Memorandum of Understanding with Florida Department of Law Enforcement (signed) •
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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 PARTICIPATION WITHIN
THE FLORIDA REGIONAL LAW ENFORCEMENT EXCHANGE SYSTEM
(RLEX)
APPROVED
JANUARY 21, 2016
TABLE OF CONTENTS
I. BACKGROUND/PURPOSE 1
II. PARTIES 1
III: AUTHORITY 1
IV. SOURCE, STATUS, AND PURPOSE OF SHARED INFORMATION 1
V. N-DEX PARTICIPATION 2
VI. USE OF N-DEX FOR CRIMINAL JUSTICE EMPLOYMENT SCREENING 3
VII. RESPONSIBILITIES OF CONTRIBUTORS OF INFORMATION 3
VIII. ACCESS TO INFORMATION 4
IX. ACCEPTABLE USE AND DISSEMINATION OF INFORMATION 5
X. SECURITY 7
XI. N-DEX RESPONSIBILITIES 7
XII. COSTS 8
XIII. LIABILITY 8
XIV. GOVERNANCE 9
XV. SANCTIONS 9
XVI. EFFECTIVE DATE/DURATION/MODIFICATION/TERMINATION 10
XVII. AMENDMENTS 10
XVIII. NOTICE AND CONTACT 11
XIX. SIGNATORY PAGE 12
APPENDIX A: N-DEX CRIMINAL JUSTICE EMPLOYMENT SCREENING REQUIREMENTS 13
Regional Law Enforcement Exchange Memorandum of Understanding
I. BACKGROUND/PURPOSE
The Florida Regional Law Enforcement Exchange (RLEX) is a law enforcement
information sharing system that is designed to assist agencies in solving crime and
fighting terrorism through improved data sharing. The initial system was the product of a
joint procurement between the Tallahassee, Ft. Myers, and Miami Regional Domestic
Security Task Force regions, as well as State law enforcement agencies.
The purpose of the RLEX system is to allow participating agencies to contribute data
(principally records management and jail management systems) in a format which will
give other participating agencies the ability to query the data. RLEX utilizes the Law
Enforcement Information Exchange (LInX) data sharing initiative as the core mechanism
for access to the data, and RLEX operates within LInX under the system name of Florida
Regional Law Enforcement Information Exchange (FL-RGNL). This system provides the
warehouse of data for participating agencies, and will enable RLEX to query other LInX
systems beyond the FL-RGNL region of LInX to access other regions across the country
and the FBI National Data Exchange (N-DEx) system.
The purpose of this MOU is to formally set forth the terms and conditions for participating
in the RLEX system, including the ownership and control of the information within the
system. This MOU is intended to supersede the previously-signed R-LEX Procurement
MOU, the RLEX Implementation (Agency) MOU, and all subsequent versions and
amendments thereof.
II. PARTIES
A. The parties to this MOU ("Parties") are the Florida Department of Law Enforcement
and the City Of Miami Beach, On Behalf Of The Miami Beach Police Department.
B. Other law enforcement agencies within Florida may choose to participate in RLEX by
signing and agreeing to this RLEX MOU with the Florida Department of Law
Enforcement. Such agencies, upon becoming a party to the MOU, shall have the same
rights, privileges, obligations, and responsibilities as all other parties, consistent with and
as determined by the agency's use of the system.
III. AUTHORITY
Authority for Florida state, county, and local agencies to enter into this MOU includes
Sections 943.03(5), 943.03(14), 943.0312(2), and 943.0544(5), Florida Statutes (2015).
IV. SOURCE, STATUS, AND PURPOSE OF SHARED INFORMATION
A. The RLEX solution relies upon a cooperative partnership of law enforcement
agencies (contributing Agencies) to provide records and other data from certain data
systems under their control (sharing their data). Contributing Agencies agree to share
their identified data with each other and with other parties to this MOU.
B. Each Agency participating in RLEX does so under its own individual legal status,
jurisdiction, and authority, and all RLEX operations are based upon the legal status,
jurisdiction, and authority of the individual participating agencies. The RLEX data-
sharing initiative is not intended to, and shall not be deemed to have any independent
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legal status. This MOU is an agreement between the parties and is not intended to
create, and does not create or confer, on any other person or entity any right or benefit,
substantive or procedural, enforceable at law or otherwise.
C. The RLEX warehouse system will be housed in a secure datacenter located in
Florida, as approved by the Executive Steering Committee (ESC). In use, the system
will be encrypted over the Florida's Criminal Justice Network (CJNet) and only law
enforcement agencies will have access to the data.
D. RLEX will only be populated with source information derived from each contributing
Agency's "own records," and is not in any manner intended to be an official repository of
original records, or to be used as a substitute for one, nor is the information in the
system to be accorded any independent record system status.
