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MEMORANDUM OF UNDERSTANDING
AMENDMENT 1
BETWEEN
THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT
(FDLE)
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AND
THE CITY OF MIAMI BEACH, ON BEHALF OF THE
MIAMI BEACH POLICE DEPARTMENT,
FOR THE IMPLEMENTATION OF
THE REGIONAL LAW ENFORCEMENT EXCHANGE SYSTEM
(R-LEX)
R-LEX MOU Amendment#1 / 6r ' Page 1 of 6
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AMENDMENT#1 TO THE
REGIONAL LAW ENFORCEMENT EXCHANGE
MEMORANDUM OF UNDERSTANDING
The Regional Law Enforcement Exchange Memorandum of Understanding (hereafter "R-LEX
MOU"), entered into between the Florida Department of Law Enforcement (hereafter referred to
as FDLE), an agency of the State of Florida, and the City of Miami Beach on behalf of the Miami
Beach Police Department, (hereinafter referred to as the Agency), and dated November 8,
2010, is hereby amended to address and clarify the conditions under which connections to other
data sharing systems will be allowed; the conditions for sharing data with the FBI's National
Data Exchange (N-DEx) system; the certification and training requirements for individual access
to R-LEX; the costs of participation by contributing agencies; to correct an internal reference; to
specify the procedure for compliance with requirements of the FBI CJIS Security Policy for
contractors and vendors working on the R-LEX system; to acknowledge that the R-LEX
Governance Structure has been restated; to recognize use of the R-LEX system for screening
of employees and contractors; and to revise the procedure for termination of participation in R-
LEX.
Except as expressly amended herein, the R-LEX MOU remains in full force and effect. To more
fully and effectively accomplish the purposes for which the R-LEX MOU was originally entered
into, it is hereby amended as follows:
1. Paragraph C of Section II. PARTIES, is amended to reflect the following change and
correction:
C. Law enforcement agencies in other Regions, and federal law enforcement agencies,
may participate in the R-LEX system with the majority approval of the Executive Steering
Committee (ESC) members and upon signing and agreeing to this MOU. (The structure
of the ESC is defined in the document captioned The Regional Law Enforcement
eXchange Governance Structure, which is referred to in Section XII — Governance
jbelow], and is available on the R-LEX section of FDLE's public web site.)
2. Paragraph F of Section IV. SOURCE, STATUS, AND PURPOSE OF SHARED
INFORMATION, is amended by adding the following provision:
For data shared with the FBI's National Data Exchange (N-DEx) system, contributing
agencies will, unless otherwise authorized as provided herein, use the version of the FBI
ORI Sharing Template approved by the R-LEX ESC, which restricts full access to data to
law enforcement agencies only, and provides "pointer" information to other criminal
justice entities (i.e., an indication that information is held by a contributing agency, but
not the content of that information). Contributing Agencies will retain full control over
access to their data within N-DEx and have the ability to further restrict such access via
the FBI ORI Sharing Template. If a contributing agency prefers to modify the FBI ORI
Sharing Template with respect to access restrictions of the agency's data stored in N-
DEx, access to the Template for that purpose will be granted by contacting the N-DEx
Program Office at the FBI.
R-LEX MOU Amendment#1 Page 2 of 6
3. Paragraph C of Section VI. ACCESS TO INFORMATION, is amended by adding the
following provision as the second and third sentences therein.
Authorized criminal justice purpose includes preliminary screening of applicants
(including contractors and vendors) for employment with an Agency; provided that no
action in this regard will be taken based solely on information retrieved from the R-LEX
system, and that such information must be verified and substantiated, independently of
its presence in R-LEX, before any action is taken. Any use made of information derived
from or related to data in the R-LEX system for employment or contractor/vendor
screening must be consistent with applicable state and federal law.
4. Paragraph D and E are added to Section VI. ACCESS TO INFORMATION:
D. Any Agency member directly accessing the R-LEX system must hold a current FDLE
CJIS certification or have completed Security Awareness Training as required by the FBI
CJIS Security Policy. Agencies are responsible for assuring that any agency member
directly accessing the R-LEX system is in compliance with this requirement. Agencies
with existing R-LEX users should attain compliance for their existing users within ninety
(90) days of the signing of this document; agencies with new R-LEX users should attain
compliance before granting their new users initial access.
E. Federal agencies may be granted user accounts to access R-LEX with the majority
approval of the Executive Steering Committee (ESC) members and contingent upon the
Representative(s) of the connecting system signing a R-LEX MOU with FDLE.
5. Paragraph B of Section VII. USE AND DISSEMINATION OF INFORMATION, is amended
by adding the following language:
B. Information obtained from the R-LEX system, including analytical products derived
therefrom, shall not be used as a basis for enforcement or other official action, including
employment screening or screening of contractors and vendors, unless the user Agency
first notifies and verifies the reliability and accuracy of the information with the Agency(s)
that contributed the information in question.
