1708 Fl Hwy Safety & Motor Vehicle MOUSanford Police Department
ATTN: Cecil E. Smith
815 Goldsboro Blvd.
Sanford, FL 32771
RE: Contract No. HSMV- 0485 -15
Data Exchange MOU
Dear Cecil E. Smith:
The enclosed agreement has been approved by the Florida Department of Highway Safety and Motor
Vehicles. Deborah Taylor will serve as the Department's contact. You may reach Deborah Taylor at (850)
617 -2658 or via email at DeborahTaylor @flhsmv.gov.
Enclosure(s)
cc: Deborah Taylor
Sincerely,
Linda Perry
Division of Administrative Services
• Service • Integrity • Courtesy • Professionalism • Innovation • Excellence
An Equal Opportunity Employer
AWER
FLORIDA MEMORANDUM OF UNDERSTANDING
• -•- DRIVERS LICENSE AND/OR MOTOR VEHICLE RECORD DATA EXCHANGE
Contract Number hh►hYG- �`��� /s�
This Memorandum of Understanding (MOU) is made and entered into by and between Sanford Police Department,tiw.'i
hereinafter referred to as the Requesting Party and the Department of Highway
Safety and Motor Vehicles hereinafter referred to as the Providing Agency.
Purpose of the Data Exchanae Ob
The purpose of this MOU is to establish conditions under which the Providing Agency agrees to provide electronic
access to driver license and motor vehicle data to the Requesting Party as follows:
Type of Data Requested
Statutory Fees (subject to change by the Legislature)
❑
DL /DMV transaction data
® No Charge
❑
Driver license status
❑ $0.50 /record, per s. 320.05
❑
Motor vehicle status
❑ $0.50 /record, per s. 320.05, F.S.
❑
Driver license transcript (3-year)
❑ $8.00 /record, per s. 322.20, F.S.
•
Driver license transcript (7-year or complete
❑ $10.00 /record, per s. 322.20, F.S.
•
Cost recovery fee for TML, Inc."
❑ $0.02/record (rounded to nearest $0.01 daily prior
to electronic funds transfer. TML will determine fee on
an annual basis)
•
Motor vehicle list
❑ $0.01 /record, per s. 320.05, F.S.
•
Driver license list
❑ $0.01 /record, per s. 322.20, F.S.
•
Driver record search
❑ $0.01 /record or $2.00 /record if no record is found,
per s. 322.20, F.S.
•
Motor vehicle record
❑ $0.50 /record, per s. 320.05, F.S.
•
Residency verification
❑ $0.01 /record, per s. 322.20, F.S.
®
DAVID
N/A
•
DAVE (government agencies only)
❑ with Photos /Signatures
N/A
• Motor Vehicle Insurance Data
Exchange/Verification
N/A
* TML Information Services, Inc. owns and operates the computer hardware and software that allows remote
interactive access to the databases of the Providing Agency for the Requesting Party. For each single transaction
received by the system, one type driver license history will be returned.
❑ The Requesting Party is not requesting personal information and /or is not qualified to obtain personal information
pursuant to the Driver's Privacy Protection Act.
® 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
Protection Act: 2 . Personal information will be used as follows:
For Law enforcement purposes only.
® The Requesting Party is authorized to receive a x 9 -digit social security number x a 4 -digit social security
number, pursuant to Chapter 119, F.S., or other applicable laws.
❑ 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- releakth'ormat ion to
parties authorized to receive it under section 713.78(4)(b), F.S. Received by (Initial /Date
Data Exchange MOU (Rev. 09 -08 -2014) /Page, o 7
Definitions
A. "Driver's Privacy Protection Act" (DPPA) — 18 United States Code section 2721 et 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
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
law enforcement agency.
G. "Network Provider" — A Requesting Party whose access is provided by remote electronic means through the
System to request specific types of data at a minimum of 5,000 transactions per month. A six (6) month
startup period will be allowed for new Network Providers, during which time, less than 5,000 transactions per
month will be accepted.
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 driver's status.
1. "Vendor Number" — A unique number assigned to the Requesting Party by the Providing Agency that
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.
"Driver license information" — driver license and identification card data collected and maintained by the
Providing Agency.
K. "Motor vehicle information" — title and registration data collected and maintained by the Providing Agency for
vehicles, and mobile homes.
