CRIMINAL JUSTICE USER AGREEMENT (4)FDLE Criminal Justice User Agreement
CRIMINAL JUSTICE USER AGREEMENT
This Agreement, is 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 Department
with headquarters at
645 Pierce Street Clearwater, Florida 33756 ,
with the primary ORI of: FL0520300 (hereinafter referred to as the User).
Whereas, FDLE is authorized by law to operate and regulate the Criminal Justice
Network (hereinafter CJNet) as an intra-agency information and data-sharing network
for use by the state's criminal justice agencies;
Whereas, FDLE is authorized by law to establish and operate the Florida Crime
Information Center (hereinafter FCIC) for the exchange of information relating to crimes,
criminals and criminal activity;
Whereas, FDLE participates in the National Crime Information Center (hereinafter
NCIC), a service of the United States Department of Justice, the Interstate Identification
Index (hereinafter III), and the International Justice and Public Safety Information
Sharing Network (hereinafter NLETS), and serves as Florida's Criminal Justice
Information Services (CJIS) Systems Agency (CSA) for the interstate transmission of
criminal justice information to and from agencies in Florida and agencies in the
continental United States, Alaska, Hawaii, U.S. Virgin Islands, Canada and Puerto Rico;
Whereas, the User requires access to intrastate and interstate criminal justice
information systems provided by FDLE through the CJNet in order to effectively
discharge its public duties;
Whereas, FDLE will facilitate local law enforcement and other criminal justice agencies'
requests to participate in the information services provided on CJNet, provided the User
agrees to abide by applicable federal and state laws; administrative code, and all
policies, procedures and regulations related to these systems. FDLE retains full control
over the management and operation of CJNet and FCIC.
Therefore, in consideration of the mutual benefits to be derived from this Agreement,
the FDLE and the User do hereby agree as follows:
(This User Agreement is designed for use with all Florida criminal justice agencies. I f
the User does not perform a specific function, the provisions regarding that function will
not apply to the User.)
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FDLE Criminal Justice User Agreement
SECTION I FCIC/NCIC/CJNET FDLE REQUIREMENTS
FDLE is duly authorized and agrees to ensure access to the information services
provided on CJNet and adhere to the following:
Serve as the CSA for the State of Florida and provide the User with access to
criminal justice information as is available in the FCIC/NCIC and III systems and
NLETS through CJNet, and to serve as the means of exchanging criminal justice
information between the User and other criminal justice agencies on CJNet.
2. Provide the opportunity for CJIS certification/re-certification and CJIS Security
Awareness training.
3. Provide the User with information concerning privacy and security requirements
imposed by state and federal laws, rules and regulations.
4. Provide state criminal history record check services for non-criminal justice
purposes as provided by law.
5. Act as the central state repository; provide identification, record keeping, and
exchange of Criminal History Record Information (CHRI) services.
6. Facilitate access, using CJNet, to other information applications or systems that
the User may be authorized to access.
SECTION II FCIC/NCIC/CJNET USER REQUIREMENTS
By accepting access as set forth above, the User agrees to adhere to the following to
ensure continuation of access:
USE OF THE SYSTEM: Use of the CJNet and any system accessed via the
CJNet is restricted to the administration of criminal justice or as otherwise
specifically authorized or required by statute. Information obtained from the
FCIC/NCIC files, or computer interfaces to other state or federal systems, by
means of access granted through CJNet, can only be used for authorized
purposes in compliance with FCIC/NCIC and III rules, regulations and operating
procedures, and state and federal law. It is the responsibility of the User to insure
access to CJNet is for authorized purposes only, and to regulate proper use of the
network and information at all times. The User must establish appropriate written
standards, which may be incorporated with existing codes of conduct, for
disciplining violators of this and any incorporated policy.
If the User provides an interface between FDLE and other criminal justice agencies
it must abide by all of the provisions of this agreement. Agencies that access
FDLE systems by interfacing through other agencies must, likewise, abide by all
provisions of this agreement. An Interagency User Agreement is required when
access to CJNet is provided by the User to another agency.
