to as the Requesting Party, and the Florida Department of Highway Safety and Motor Vehicles, hereinafter referred to as the Providing Agency, collectively referred to as the Parties. . Purpose The Providing Agency is a government entity whose primary duties include issuance of motor vehicle and driver licenses, registration and titling of motor vehicles, and enforcement of all laws governing traffic, travel, and public safety upon Florida’s public highways. In carrying out its statutorily mandated: duties and responsibilities, the Providing Agency collects and maintains personal information that identifies individuals. This information is stored in the Department's Driver and Vehicle Information Database system, commonly referred to as “DAVID.” Based upon the nature of this information, the Providing Agency is subject to the disclosure prohibitions contained in 18 U.S.C. §2721, the Driver's Privacy Protection Act (hereinafter “DPPA"), Section 119.0712(2), Florida Statutes, and other statutory provisions. The Requesting Party is a government entity operating under the laws and authority of the state of Florida and/or operating under Federal laws. As a government entity, the Requesting Party may receive personal information from DAVID under the government agency exception provided in DPPA as indicated in Attachment |. The Requesting Party utilizes DAVID information for the purposes of carrying out its statutorily mandated duties and functions. This MOU is entered into for the purpose of establishing the conditions and limitations under which the Providing Agency agrees to provide electronic access to DAVID information to the Requesting Party. Use of the data by Requesting Party shall only be for a lawful purpose. Il Definitions For the purposes of this Agreement, the below-listed terms shall have the following meanings: A DAVID - The Providing Agency's Driver and Vehicle Information Database system that accesses and transmits driver and vehicle information. B. Driver License Information — Driver license and identification card data collected and maintained by the Providing Agency. This information includes personal information as defined below. C. Emergency Contact Information (ECI) — Information contained in a motor vehicle record listing individuals to be contacted in the event of an emergency. Emergency contact information may be released to law enforcement agencies through the DAVID system for purposes of contacting those listed in the event of an emergency, as noted in Section 119.0712 (2)(c), Florida Statutes. D. Driver Privacy Protection Act (DPPA) — The Federal Act (see, 18 United States Code § 2721, et seq.) that prohibits release and use of personal information except as otherwise specifically permitted within the Act. Page 1 0of 9 DAVID (Government Entity) Data Exchange MOU (Rev. 11-2016) E. Government Entity — Any non-law enforcement agency of the state, city or county government and all Federal agencies, which may include Federal law enforcement agencies. F. Insurance Record — Insurance information, such as Insurance Company name, policy type, policy status, insurance creation and expiration date provided to the Requesting Party, pursuant to Section 324.242(2), Florida Statutes. G. Parties - The Providing Agency and the Requesting Party. H. Personal Information — As described in - Chapter 119, Florida Statutes, and information found in the motor vehicle record which includes, but is not limited to, the subject’s driver identification number, name, address, telephone number, social security number, medical or disability information, and emergency contact information. l. Point-of-Contact (POC) - A person(s) appointed by the Requesting Party as the administrator of the DAVID program in their agency. J. Providing Agency - The Florida Department of Highway Safety and Motor Vehicles. The Providing Agency is responsible for granting access to DAVID information to the Requesting Party. K. Quarterly Quality Control Review Report — Report completed each quarter by the POC to monitor compliance with this agreement. The following must be included in the Quarterly Quality Control Review Report: 1. Acomparison of the DAVID users by agency report with the agency user list; 2. Alisting of any new or inactivated users since the last quarterly quality control review; and 3. Documentation verifying that usage has been internally monitored to ensure proper, authorized use and dissemination. L. Requesting Party - Any Government entity that is expressly authorized by Florida Statutes and DPPA to receive personal information contained in a motor vehicle record maintained by the Providing Agency. M. Vehicle Information ~ Title and registration data collected and maintained by the Providing Agency for vehicles. . Leaal Authority The Providing Agency maintains computer databases containing information pertaining to driver's licenses and vehicles pursuant to Chapters 317, 319, 320, 322, 328, and Section 324.242(2) Florida Statutes. The driver license and motor vehicle data contained in the Providing Agency’s databases is defined as public record pursuant to Chapter 119, Florida Statutes, and as such, is subject to public disclosure unless otherwise exempted by law. As the custodian of the state’s driver and vehicle records, the Providing Agency is required to provide access to records permitted to be disclosed by law, and may do so by remote electronic means, pursuant to Sections 119.0712(2), 320.05, 321.23, 322.20, and 324.242(2), Florida Statutes, and applicable rules. Under this MOU, the Requesting Party will be provided, via remote electronic means, information pertaining to driver licenses and vehicles, including personal information authorized to be released pursuant . to Section 119.0712(2), Florida Statutes and DPPA. By executing this MOU, the Requesting Party Page 2 of 9 DAVID (Govemment Entity) Data Exchange MOU (Rev. 11-2016) agrees to maintain the confidential and exempt status of any and all information provided by the Providing Agency pursuant to this agreement and to ensure that any person or entity accessing or utilizing said information shall do so in compliance with Section 119.0712(2), Florida Statutes and DPPA. In addition, the Requesting Party agrees that insurance policy information shall be utilized pursuant to Section 324.242(2), Florida Statutes. This MOU is governed by the laws of the state of Florida and jurisdiction of any dispute arising from this MOU shall be in Leon County, Florida. V. Statement of Wor: A. TheProviding Agency agrees to: 1. Allow the Requesting Party to electronically access DAVID as authorized under this agreement. 