6. Paragraph F is added to Section VII. USE AND DISSEMINATION OF INFORMATION:
F. Data from the R-LEX contributing agencies may be shared with local, state, tribal, and
federal law enforcement agencies through systems similar to R-LEX with the majority
approval of the Executive Steering Committee (ESC) members and contingent upon the
Representative(s) of the connecting system signing an MOU with FDLE that
incorporates the following terms:
R-LEX MOU Amendment#1 Page 3 of 6
1) Viewing and use of R-LEX data shall be restricted to law enforcement agencies
within the jurisdictions of the United States and its various states and territories.
2) Access, Use and Dissemination rules of the R-LEX System (as described in
sections VI and VII) must be followed by all users.
3) The connecting system, its members, and users must adhere to the latest approved
version of the FBI CJIS Security Policy.
For the FBI's National Data Exchange (N-DEx) or other system outside of Florida, the
following term must also be included:
4) Data shared with the FBI's National Data Exchange (N-DEx) system must use the
FBI ORI Sharing Template to restrict data sharing to law enforcement and to the
purposes defined in the R-LEX MOU.
7. The second sentence of Paragraph B of Section VIII. SECURITY, is amended by inserting
the phrase "promptly" between "Administrator to" and "revoke."
8. Paragraph E of Section VIII. SECURITY, is designated Paragraph F, with the following
provision added as new Paragraph E:
E. As allowed by Florida's CJIS Systems Officer (CSO), R-LEX participating agencies
agree to delegate to FDLE the following requirements of the FBI CJIS Security Policy for
contractors and vendors fulfilling contractual requirements in support of the R-LEX
system and data: Section 5.12.1.1 Minimum Screening Requirements for Individuals
Requiring Access to CJI; Section 5.12.1.2 Personnel Screening for Contractors and
Vendors; Section 5.2 Security Awareness Training; and Section 5.1.1.5 Private
Contractor User Agreements and CJIS Security Addendum of the FBI CJIS Security
Policy. If an individual contractor or vendor is found to have an arrest history, the
participating agency will, as required by each agency's CJIS user agreement, notify the
State CSO so that a decision regarding access can be made based on the FDLE
Guidelines for CJIS Access. In addition, FDLE will maintain a list of approved R-LEX
contractors and vendors who have completed the background process that will be made
available to participating agencies upon request. The background investigation
conducted by FDLE meets or exceeds the FBI CJIS Security Policy requirements. (Any
reference to the FBI CJIS Security Policy in this MOU shall be understood to be to the
current version of that Policy.) FDLE will retain fingerprints at the state level for all
contractors/vendors working on the R-LEX system for the purpose of an arrest hit
notification within the State of Florida.
9. The caption of Section X. COSTS, is amended by inserting the phrase "FOR
CONTRIBUTORS OF INFORMATION" after the word "COSTS."
10. Paragraph A of Section XII. GOVERNANCE, is amended to reflect the following change:
A. The R-LEX system will be operated under a shared management concept in which the
parties will be represented by an Executive Steering Committee (ESC). The
responsibilities of the ESC are specifically defined in the document captioned The
Regional Law Enforcement eXchange Governance Structure, which is available on the
R-LEX section of FDLE's public web site [address deleted].
R-LEX MOU Amendment#1 Page 4 of 6
11. Paragraph H of Section XIII. Effective Date/Duration/Modification/Termination, is
amended to reflect the following changes:
H. Each Contributing Agency terminating or having its participation in R-LEX terminated
may elect to have its historical data either remain in or be removed from the R-LEX data
warehouse. If the Contributing Agency chooses to have its data removed, it will be
responsible for any vendor fees associated with that removal. If the terminating or
terminated Contributing Agency chooses to allow its historical data to remain within the
warehouse, it acknowledges that the responsibility to communicate any updates to that
data directly to IBM (the successor to KCC) for manual removal, including orders for
sealed or expunged records, is that of the Contributing Agency.
This Amendment shall become effective when signed by the duly authorized representatives of
FDLE and the participating Agency and shall remain in effect for as long as the R-LEX MOU
between FDLE and that Agency is in effect.
R-LEX MOU Amendment#1 Page 5 of 6
SIGNATORY PAGE
AMENDMENT #1 TO THE R-LEX MEMORANDUM OF UNDERSTANDING
BETWEEN
THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT (FDLE)
AND
THE CITY OF MIAMI BEACH ON BEHALF OF THE
MIAMI BEACH POLICE DEPARTMENT
FOR THE IMPLEMENTATION OF
THE REGIONAL LAW ENFORCEMENT EXCHANGE SYSTEM (R-LEX)
AGREED T Y:
FOR THE FLORIDA D A ENT OF LAW ENFORCEMENT:
Signature:
Date: 1
Name: Gerald Bailey
Title: Commissioner
Agency: Florida Department of Law Enforcement
FOR THE' CITY OF MIAMI BEACH, ON BEHALF OF THE MIAMI BEACH POLICE
DEPARTMENT:
Signature:
Date:
� 2
Name: Jimmy Morales
Title: City Manager
Agency: City of Miami Beach
ATTEST: ':
INCORF ORATED
Date:
RAFA E. GR a
'`' APPROVED AS TO
City of Miami B clt, j 2�
TRM0 AGE
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R-LEX MOU Amend n
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