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EDLE Criminal Justice User Agreement
a. MESSAGES: Only law enforcement and other criminal justice messages
shall be sent over and through the CJNet. All messages will be treated as
privileged unless otherwise indicated. User should make prudent use of
regional and statewide broadcast message requests. All messages must use
plain English text in the message.
b. COMPLIANCE: Access FCIC/NCIC and other CJNet applications in strict
compliance with applicable CJNet, FCIC, NCIC, III and NLETS policies
including, but not limited to, policies, practices and procedures relating to:
i) TIMELINESS: FCIC/NCIC records must be entered, modified, located,
cleared, and canceled promptly in order to ensure system accuracy
and effectiveness. Users that perform FCIC/NCIC updates for other
agencies must comply with timeliness requirements for the records
entered for the serviced agencies as well.
ii) HOT FILE ENTRIES: User agencies that have personnel dedicated to
maintain a 24-hour, seven-day a week FCIC/NCIC operation will be
allowed to make entries into the FCIC/NCIC Hot Files.
(a) Users making entries for another law enforcement agency must
execute an Interagency Agreement outlining each agency's
responsibilities.
(b) Adult Warrants, Missing Persons and all property records of the
FCIC Hot File records, entered by state and local agencies, will be
made available to the public on the Internet via the FCIC Public
Access System (PAS), unless explicitly flagged by the User for
exclusion.
iii) QUALITY ASSURANCE: Appropriate and reasonable quality
assurance procedures must be in place, including second party
verification during entry, to ensure all entries in FCIC/NCIC are
complete, accurate, and valid.
iv) VALIDATION: The User must validate all records that the User has
entered into the system for accuracy and retention. To be in
compliance with FCIC/NCIC rules, regulations and operating
procedures, the User must ensure each record is modified to confirm
the successful validation of each record on file in FCIC/NCIC. Failure
to modify a record to indicate validation may result in its removal from
the file. Users that make entries into the FCIC/NCIC Hot Files are
responsible for maintaining written validation procedures.
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FDLF Criminal Justice User Agreement
V) HIT CONFIRMATION: The User must comply with FCIC/NCIC rules,
regulations and operating procedures by responding to the hit
confirmations in a timely manner (within ten minutes or one-hour
depending on priority).
vi) DISSEMINATION: Information obtained from the FCIC/NCIC hot files,
CJNet or 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 official criminal justice purposes.
Compliance with Chapter 119, F.S., is accomplished by directing
record requests to FDLE per Chapter 11C-6, F.A.C., and section
943.053(3), F.S. It is the responsibility of the User to ensure that
access to the CJNet is for authorized criminal justice purposes only,
and to regulate proper access to and use of the network and
information at all times.
The User will disseminate CHRI 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.
The User, if functioning in the capacity of a pretrial release program or
providing CHRI for a pretrial release program, may disseminate Florida
public record information only, in compliance with s. 907.043 (3)(b)7,
F.S,, which requires "[e]ach pretrial release program [to] prepare a
register displaying information that is relevant to the defendants
released through such a program." This dissemination shall be
restricted to county probation services offices and those criminal
justice entities providing the probation offices with information obtained
via the FCIC II message switch for the administration of criminal
justice.
vii) RETENTION: Criminal history records, whether retrieved from III or
the state system, which the User maintains, must be kept in a secure
records environment to prevent unauthorized access.
(a) Retention of criminal history records, whether retrieved from III or
the state system, for extended periods should only be considered
when the time sensitivity of the specific record is important.
(b) When retention of criminal history records, whether retrieved from
III or the state system, is no longer required, final disposition will be
accomplished in a secure manner in compliance with state law,
FCIC/NCIC and III rules, regulations and operating procedures to
preclude unauthorized access.