Ill. Legal Authority
The Providing Agency maintains computer databases containing information pertaining to driver licenses and motor
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
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,
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. 09 -08 -2014) Page 2 of 7
' II' 1 • l •
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 Provider's 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
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.
5. Collect all fees due for electronic requests through the Automated Clearing House account of the
banking institution which has been designated by the treasurer of the State of Florida for such purposes.
6. Discontinue access of the Requesting Party for non - payment of required fees. The Providing Agency
shall not be responsible for the failure, refusal, or inability of the Requesting Party /Network Provider to
make the required payments, or interest on late payments for periods of delay attributable to the action
or inaction of Network Providers.
7. Not indemnify or be liable to the Requesting Party /Network Provider for any driver license or motor
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,
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
corresponding law change. The Requesting Party /Network Provider may continue with this MOU as
modified or it may terminate the MOU in accordance with Section IX., subject to the payment of all fees
incurred prior to termination.
9. Perform all obligations to provide access under this MOU contingent upon an annual appropriation by the
Legislature.
10. Provide electronic access for Network Providers to driver license and /or motor vehicle information 24
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 and10:00AM.
11. Provide an agency contact person for assistance with the implementation of this MOU.
B. The Requesting Party agrees to:
1. For the Requesting Party, driver license and /or motor vehicle, information may only be used for the
express purposes described herein. Information obtained from the Providing Agency by the Requesting
Party shall not be retained by the Requesting Party, unless obtained for a law enforcement purpose or
resold to any Third Party.
2. Be responsible for interfacing with any and all Third Party end users. The Providing Agency will not
interact directly with any Third Party end users. Requesting Party shall not give Third Party end users
the name, E -mail address, and /or telephone number of any Providing Agency employee without the
express written consent of the Providing Agency. [This does not apply to Government Entities.]
Data Exchange MOU (Rev. 09 -08 -2014) Page 3 of 7
3. Maintain a help desk for its Third Party end users. Personnel assigned to this help desk shall be fully
trained on all aspects of the electronic access and shall be prepared to answer all Third Party end user
questions. In cases where the Requesting Party /Network Provider help desk personnel are unable to
answer a question from a Third Party end user and that question must be answered by Providing Agency
personnel; the Requesting Party shall obtain the answer from the Providing Agency and then relay the
answer to the Third Party end user. [This does not apply to Government Entities.]
4. Ensure that its employees and agents comply with Section V. Safeguarding Information procedures of
this MOU.
5. Not assign, sub - contract, or otherwise transfer its rights, duties, or obligations under this MOU without
the express written consent and approval of the Providing Agency.
6. Use the information received from the Providing Agency only for the purposes authorized by this
agreement.
7. Protect and maintain the confidentiality and security of driver license and /or motor vehicle information
received from the Providing Agency in accordance with this MOU and applicable state and federal law.
8. To the extent allowed by law, the Requesting Party shall 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 use or dissemination of information provided by the Providing Agency.
9. Update user access permissions upon termination or reassignment of users within 5 working days and
immediately update user access permissions upon discovery of negligent, improper, or unauthorized use
or dissemination of information. Conduct quarterly quality control reviews to ensure all current users are
appropriately authorized.
10. For all records containing personal information released to a Third Party, maintain for a period of 5 years,
records identifying each person or entity that receives the personal information and the permitted
purpose for which it will be used. The Requesting Party shall make these records available for
inspection upon request by the Providing Agency. [This does not apply to Government Entities.]
11. Pay all costs associated with electronic access of the Providing Agency's driver license and /or motor
vehicle information; such costs shall include all one time, recurring, and usage charges for all hardware,
software, and services required to connect to and use the electronic access. Payment must be in
advance of receiving any information or using electronic means as follows:
■ Complete and sign the appropriate document(s) to allow the Providing Agency's designated banking
institution to debit the Requesting Party's designated account.
■ Maintain an account with a banking institution as required by the Providing Agency.
■ Pay all fees due the Providing Agency by way of the Automated Clearing House account of the
Providing Agency's designated banking institution. Collection of transaction fees from eligible and
authorized Third Party end users is the responsibility of the Requesting Party.
