CRIMINAL JUSTICE USER AGREEMENT
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CRIMINAL JUSTICE USER AGREEMENT
This agreement, entered into between the Florida Department of Law Enforcement
(hereinafter referred to as FDLE), an agency of the state of Florida with headquarters
at 2331 Phillips Road, Tallahassee, Florida and the
Clearwater Police Departme.n~ with headquarters
at 645 Pierce St. Clearwater, FL 33756 , (hereinafter referred to as the
User), witnesseth that:
This User agreement is designed for use with all Florida criminal justice agencies. If
your agency does not perform a specific function, the provisions regarding that function
will not apply to your agency.
1) FDLE is an agency of the state of Florida authorized by law to establish and
operate the Florida Crime Information Center (hereinafter FCIC), and to participate in
similar multistate and federal systems for the exchange of information relating to
crimes, criminals and criminal activity.
2) Information obtained from the FCIC files, or obtained through computer interfaces
to other state or federal systems, by means of access granted pursuant to Section
943.0525, F.S., can only be used for criminal justice purposes. The information
available in this way through the services of FCIC is restricted to law enforcement and
other criminal justice agencies for official use only. Information retrieved from the FCIC
by direct access is not to be made available under provisions of the public records law
(Chapter 119 F.S.). Compliance with Chapter 119, F.S., is accomplished by directing
record requests to FDLE per Chapter 11 C-6, F.A.C., and section 943.053(3), F.S. It is
the responsibility of the authorized agency to insure that access to the FCIC/NCIC
network is for authorized criminal justice purposes only, and to regulate proper use of
the network and information at all times.
3) FDLE participates in the National Crime Information Center (hereinafter NCIC) of
the United States Department of Justice and in the National Law Enforcement
Telecommunication System (hereinafter NLETS), serving as Florida's control agency
for the interstate transmission of criminal justice information to and from agencies in
Florida and agencies in the continental United States, Alaska, Hawaii, Canada and
Puerto Rico.
4) The User requires access to intrastate and interstate criminal justice information
systems in order to effectively discharge its public duties.
5) As this agreement applies to networked workstation software and exchange of
criminal history information, FDLE is willing to allow local law enforcement and other
criminal justice agencies wishing to participate in the FCIC telecommunications system
to do so, provided that the User agrees to abide by applicable federal and state laws,
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as long as FDLE retains full control over the management and operation of the FCIC,
and provided that the User has requested access to FCIC, NCIC and NLETS by
becoming a part of the FCIC system.
SECTION I FCIC USER WORKSTATION CONDITIONS
Now therefore, in light of the foregoing representations and the promises, conditions
and other valuable consideration more fully set out or incorporated herein by reference,
FDLE and User, by its duly authorized officials, agrees:
1) To furnish the User, a criminal justice agency, with such criminal justice
information as is available in the FCIC files, and to serve as the means of exchange of
computerized administrative messages between the User and other criminal justice
agencies on the FCIC telecommunications network. In addition, FDLE agrees to serve
as the state control terminal for the interchange of information between NCIC, NLETS
and the User.
2) To provide access to the User agency. FDLE will not be responsible in any regard
for the workstation acquisition, maintenance, operation, repair, supplies or workstation
operation personnel costs.
3) To schedule and provide Basic FCIC training for workstation operators and other
personnel at locations and times arranged by FDLE training staff. Only those
workstation operators who have successfully completed such training to the
acknowledged satisfaction of the FCIC instructor and who have been so certified shall
be allowed to have access to the FCIC system. Those persons who are in their initial
six months of assignment to workstation operator duties are permitted supervised
access to the FCIC for training purposes. Within this initial six-month period, the
operator should be trained in-house and become certified by the FDLE training staff.
4) Should User desire to relocate the workstation, the User shall provide FDLE/FCIC
90 days written notice. All costs associated with the relocation of the workstation
equipment and the data circuits(s), including delays in work order dates, will be borne
by User unless FDLE has funding to make changes without charge. The repair and
cost of any damages resulting from such relocation will be the User's responsibility.
5) To allow only law enforcement and other criminal justice agency personnel who
have been properly screened to have access to information contained within the
FCIC/NCIC system or other state criminal justice information system files.
6) Should the workstation malfunction or become inoperable, FDLE/FCIC will be
notified immediately. All costs associated with returning the workstation to operation,
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other than network costs, will be the User's responsibility. FCIC will execute trouble-
shooting procedures.
9) To provide assistance to other law enforcement or criminal justice agencies not
equipped with an FCIC workstation in keeping with FDLE/FCIC standards, but only to
the extent that such assistance is not otherwise prohibited.
10) To send only law enforcement and other criminal justice messages over and
through the FCIC network. All messages will be treated as privileged unless otherwise
indicated. However, information classified under pertinent federal laws and instructions
will not be transmitted.