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FDLE Criminal Justice User Agreement
(c) Because CHRI may become outdated at any time, a current
criminal history record check should be performed whenever CHRI
is used or relied upon by the User. Entry or retention of criminal
history records in a separate or local database would be
inconsistent with this principle, and is therefore discouraged. The
retention of criminal history records, whether retrieved from III or
the state system, in a secondary (non-FDLE) database is not
authorized by law.
viii) CRIMINAL HISTORY TRANSMISSION: Any electronic device that
uses wireless or radio technology to transmit voice data may be used
for the transmission of CHRI only when an officer determines there is
an immediate need for this information to further an investigation or
there is a situation affecting the safety of an officer or the public.
A facsimile machine may be used to transmit criminal history
information between criminal justice agencies, provided both agencies
have an NCIC Originating Agency Identifier (ORI) and are authorized
to receive criminal history information. Appropriate measures must be
taken to prevent unauthorized viewing or receipt by unauthorized
persons
ix) LOGGING: Each interface agency accessing FCIC/NCIC Hot File and
III systems shall ensure that an automated log is maintained. The Hot
File portion of this log must be maintained for a minimum of twelve
months, and the III portion must be maintained for a minimum of four
years.
(a) Automated logging is a feature included in the application
software provided by FDLE, and local agencies are encouraged
to retain these logs for future reference. Users purchasing or
developing an interface to FCIC must ensure logging is an
included feature.
(b) The automated transaction log must identify: the operator on all
transactions, the agency authorizing all transactions, the
requester and secondary recipient for all criminal history
transactions. This information can be captured at log-on and can
be a name, badge number, serial number, or other unique
identifier.
(c) The User may only disseminate information to another authorized
recipient and must maintain a record of any dissemination of state
or federal criminal history information. This record will reflect at 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
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FDLE Criminal Justice User Agreement
for which the information was requested. The User must also be
able to identify the reason for all I II inquiries upon request from
the FBI or FDLE.
X) INFORMATION ACCESS: The User will allow only properly screened,
authorized personnel performing a criminal justice function who have
received proper security training to have access to information
contained within the CJNet, FCIC/NCIC or other state criminal justice
information system files. The User will also provide assistance to other
criminal justice agencies not equipped with direct FCIC access in
compliance with FCIC/NCIC and III rules, regulations and operating
procedures, but only to the extent that such assistance is not otherwise
prohibited.
(a) The User will ensure that all personnel who initiate a transaction to
the FCIC II message switch are current in CJIS certification.
(b) The User will ensure that persons allowed to complete CJIS
certification are at least 18 years of age and are U.S. citizens or
have a valid immigration status/visa.
FDLE reserves the right to deny FCIC, CJNet or related programs/
systems access to any individual based on valid, articulable concerns
for the security and integrity of FCIC, CJNet or related programs/
systems.
xi) WORKSTATION: FDLE is not responsible for the workstation
acquisition, maintenance, operation, repair, supplies or workstation
operation personnel costs. The User must notify FDLE immediately,
should an FCIC/NCIC workstation malfunction or become inoperable.
All costs associated with returning the workstation to operation, other
than CJNet costs, will be the User's responsibility. FDLE will assist
with executing trouble-shooting procedures.
c. Interface Operations: For systems implemented after December 31, 2008,
the User will ensure that all automated interfaces that programmatically (i.e.,
without human intervention) generate transactions to the FCIC II message
switch are restricted to no more than one transaction per second per
interface.
2. AUDITS: All agencies having access to CJNet, FCIC/NCIC and the III data shall
permit an FDLE appointed inspection team to conduct inquiries with regard to any
allegations or potential security violations, as well as for routine audits.
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FDLE Criminal Justice User Agreement
FDLE conducts regularly scheduled compliance and technical security audits of
every agency accessing the CJNet to ensure network security, conformity with
state law, and compliance with all applicable FDLE, CJNet, FCIC/NCIC and III
rules, regulations and operating procedures. Compliance and technical security
audits may be conducted at other than regularly scheduled times.