12. Minimum Transaction Level — In order to qualify for direct connection to a port, the Network Provider must
agree to submit a minimum of 5,000 transactions per month for driver transcripts or 2,500 transactions for
public records access program for motor vehicle /driver license status checks. A six- month startup period
will be allowed, during which time less that the minimum will be acceptable. In the event the Network
Provider does not maintain the minimum transaction per month beginning with the first day of the seventh
month and every month thereafter, the Network Provider's direct connection to a port will be terminated.
Data Exchange MOU (Rev. 09 -08 -2014) Page 4 of 7
r O M M no • 11, •1
The Parties shall access, use and maintain the confidentiality of all information received under this agreement 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 knowingly discloses any
information in violation of DPPA may be subject to criminal sanctions and civil liability.
The Parties mutually agree to the following:
A. Information exchanged will not be used for any purposes not specifically authorized by this agreement.
Unauthorized use includes, but is not limited to, queries not related to a legitimate business purpose,
personal use, and the dissemination, sharing, copying or passing of this information to unauthorized persons.
B. Information exchanged by electronic means will be stored in a place physically secure from access by
unauthorized persons.
C. Access to the information exchanged will be protected in such a way that unauthorized persons cannot
review or retrieve the information.
D. All personnel with access to the information exchanged under the terms of this agreement will be instructed
of, and acknowledge their understanding of, the confidential nature of the information. These
acknowledgements must be maintained in a current status by the Requesting Party.
E. All personnel with access to the information will be instructed of, and acknowledge their understanding of,
the criminal sanctions specified in state law for unauthorized use of the data. These acknowledgements
must be maintained in a current status by the Requesting Party.
F. All access to the information must be monitored on an on -going basis by the Requesting Party. In addition,
the Requesting Party must complete an annual audit to ensure proper and authorized use and
dissemination.
G. By signing the MOU, the representatives of the Providing Agency and Requesting Party, on behalf of the
respective Parties attest that their respective agency procedures will ensure the confidentiality of the
information exchanged will be maintained.
. ,1 . . 1 . l • M Me V ,
A. Internal Control Attestation - This MOU is contingent upon the Requesting Party having appropriate
internal controls over personal data sold or used by the Requesting Party to protect the personal data from
unauthorized access, distribution, use, modification, or disclosure. Upon request from the Providing Agency,
the Requesting Party must submit an attestation from a currently licensed Certified Public Accountant
performed in accordance with American Institute of Certified Public Accountants (AICPA) "Statements on
Standards for Attestation Engagement." In lieu of submitting the attestation from a currently licensed Certified
Public Accountant, Requesting Party may submit an alternate certification with pre - approval from the
Department. In the event the Requesting Party is a governmental entity, the attestation may be provided by
the entity's internal auditor or inspector general. The attestation must indicate that the internal controls over
personal data have been evaluated and are adequate to protect the personal data from unauthorized access,
distribution, use, modification, or disclosure. The attestation must be received by the Providing Agency within
180 days of the written request. The Providing Agency may extend the time to submit the attestation upon
written request and for good cause shown by the Requesting Agency.
Data Exchange MOU (Rev. 09 -08 -2014) Page 5 of 7
B. Misuse of Personal Information — The Requesting Party must immediately notify the Providing Agency
and the affected individual following the determination that personal information has been compromised
by any unauthorized access, distribution, use, modification, or disclosure. The statement to the Providing
Agency must provide the date and the number of records affected by any unauthorized access,
distribution, use, modification, or disclosure of personal information. Further, the requesting party agrees
to comply with the provisions of section 501.171, Florida Statutes. The Parties agree that any
subsequent changes to this law will be binding upon both parties.
C. The Providing Agency shall receive an annual affirmation from the Requesting Party indicating compliance
with the requirements of this agreement no later than 45 days after the anniversary date of this agreement.
VII. Period of Performance
This MOU shall be effective upon the last signature of the Parties to this agreement and will remain in effect for three
years from the date of execution, as provided on the next page. Once executed, this MOU supersedes all previous
agreements for these conditions of services defined in Section I.
VIII. Amendments
A. This MOU incorporates all prior negotiations, interpretations, and understandings between the Parties, and is
the full expression of their agreement.
B. This MOU may be subsequently amended by written agreement between the Parties. Any change,
alteration, deletion, or addition to the terms set forth in this MOU and its numbered addendums must be by
written agreement executed by both Parties.