11) To operate the workstation and otherwise conduct itself in strict compliance with
applicable FCIC, NCIC and NLETS policies including, but not limited to, policies,
practices and procedures relating to:
A) Confirmation and entry of information for conversion.
S) Validation and certification.
C) Daily accounting for positive responses to inquiries.
D) Cancellation of entries.
E) Interagency notification and confirmation of positive responses to inquiries.
F) Prudent use of statewide regional transmissions.
G) Use of plain text in message traffic.
All policies, procedures and operating instructions presently contained in current NCIC
and NLETS documents and the FCIC Ooeratina Manual and technical memoranda,
published by FDLE, are hereby incorporated into and made a part of this agreement,
except to the extent that they are inconsistent herewith or legally superseded by higher
authority.
12) Take necessary measures to make the workstation secure and prevent any
unauthorized use. Federal regulation 28 C.F.R. Section 20.21(f) demands that the
User accept and have authority to execute, monitor, and enforce security policy without
interference (i.e., be delegated management control over the terminal and departmental
employees having access to it). FDLE/FCIC reserves the right to object to equipment
(workstation) location, security measures, qualifications and number of personnel who
will be accessing FCIC and to suspend or withhold service until such matters are
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corrected to its reasonable satisfaction. FDLE/FCIC further reserves the right to
conduct inspections concerning the proper use and security of the workstation facility.
Such inspections may be accompanied by personnel of the User.
13) User understands that the FDLE/FCIC, its officers, and employees shall not be
liable in any claim, demand, action, suit, or proceeding, including, but not limited to,
any suit in law or in equity, for damages by reason of, or arising out of, any false arrest
or imprisonment or for any loss, cost, expense or damages resulting from or arising out
of the acts, omissions, or detrimental reliance of the personnel of the User in entering,
removing, or relying upon information in the FCIC/NCIC/NLETS information systems.
SECTION II WORKSTATION SOFTWARE LICENSE
The FCIC " Workstation Software program is licensed to FDLE by Datamaxx Applied
Technologies, Inc., for use only under the terms set forth herein. By installing the
software package and/or by using the software, the User agrees to be bound by the
terms of this license as set forth in this Agreement.
1) The FCIC " Workstation Software License permits the User to use one copy of the
specified version of the FCIC II Workstation Software product, which may include User
documentation provided in "on-line" or electronic form ("SOFTWARE"). The
SOFTWARE is licensed as a single product. Its component parts may not be
separated for use on more than one computer or by more than one User at any time. If
the User has received written permission from FDLE for multiple copies of the
SOFTWARE, then at anytime the User may have as many copies of the SOFTWARE in
use as specified in such written permission. The SOFTWARE is "in use" on a
computer when it is loaded into the temporary memory (i.e., RAM) or installed into the
permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that
computer.
2) FDLE agrees to provide updates to the FCIC "Workstation Software as
necessary to support all functions of NCIC 2000, NLETS, and other related
computerized systems interfaced to FCIC. When the SOFTWARE is an upgrade from
an FDLE product, the User may use that upgraded product only in accordance with this
Agreement.
3) The SOFTWARE (including any images, video, audio, and text incorporated into
the SOFTWARE) is owned by Datamaxx Applied Technologies, Inc., and is protected
by the United States copyright laws and international treaty provisions. Therefore, the
User must treat the SOFTWARE like any other copyrighted material, except that under
the terms of FDLE's License, the User may either (a) make one copy of the
SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to
a single hard disk provided the User keeps the original solely for backup or archival
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purposes. However, the User may copy the printed materials accompanying the
SOFTWARE and may print copies of any User documentation provided in lion-line" or
electronic form, upon the condition that such copies will be used for criminal justice
purposes only.
4) The Agreement is proof of authorization to exercise the rights granted herein and
must be retained. The User may not reverse engineer, decompile, or disassemble the
SOFTWARE, except to the extentthe foregoing restriction is expressly prohibited by
applicable law.
The User agrees that FCIC "Workstation Software will run at the highest and foremost
priority of any application that is supported by the FCIC workstation. In any situation in
which the User experiences problems relating to FCIC access that appear to be related
to the fact that other applications beside FCIC are running on the workstation, the User
agrees to abort these applications and remove them from the FCIC workstation until
such time that the FCIC " Workstation Software can be reloaded and the FCIC
application restored to full service. In this situation the User agrees to not reload these
applications onto the workstation until there has been a review done of the application
requirements, and certification obtained that sufficient resources are available in the
workstation to appropriately run these programs without interference with or impairment
of the FCIC application.
The User also agrees to run a virus-checking program on the personal computers
where the Workstation Software is loaded.