3. TRAINING: The User is responsible for complying with training requirements
established in CJIS Security Policy and the rules, regulations, and policies
established by FCIC/NCIC, III, FDLE and other CJNet applications. The User is
responsible for remaining current in the applications, procedures, and policies and
ensuring personnel attend these training sessions.
a. Only operators who have successfully completed CJIS certification shall be
allowed to have unsupervised access to the FCIC/NCIC system,
b. FCIC/NCIC operators who are in their initial six months of assignment may be
permitted supervised access to FCIC/NCIC. Operators must successfully
complete CJIS certification within six months of appointment or assignment to
duties requiring direct access to FCIC/NCIC.
c. The User will require all personnel who initiate a transaction to the FCIC II
message switch to successfully complete CJIS Certification. The User
agrees to remove from FCIC/NCIC access any employee who fails to achieve
required certification standards, whose certification has expired, whose
certificate is otherwise rescinded or as directed by FDLE.
d. The User will require all information technology (IT) personnel, including any
vendor who will in the course of their official duties initiate a transaction to the
FCIC II message switch, to successfully complete CJIS certification.
e. The User will maintain certification records of all CJIS certified personnel in a
current status.
The User will require all IT personnel, including any vendor, responsible for
maintaining/supporting any IT component used to process, store or transmit
any unencrypted information to or from the FCIC II message switch, to
successfully complete the CJIS Online Security Training provided by FDLE.
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FDLE Criminal Justice User Agreement
4. RELOCATION: Should the User desire to relocate the data circuit(s) and/or
equipment connected to CJNet, the User must provide FDLE written notice
90 days in advance of the projected move. All costs associated with the
relocation of the equipment and the data circuit(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.
The User must also provide 90 days advance notice when requesting additional
access to FCIC/CJNet.
5. LIABILITY: The User understands that the FDLE, 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
transmitted through CJNet or in the FCIC/NCIC and NLETS information systems.
6. CRIMINAL HISTORY RECORDS: FDLE is authorized to establish an intrastate
automated fingerprint identification system (IAFIS) and an intrastate system for the
communication of information relating to crimes, criminals and criminal activity.
To support the creation and maintenance of the criminal history files, the User, as
appropriate, will:
a. Provide for inclusion in criminal history records information systems, adult and
juvenile criminal fingerprints on all felony arrests; adult criminal fingerprints on
all misdemeanors and comparable ordinance violation arrests; and juvenile
fingerprints on misdemeanor arrests specified at Section 943.051, F.S. The
submission of other juvenile misdemeanor arrest fingerprints is optional,
b. Provide security for CHRI and systems that process or store CHRI, and
security training for personnel who receive, handle or have access to CHRI.
c. Screen all personnel who will have direct access to CHRI and reject for
employment personnel who have violated or appear unwilling or incapable of
abiding by the requirements outlined in this agreement.
d. Defer to FDLE on any determination as to what purposes qualify for criminal
justice versus non-criminal justice designation, as well as with respect to
other purposes that may be authorized by law.
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FDLE Criminal Justice User Agreement
e. Pursuant to a signed interagency agreement as authorized by Florida
Statutes and/or federal regulations, the User may share state CHRI.
Dissemination of information requires compliance with all applicable statutes,
FCIC/NCIC and III rules, regulations and operating procedures, including
logging. Agencies must maintain confidentiality of such record information
that is otherwise exempt from Section 119.07(1), F.S., as provided by law.
Provide security and establish policies to prevent unauthorized access to or
dissemination of sealed records.
SECTION III SECURITY REQUIREMENTS
The User must ensure compliance with the FBI CJIS Security Policy and the rules,
regulations, policies and procedures established for CJNet, FCIC/NCIC, III and NLETS,
which include but are not limited to System Security, Personnel Security, Physical
Security, User Authorization, Technical Security, Dissemination of Information Obtained
from the Systems, and Destruction of Records. By accepting access as set forth above,
the User agrees to adhere to the following security policies in order to ensure
continuation of that access:
PERSONNEL BACKGROUND SCREENING and POLICY FOR DISCIPLINE: The
User is required to conduct a background investigation on all personnel who are
authorized to access FCIC/NCIC/III/CJNet data or systems, IT personnel who
maintain/support information technology components used to process, transmit or
store unencrypted data to and/or from the FCIC II message switch, and other
personnel accessing workstation areas that are unescorted by authorized
personnel.