C. All provisions not in conflict with the amendment(s) shall remain in effect and are to be performed as
specified in this MOU.
IX. Termination
A. This agreement may be terminated for cause by either party upon finding that the terms and conditions
contained herein are not being followed. No written notice or notifying period will be required.
B. This agreement is subject to unilateral cancellation by the Providing Agency without notice for failure of the
Requesting Party to comply with any of the requirements of the MOU and applicable Florida Statutes,
including section 119.0712(2), Florida Statutes.
C. The Contract may be terminated upon thirty (30) days' notice in writing to the Contract Manager without
penalty to either party. All obligations of either party under the contract will remain in force during the thirty
(30) day notice period.
Data Exchange MOU (Rev. 09 -08 -2014) Page 6 of 7
IN WITNESS HERETO, the PARTIES have executed this Agreement by their duly authorized officials.
Requesting Party:
Sanford Police Department
Company/ Agency Name
815 Goldsboro Blvd.
Street Address
Suite
Sanford, FL, 32771
City, Sta Zi de
By:
tecil E. Smith
Printed /Typed Name
Chief of Police
Title
ate J
cecil.smith @sanfordfl.gov
E -Mail Address
4076885070
Phone Number
Fax Number
Technical Contact for FTP, Program Access
Printed/Typed Name
E -Mail Address
Phone Number
Point of contact for web Application Access
Rebecca Villalona
Printed /typed Name
rebecca.villalona@sanfordfl.gov
E -Mail Address
4076885070
Phone Number
Providing Agency:
Florida Department of Highway Safety
and Motor Vehicles
2900 Apalachee Parkway
Tallahassee, Florida 32399
Lisa M. Bassett
Printed /Typed Name
Chief of Purchasing & Contracts
Title
Date
Data Exchange MOU (Rev. 09 -08 -2014) Page 7 of 7
Attachment 1
DRIVER PRIVACY PROTECTION ACT EXEMPTIONS
Pursuant to section 119.0712(2), F. S., personal information in motor vehicle and driver license records can be
released for the following purposes, as outlined in 18 United States Code, section 2721.
1. Personal information referred to in subsection (a) shall be disclosed for use in connection with matters of motor vehicle or
driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls, or advisories, performance
monitoring of motor vehicles and dealers by motor vehicle manufacturers, and removal of non -owner records from the
original owner records of motor vehicle manufacturers to carry out the purposes of titles I and IV of the Anti Car Theft Act
of 1992, the Automobile Information Disclosure Act (15 U.S.C. 1231 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.),
and chapters 301, 305, and 321 -331 of title 49, and, subject to subsection.
2. For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any
private person or entity acting on behalf of a Federal, State, or local agency in carrying out its functions.
3. For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle
product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts and dealers;
motor vehicle market research activities, including survey research; and removal of non -owner records from the original
owner records of motor vehicle manufacturers.
4. For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only -
(a) to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or
contractors; and
(b) if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for
the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest
against, the individual.
5. For use in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or
agency or before any self - regulatory body, including the service of process, investigation in anticipation of litigation, and
the execution or enforcement of judgments and orders, or pursuant to an order of a Federal, State, or local court.
6. For use in research activities, and for use in producing statistical reports, so long as the personal information is not
published, redisclosed, or used to contact individuals.
7. For use by any insurer or insurance support organization, or by a self- insured entity, or its agents, employees, or
contractors, in connection with claims investigation activities, antifraud activities, rating or underwriting.
8. For use in providing notice to the owners of towed or impounded vehicles.
9. For use by any licensed private investigative agency or licensed security service for any purpose permitted under this
subsection.
10. For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's
license that is required under chapter 313 of title 49.
11. For use in connection with the operation of private toll transportation facilities.
12. For any other use in response to requests for individual motor vehicle records if the State has obtained the express
consent of the person to whom such personal information pertains.
13. For bulk distribution for surveys, marketing or solicitations if the State has obtained the express consent of the person to
whom such personal information pertains.
14. For use by any requester, if the requester demonstrates it has obtained the written consent of the individual to whom the
information pertains.
15. For any other use specifically authorized under the law of the State that holds the record, if such use is related to the
operation of a motor vehicle or public safety.
HSMV — Revised 09113