2. Provide electronic access pursuant to established roles and times, which shall be uninterrupted except for periods of scheduled maintenance or due to a disruption beyond the Providing Agency’s control, or in the event of: breach of this MOU by the Requesting Party. Scheduled maintenance will normally occur Sunday mornings between the hours of 6:00 A.M. and 10:00 A.M. 3. Provide an agency contact person for:assistance with the implementation and administration of this MOU. B. The Requesting Party agrees to: 1. Utilize information obtained pursuant to this MOU, including Emergency Contact Information (ECI), only as authorized by law and for the purposes prescribed by law and as further described in this MOU. In the case of ECI, such information shall only be used for the purposes of notifying a person’'s registered emergency contact in the event of a serious injury, death, or other incapacitation. ECI shall not be released or utilized for any other purpose, including developing leads or for criminal investigative purposes. 2. Retain information obtained from the Providing Agency only if necessary for law enforcement purposes. If retained, information shall be safeguarded in compliance with Section V. Safequarding Information, subsection C. 3. Ensure that its employees and agents comply with Section V. Safequarding Information. 4. Refrain from assigning, sub-contracting, or otherwise transferring its rights, duties, or obligations under this MOU, without the prior written consent of the Providing Agency. 5. Not share, provide, or release any DAVID information to any law enforcement, other governmental agency, person, or entity not a party or otherwise subject to the terms and conditions of this MOU. 6. Protect and maintain the confidentiality and security of the data received from the Providing Agency in accordance with this MOU and applicable state and federal law. 7. Defend, hold harmless and indemnify the Providing Agency and its employees or agents from any and all claims, actions, damages, or losses which may be brought or alleged against its employees or agents for the Requesting Party’s negligent, improper, or unauthorized access, use, or dissemination of information provided by the Providing Agency, to the extent allowed by law. 8. Immediately inactivate user access/permissions following termination or the determination of Page 3 of 9 DAVID (Govemment Entity) Data Exchange MOU (Rev. 11-2016) 10. 1. 12. 13. negligent, improper, or unauthorized use or dissemination of information. Update user access/permissions upon reassignment of users within five (5) business work days. Complete and maintain Quarterly Quality Control Review Reports as defined in Section Il Definitions, K, and utilizing the form attached as Attachment Il. Update any changes to the name of the Requesting Party, its Agency head, its POC, address, telephone number and/or e-mail address in the DAVID system within ten calendar days of occurrence. The Requesting Party is hereby put on notice that failure to timely update this information may adversely affect the time frames for receipt of information from the Providing Agency. Immediately comply with any restriction, limitation, or condition enacted by the Florida Legislature following the date of signature of this MOU, affecting any of the provisions herein stated. The Requesting Party undérstands and agrees that it is obligated to comply with the applicable provisions of law regarding the subject matter of this Agreement at all times that it is receiving, accessing, or utilizing DAVID information. Timely submit the Attestation and Certification statements as required in Section VI. Compliance and Control Measures, subsections B and C. For Federal Agencies Only: The Requesting Party agrees to promptly consider and adjudicate any and all claims that may arise out of this MOU resulting from the actions of the Requesting Party, duly authorized representatives, or contractors of the Requesting Party, and to pay for any damage or injury as may be required by Federal law. Such adjudication will be pursued under the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq., the Federal Employees Compensation Act, 5 U.S.C. § 8101, et seq., or such other Federal legal authority as may be pertinent. The Parties shall access, disseminate, use and maintain all information received under this Agreement in a manner that ensures its confidentiality and proper utilization in accordance with Chapter 119, Florida Statutes, and DPPA. Information obtained under this Agreement shall only be disclosed to persons to whom disclosure is authorized under Florida law and federal law. Any person who willfully and knowingly violates any of the provisions of this section is guilty of a misdemeanor of the first degree punishable as provided in Sections 119.10 and 775.083, Florida Statutes. In addition, any person who willfully and knowingly discloses any information in violation of DPPA