Good management practices dictate the investigation should be completed prior to
employment, but it must, at a minimum, be conducted within the first thirty (30)
days of employment or assignment. The User may conduct a preliminary on-line
criminal justice employment check.
Before the background is completed the following requirements must be met:
The User must submit applicant fingerprints for positive comparison against
the state and national criminal history and for searching of the Hot Files.
b. If a record of any kind is found, the User will not permit the operator to have
access to the FCIC/NCIC system nor access workstation areas. The User
will formally notify the FDLE CJIS Systems Officer (CSO) indicating access
will be delayed pending review of the criminal history.
When identification of the applicant has been established by fingerprint
comparison and the applicant appears to be a fugitive, have pending criminal
charges; have an arrest history for a felony or serious misdemeanor; have
been found guilty of, regardless of adjudication, or entered a plea of nolo
contenders or guilty to any felony or serious misdemeanor; or to be under the
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FDLE Criminal Justice User Agreement
supervision of the court, the User will refer the matter to the FDLE CSO for
review.
d. Applicants who have been found guilty of, regardless of adjudication, or
entered a plea of nolo contendere or guilty to a felony, will generally be
denied access to FCIC/NCIC. For applicants who have been adjudicated
guilty of or have had adjudication withheld on a misdemeanor, the User will
notify the CSO of the misdemeanor(s) and acknowledge an intent to permit
FCIC/CJNet access. Access will also generally be denied to any person
under court supervision for a criminal offense or against whom criminal
charges are pending. If a determination is made by FDLE that FCIC/NCIC
access by the applicant would not be in the public interest, such access will
be denied and the User will be notified in writing of the access denial.
e. Once the original background screening has been completed, if the User
learns that a CJIS certified employee has a criminal history or pending
charge(s), the User will first determine if the pending charge(s) or record(s)
adversely affect(s) the employee's continued employment/access/status with
the User. If the employee is placed on leave, terminated or denied access to
FCIC by the User, as a result of any pending or unresolved charge(s), the
User will notify the CSO of the action taken. Generally, denial of access,
pending satisfactory resolution of any such charge(s), and notification to the
CSO of that action, will be deemed sufficient corrective action by the User.
If the User determines that no action is required while the charge(s) are
pending or unresolved; i.e., that the employee will continue to be allowed
access to FCIC, the User will notify the CSO and explain its rationale for
continued access. FDLE reserves the right, as CSA, to deny access to FCIC
and associated databases until any such charge(s) are resolved or the
situation is clarified.
The User will have a written policy for discipline of personnel who access
CJNet for purposes that are not authorized, disclose information to
unauthorized individuals, or violate FCIC/NCIC or III rules, regulations or
operating procedures.
2. PHYSICAL SECURITY: The User will determine the perimeter for the physical
security of devices that access or provide access to CJNet. Access shall be
limited as to allow completion of required duties. The User must have a written
policy that ensures and implements security measures, secures devices that
access FCIC/NCIC/CJNet and prevents unauthorized use or viewing of
information on these devices. The use of screen blanking software with password
protection is recommended for devices that access FCIC/NCIC when the operator
may leave the computer unsupervised. FDLE reserves the right to object to
equipment location, security measures, qualifications and number of personnel
who will be accessing FCIC/NCIC and to suspend or withhold service until such
matters are corrected to its reasonable satisfaction.
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FDLE Criminal Justice User Agreement
3. ADMINISTRATIVE SECURITY: The User must designate individual agency
contacts to assist the User and FDLE with the information services covered by this
agreement. Training for these positions is provided by FDLE, and the User must
ensure that its designee is keenly aware of the duties and responsibilities of each
respective position. The User is required to provide FDLE with up-to-date contact
information.
a. TERMINAL AGENCY COORDINATOR: Agencies accessing the FCIC/NCIC
system must designate a Terminal Agency Coordinator (TAC) to ensure
compliance with FCIC/NCIC and III rules, regulations and operating
procedures, and to facilitate communication between FDLE and the User.