5) To the maximum extent permitted by law, User agrees that FDLE shall not be
liable for any damages whatsoever arising out of or related to the use or inability to use
this Workstation Software product, even if FDLE has been advised of the possibility of
such damages. This Agreement does not constitute a waiver of any defense or
immunity lawfully available to FDLE.
SECTION III EXCHANGE OF CRIMINAL HISTORY
RECORD INFORMATION
FDLE is an agency of the State of Florida, established by law (Section 20.201 and
Chapter 943, F.S.) and invested with power and authority to establish intrastate
systems of fingerprint analysis and identification (Subsection 943.05(2), F.S.) and
intrastate systems of communication of vital statistics and information relating to
crimes, criminals and criminal activity (Subsection 943.05(2), F.S.);
FDLE has received criminal justice information systems funding from the United States
Department of Justice and is subject to and must, therefore, demand that the intrastate
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Users of its criminal history record services likewise adhere to federal regulations
relating to the collection, handling and dissemination of state criminal history record
information derived therefrom (Chapter 11 C, F.AC.; 28 C.F.R. Subpart 20B);
FDLE is authorized by law (Subsection 943.03(5), F.S. and Section 943.05, F.S.) to
enter into agreements and become part of federal and intrastate systems for the
collection and exchange of criminal history records and other information relating to
crimes, criminals and criminal activity.
FDLE is a participant in the National Crime Information Center (NCIC) of the Federal
Bureau of Investigation, United States Department of Justice, and exchanges criminal
history record information with the Federal Bureau of Investigation pursuant to the
above state statutes and subject to federal regulations (28 C.F.R. Subpart 20C) and
laws (Title II, Sec. 201 of Public Law 92-544, 86 Stat. 1115; 28 U.S.C. 534). As such,
FDLE must enforce and demand that its User agencies comply with pertinent federal
provisions relating to the collection, use, and dissemination of records and record
information derived from the systems of the United States Department of Justice;
User is a duly authorized law enforcement or criminal justice agency within the State of
Florida and desires the services of FDLE in order to carry out functions associated with
criminal justice administration, and FDLE is required and willing to provide such
services so long as all applicable federal and state laws, rules and regulation are
strictly complied with;
Now, therefore, in light of the foregoing representations and the promises, conditions,
terms and other valuable considerations more fully set forth hereinafter or incorporated
by reference and made a part hereof, the FDLE and User do mutually agree as follows:
1) FDLE AGREES TO:
a) Act as the central state repository, providing identification, recordkeeping,
and exchange of criminal history record information services;
b) Provide User with such state criminal history records and information for
criminal justice purposes as may be contained in its systems and legally
available to the User;
c) Act as an intermediary between User and the United States Department of
Justice in securing, for the use and benefit of User, such federal and
multistate criminal history records or information as may be available to User
under federal laws and regulations;
d) Upon request, assist User in its staff orientation to the privacy and security
requirements imposed by state and federal laws, rules and regulations;
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e) Provide User with an Identification Manual setting out and explaining
appropriate procedures for completing fingerprint cards, disposition reports
and otherwise advising the User of services available;
f) Provide state criminal history record check services for non-criminal justice
purpose in accordance with provisions of Chapter 11 C-6, F.A C.
2) USER AGREES TO:
a) Except as otherwise provided by rules of FDLE, provide for inclusion in
criminal history records information systems, adult and juvenile criminal
fingerprint cards on all felony arrests, adult criminal fingerprint impressions
on all misdemeanors and comparable ordinance violation arrests, and
juvenile fingerprint cards on misdemeanor arrests as specified at Section
943.051 (3)(b), F.S.;
b) Establish a mechanism for the collection and submission of disposition data
on criminal arrests (pretrial dispositions, trials, sentencing, confinement,
parole and probation) to FDLE for inclusion in the centralized criminal history
record information system in accordance with rules of the FDLE Rule 11 C-
4.006, F.AC.;
c) Provide security for criminal history record information and systems in
accordance with applicable laws, rules, and regulations and train personnel
who receive, handle or have access to criminal history record information;
d) Screen all personnel who will have direct access to criminal history record
information and reject for employment (or take appropriate action with
respect to) such personnel who have violated or appear unwilling or
incapable of abiding by the security requirements established for the
collection, storage, or dissemination of criminal history record information;
e) Disseminate criminal history record information derived from federal records
or systems only to criminal justice agencies and only for criminal justice
purposes. Criminal justice purposes include criminal justice employment
screening. Agencies which interface between FDLE and other criminal
justice agencies must abide by all of the provisions of this agreement.