E. There is no obligation and there should be no assumption that a particular Agency's
records housed in the RLEX data warehouse represent a complete or accurate mirror
image of that Agency's records system for any subject or person.
F. Commercially available references, public source information, and software
applications, such as commercial directories, census data, mapping applications, and
analytical applications are considered to be non-record material and will be maintained
in accordance with applicable contracts and/or licensing agreements. To the extent that
any such information is relevant and appropriate for preservation as independent
records, it will be the responsibility of the accessing Agency to incorporate such
information as records of the accessing Agency in the Agency's own official records
system(s) in accordance with that Agency's records management processes and any
applicable contract or licensing agreement.
G. RLEX is not intended by the participating agencies to operate or be used as a
criminal history system or a criminal intelligence system governed by the provisions of
Title 28, Parts 20 and 23 respectively, of the Code of Federal Regulations.
V. N-DEX PARTICIPATION
A. 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 RLEX ESC, which restricts full data access 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 configure additional access
restrictions 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.
B. The FBI will include N-DEx system use audits in its triennial audits of FDLE Criminal
Justice Information Services (CJIS). In addition, FDLE CJIS will include N-DEx audits in
its normal triennial CJIS audits of each participating agency.
1) Both the FBI CJIS Division and the Florida CJIS Systems Officer(CSO) may
audit N-DEx use through RLEX at the agency and regional level. In addition, the
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FBI CJIS Division and the CSO may review any available RLEX Self-Audit
Reports as a further means of auditing compliance with N-DEx polices and
requirements.
2) All such audits of N-DEx access through RLEX will be "system use" audits to
assess the Participating Agencies' understanding of and compliance with N-DEx
policies and requirements, as well as those of RLEX. The audits may also
review the frequency of submissions of data to N-DEx. Such N-DEx audits will
not include data quality (e.g., completeness and accuracy) reviews for records
contributed to N-DEx by Participating Agencies. Rather, the CSO expects the
RLEX Metadata Planners and Agency Administrators will conduct periodic data
quality reviews.
VI. USE OF N-DEX FOR CRIMINAL JUSTICE EMPLOYMENT SCREENING
Participating agencies may use N-DEx to conduct criminal justice employment
background checks, including the screening of employees or applicants of other
agencies over which participating agencies maintain management control, provided the
correct use code "J" is selected and the User follows official FBI CJIS policy regarding
Notice and Consent, Redress and Use Code J, as explained in the current Criminal
Justice Information Services Law Enforcement National Data Exchange (N-DEx) Policy
and Operating Manual ("N-DEx Policy Manual"). Agencies must modify the User's
Notice and Consent form to the applicant for employment as described in Appendix A:
N-DEx Criminal Justice Employment Screening Requirements.
VII. RESPONSIBILITIES OF CONTRIBUTORS OF INFORMATION
A. Each Agency retains sole ownership of and sole responsibility for the information it
contributes, and may at will at any time update, correct, or delete any of its information
contained in RLEX. All system entries will be clearly marked to identify the contributing
Agency.
B. Just as each party retains sole ownership and control of the information it
contributes, so does a party retain sole ownership of the copies of that information
replicated in RLEX. An RLEX user may print a record from any RLEX agency and retain
said copy to assist with case investigation. Destruction of the said copy may only take
place in accordance with applicable Florida public record retention requirements. An
RLEX user may print a record from any other Regional LInX agency; however the
retention time for all other Regional LInX agencies is 72 hours. At the end of the 72-hour
period said user must destroy the copy. No records printed from a LInX system,
including RLEX, may be used as part of any investigative case file. A user must obtain
an official record and approval from the contributing agency, regardless of where the
agency is located, in order to use in an investigative case file.
C. Each Agency will be responsible for ensuring sealed or expunged records are
updated as such within the RLEX system. The action will occur as an automated
process, but can be performed manually by the vendor should the automated process
fail.
D. The contributing Agency has the sole responsibility and accountability for ensuring
that no information entered into RLEX was obtained in violation of any Federal, State, or
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local law applicable to the contributor and for ensuring compliance with all laws,
regulations, policies, and procedures applicable to the Agency's entry and sharing of
information into RLEX, to include, but not limited to, firearm ownership data prohibited
from being compiled by Section 790.335, Florida Statutes.
E. In an effort to maintain system discipline, contributing Agencies shall submit data,
including any updates or changes to the original submission, on at least a monthly basis.
Updates and changes are encouraged as often as the contributing Agency can feasibly
execute them.
F. RLEX includes an audit capability that will log user activity. Each Agency will
designate a point of contact who shall have access to that Agency's portion of the audit
log. Internal requests for copies of the audit log may be forwarded to each Agency for
direct response to that Agency's portion of the audit log. All audit log files shall be
protected to prevent unauthorized changes or destruction.