The TAC must maintain a current CJIS Certification. TACs appointed after
February 2005 must attend TAC training within six (6) months of being
assigned to the position.
b. INFORMATION SECURITY OFFICER: Agencies accessing the FCIC/NCIC
system and/or the CJNet, must designate an Information Security Officer
(ISO) to ensure security of the FCIC/NCIC workstations, the connection to
CJNet, and any access to the information services provided on CJNet to or by
the User.
CJNet POINT OF CONTACT: Agencies accessing applications using Public
Key Infrastructure (PKI) security certificates on CJNet must designate a Point
of Contact (POC). The POC will receive and approve the issuance and
revocation of PKI certificates for the User's members.
d. FCIC PUBLIC ACCESS SYSTEM (PAS) CONTACT: Agencies making
entries into the FCIC Hot Files must designate a PAS Contact. The PAS
Contact is responsible for any follow-up activities deemed appropriate by the
User in response to tips resulting from the posting of records on the PAS.
FDLE reserves the right to object to the Users appointment of a TAC, LAI, CJNet
Point of Contact or ISO based on valid, articulable concerns for the security and
integrity of FCIC, CJNet or related programs/systems.
4. TECHNICAL SECURITY
a. Dial-up services to FCIC/NCIC and CJNet will be permitted provided the User
establishes appropriate security measures to ensure compliance with all
rules, regulations, procedures, and the FBI CJIS Security Policy.
b. All FCIC/NCIC/III data transmitted over any public network segment must be
encrypted as required by the FBI CJIS Security Policy. This requirement also
applies to any private data circuit that is shared with non-criminal justice users
and/or is not under the direct security control of a criminal justice agency.
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FDLE Criminal Justice User Agreement
c. The User must maintain, in current status, and provide upon request by FDLE
a complete topological drawing, which depicts the User's network
configuration as connected to CJNet. This documentation must clearly
indicate all network connections, service agencies and interfaces to other
information systems.
d. The User will ensure only authorized criminal justice agencies or agencies
authorized by FDLE are permitted access to the CJNet via the User's CJNet
connection.
e. The User must ensure all devices with connectivity to CJ Net employ virus
protection software and such software shall be maintained in accordance with
the software vendor's published updates.
FCIC and CJNet may only be accessed via computers or interface devices
owned by the User or contracted entity. Vendors under contract with the User
may be allowed access provided all requirements of the DOJ Security
Addendum are complied with and member security training is current.
g. The User will ensure that CJNet-only devices have a Windows or network
type password to prevent unauthorized access.
h. To ensure appropriate security precautions are in place, and upon approval
from the FDLE Network Administration staff, the User may employ wireless
network connectivity (for example the 802.11 wireless networking protocol).
5. COMPUTER SECURITY INCIDENT RESPONSE CAPABILITY: The User must
have a written policy documenting the actions to be taken in response to a
possible computer security incident. The policy should include identifying,
reporting, investigating and recovery from computer security incidents. The User
will immediately notify FDLE of any suspected compromise of the CJNet.
6. PENETRATION TESTING: The User shall allow the FBI and/or FDLE to
periodically test the ability to penetrate the CJNet through the external network
connection or system.
7. SECURITY AUTHORITY: All policies, procedures and operating instructions
contained in the FBI CJIS Security Policy and FCIC/NCIC, III and NLETS
documents, operating manuals and technical memoranda, 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.
8. CLIENT SOFTWARE LICENSE: The FCIC II Client Software (eAgent) license
from Diverse Computing, Incorporated is located in the Help menu of the eAgent
client software. The FCIC II Client Software (eAgent) license is made a part of
and incorporated by reference into this User Agreement and shall be binding on
the User upon acceptance of the software.
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FDLE Criminal Justice User Agreement
9. PRIVATE VENDORS: Private vendors which, under contract with the User, are
permitted access to information systems that process FCIC/NCIC/III data, shall
abide by all aspects of the FBI CJIS Security Addendum. The contract between
the User and the vendor will incorporate the Security Addendum to ensure
adequate security of FCIC/NCIC/III data. The User will maintain the Security
Addendum Certification form for each member of the vendor staff with access to
information systems that process FCIC/NCIC/III data. Private vendors permitted
such access should be aware of the provisions of s. 817.5681, regarding breach of
security of personal information.