Agencies which access FDLE systems by interfacing through other agencies
must, likewise, abide by all provisions of this agreement;
f) Except as provided for in paragraph j, I and m below, disseminate criminal
history record information derived from state records or systems only to
criminal justice agencies and only for criminal justice purposes. Otherwise,
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the User will direct requests to FDLE whenever state criminal history record
information is sought for purposes such as licensing, permitting, local
ordinance registration, other than criminal justice employment and similar
purposes;
g) Query the Central State Repository (FCIC) prior to disseminating any
criminal history record information to insure that the information is up-to-date.
h) Maintain a record of any dissemination of state or federal criminal history
information. This record will reflect as a minimum: (1) date of release; (2) to
whom the information relates; (3) to whom the information was released; (4)
the State Identification (SID) and/or the FBI number(s); and (5) the purpose
for which the information was requested;
i) Provide FDLE access to User's records of dissemination and assist in
conducting prescribed audits;
j) Assist individuals and cooperate with FDLE regarding requests for personal
review or correction of the individual's own criminal history record; if a minor,
the assistance and cooperation should be provided to the parents or legal
guardian of the minor;
k) Defer to FDLE on any determination as to what purposes qualify for criminal
justice versus non-criminal justice designation;
I) Pursuant to a signed interagency agreement authorizing the sharing of
criminal history information as outlined in 985.04(3)(a), F.S., the agency may
share state criminal history record information with appropriate school
personnel on an as-needed basis. Dissemination of information should be
documented using established secondary dissemination procedures and
should be in accordance with s. 943.0525, F. S. Agencies must maintain
confidentiality of such record information that is otherwise exempt from s.
119.07 (1), F.S., as provided by law.
m) Pursuant to a signed interagency agreement authorizing the sharing of
criminal history information as outlined in 39.306, F.S., the agency may share
state criminal history record information with the Department of Children and
Families district personnel directly responsible for child protective
investigation and emergency child placement, on an as-needed basis.
Dissemination of information should be documented using established
secondary dissemination procedures and should be in accordance with s.
943.0525, F.S. Agencies must maintain confidentiality of such record
information that is otherwise exempt from s. 119.07 (1), F.S., as provided by
law.
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n) Pursuant to a signed interagency agreement authorizing the sharing 0
criminal history information with local school boards as outlined in s.
231.02(2)(a), F.S., the agency may share state criminal history record
information with the local school board on persons who are employees or
who are applicants for employment with the school board. Dissemination of
information should be documented using established secondary
dissemination procedures and should be in accordance with s. 943.05025,
F. S. Agencies must maintain confidentiality of such record information that is
otherwise exempt from s. 119.07(1), F.S., as provided by law.
PENALTIES AND LIABILITIES
Any non-compliance with the terms of this agreement concerning the use and
dissemination of criminal history information may subject the User's officers or
employees to a fine not to exceed $10,000 as provided for in Department of Justice
Regulations, 28 C.F.R. Section 20.25, and/or discontinuance of services as provided
for by Department of Justice Regulations, 28 C.F.R. Section 20.38. Moreover, certain
offenses against system security and the information contained therein are crimes
under Chapter 815, F.S.
PROVISIONS INCORPORATED
User shall be bound by applicable federal and state laws, federal regulations and the
rules of FDLE to the same extent that User would be if such provisions were fully set
out herein. Moreover, this agreement incorporates both present and future law,
regulations and rules. The User may terminate this agreement as described below if
the changes in law, regulations or rules are not acceptable to the User.
TERMINATION
Each party retains the right to discontinue service, without cause, provided written
. notice of forty-five days is given by U. S. mail. Each party may terminate this
agreement for cause. More particularly, FDLE reserves the right to discontinue service,
without notice, upon presentation to it of reasonably credible evidence that User is
violating this agreement or any pertinent federal or state law, regulation or rule.
Moreover, cause may also be deemed to exist if any term of this agreement is found to
be invalid, if any change in the laws applicable to either party requires either party to
curtail performance hereunder, or if changed circumstances require either party to
perform substantially more or less than was envisioned at the time this agreement was
executed. In such circumstances, the other party may terminate performance or
demand renegotiation upon written notice to the other party that the changed
circumstances, if known at time of execution of this contract, would have foreclosed that
party's entry into the agreement.
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ACCOUNTABILITY
To the extent provided by the laws of Florida, User agrees to be responsible for the
negligent acts or omissions of its personnel arising out of or involving any information
contained in, received from, entered into or through FCIC/NCIC/NLETS.
IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed
by the proper officers and officials.
NAME OF USER AGENCY
Clearwater Police Department
AGENCY HEAD Sidney R. Klein TITLE Chief of Police
(PLEASE PRINT)
AGENCY HEAD <......2~ R /~T\JRE)
DATE August 24, 1999
WITNESS~I' ~
TITLE Deputy Chief
FLORIDA DEPARTMENT OF LAW ENFORCEMENT
BY
TITLED ",(errOr, e_) t~
DATE
WITNESS
TITLE Prim I n. Ass +.
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