10. PASSWORDS: The User will ensure that all personnel who initiate a transaction to
the FCIC II message switch have a separate and distinct password for the
software/interface used to initiate the transaction. The User will ensure that all
interfaces with the FCIC II message switch, operated by the User, follow the
password requirements as outlined in the FBI CJIS Security Policy.
11. INDIVIDUAL USER ACCESS: The User will deactivate individual user access to
eAgent and/or other FCIC interfaces, other CJNet applications, and FBI Law
Enforcement On-line (LEO), upon separation, reassignment or termination of
duties, provide individual user access is no longer required for the administration
of criminal justice.
SECTION IV MISCELLANEOUS REQUIREMENTS
FDLE has received funding from the United States Department of Justice and is
subject to and must demand intrastate users of its criminal history record services
adhere to US Code (28 U.S.C. section 534), State Statute (Chapter 943 F.S.),
Code of Federal Regulations (28 C.F.R. Part 20), Florida Administrative Code
(Chapter 11C-6, F.A.C.), FCIC/NCIC and III rules, regulations and operating
procedures which this agreement incorporates both present and future.
2. 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 $11,000 as
provided for in the Code of Federal Regulations, Title 28, Section 20.25, and/or
discontinuance of service. Moreover, certain offenses against system security and
the information contained therein are crimes under Florida Statutes and can result
in criminal prosecution.
3. PROVISIONS INCORPORATED: The User shall be bound by applicable federal
and state laws, federal regulations and the rules of FDLE to the same extent that
the User would be if such provisions were fully set out herein. Moreover, this
Agreement incorporates both present and future law, regulations and rules.
4. TERMINATION: Either party may terminate this Agreement, with or without
cause, upon providing advanced written notice of 45 days. Termination for cause
includes, but is not limited to, any change in the law that affects either party's
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FDLE Criminal Justice User Agreement
ability to substantially perform as originally provided in this Agreement. Should the
aforementioned circumstances arise, either party may terminate or modify the
Agreement accordingly.
FDLE reserves the right to terminate service, without notice, upon presentation of
reasonable and credible evidence that the User is violating this Agreement or any
pertinent federal or state law, regulation or rule.
5. MODIFICATIONS: Modifications to the provisions in this Agreement shall be valid
only through execution of a formal Agreement amendment.
6. ACCOUNTABILITY: To the extent provided by the laws of Florida, the 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 CJNet, FCIC/NCIC, III and NLETS.
7. ACKNOWLEDGEMENT: The User hereby acknowledges the duties and
responsibilities as set out in this Agreement. The User acknowledges that these
duties and responsibilities have been developed and approved by FDLE to ensure
the reliability, confidentiality, completeness, and accuracy of all records contained
in or obtained by means of the CJNet, including the FCIC/NCIC System. The User
further acknowledges that failure to comply with these duties and responsibilities
will subject its access to various sanctions as approved by the FBI Criminal Justice
Information Services Advisory Policy Board. These sanctions may include
termination of NCIC services to the User. The User may appeal these sanctions
through the CSA.
8. TERM OF AGREEMENT: This agreement will remain in force until it is
determined by FDLE that a new agreement is required. The User should initiate
the execution of a new agreement when a change of agency chief executive
occurs.
Jan 2009 Page 14 of 15
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FDl_F Criminal Justice User Agreement
IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed
by the proper officers and officials.
NAME OF THE USER Clearwater Police Department
USER CHIEF EXECUTIVE
Anthony Holloway TITLE Chief of Police
%I _ n '116 (PLEASE PRINT)
(SIGNATURE)
DATE 3 - 1- i a
WITNESS TITLE
FLORIDA DEPARTMENT OF LAW ENFORCEMENT
BY? 1 TITLE,__' '('(.t??
(PLEASE PRINT)
(SIGNATURE)
DATE 0
WITNESS TITLE IYIlS T• -
Jan 2009 Page 15 of 15