VIII. ACCESS TO INFORMATION
A. Each Agency may restrict any investigative information to the extent deemed
necessary for confidentiality or security purposes.
B. Newly discovered links, matches, relationships, interpretations, etc., located in the
analysis of RLEX information may be relevant and appropriate for preservation as
independent records. It will be the responsibility of the accessing Agency to incorporate
such information as records of the accessing Agency in the Agency's own official
records system(s) in accordance with that Agency's records management processes.
An Agency that desires to incorporate in its own separate records information
contributed by another Agency, including any analytical products based on another
Agency's information, must first determine the current status of that information from the
entering Agency, and advise the entering Agency of its intent to use the data.
C. An Agency member may not access RLEX unless he or she has a legitimate, official
need to know for an authorized criminal justice purpose. 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 RLEX system, and that such information
must be verified and substantiated, independently of its presence in RLEX, before any
action is taken. Any use made of information derived from or related to data in the RLEX
system for employment or contractor/vendor screening must be consistent with
applicable state and federal law. RLEX information shall not be included in any official
case file, nor used in the preparation of judicial process such as search or arrest
warrants (with accompanying affidavits) or subpoenas. References to the RLEX
database should be avoided in lieu of references to the original source documentation.
D. Any Agency member directly accessing the RLEX 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 RLEX system is in compliance with this requirement.
E. As allowed by Florida's CSO, RLEX 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 RLEX system and data:
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Minimum Screening Requirements for Individuals Requiring Access to CJI; Personnel
Screening for Contractors and Vendors; Security Awareness Training; and 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 RLEX
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 RLEX system for the purpose of an arrest-hit
notification within the State of Florida and at the national level once National RAPBACK
is implemented within Florida.
IX. ACCEPTABLE USE AND DISSEMINATION OF INFORMATION
A. Any release of information from the RLEX system should be made in conformance
with the obligations and exemptions from dissemination imposed by Florida law.
Participating Agencies will not release information generated by another Agency without
first consulting the originating (contributing) Agency to determine the current status of
that information. Information which is exempt from disclosure by law may not be
released without the permission of the originating Agency.
B. Information obtained from the RLEX 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.
C. Notwithstanding the requirement in the preceding paragraph (IX)(B), immediate
dissemination of RLEX information without permission can be made if:
1) There is an actual or potential threat of terrorism, immediate danger of death
or serious physical injury to any person, or imminent harm to the national
security; or
2) It is necessary to disseminate such information without delay to any
appropriate recipient for the purpose of preventing or responding to such a
threat, danger, or harm.
D. The RLEX contributing agency shall be immediately notified of any dissemination
made under paragraph C, above.
E. Information in the system shall not be disseminated outside of an accessing Agency
without first obtaining express permission of each Agency that contributed the
information in question unless the information is subject to disclosure by court order or
applicable law. The owner of the information shall be subsequently notified of any and
all disseminations made under this exception.
F. The parties to this MOU recognize and acknowledge that any Agency having custody
of information remains responsible for responding to public records requests for that
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information in accordance with applicable law (specifically, Chapter 119, Florida
Statutes). Chapter 119 also identifies various types of information that are exempt from
disclosure, including many related to law enforcement and public safety. These include,
but are not limited to active investigations, juvenile records, names. and addresses of
sexual assault victims, security information, and critical infrastructure information.
G. Information or summaries of information from the RLEX system may be shared with
a non-participating law enforcement agency in the furtherance of a legitimate law
enforcement investigation, with the recognition that such disclosure, for other than
criminal justice purposes, may risk waiver of public records exemptions for that
information moving forward.
H. Data from the RLEX contributing agencies may be shared with local, state, tribal, and
federal law enforcement agencies through external systems similar to RLEX with the
majority approval of ESC members and contingent upon the Representative(s) of the
connecting system signing an MOU with FDLE that incorporates the following terms:
1) Viewing and use of RLEX data shall be restricted to law enforcement
agencies within the jurisdictions of the United States and its various states and
territories.
2) Acceptable Access, Use, and Dissemination rules of the RLEX System (as
described in sections VIII and IX) 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 RLEX MOU.
I. RLEX information cannot be accessed or used for any other purpose, including
general licensing, eligibility for federal or state benefits, or background investigations for
other agencies. All agencies will share their investigative information with the other
RLEX agencies under an express promise of confidentiality. Agencies will protect such
information from disclosure to the greatest extent possible consistent with applicable
public access laws, and applicable compulsory process (such as a court order).
Agencies will notify the RLEX ESC immediately upon becoming aware of a lawsuit or a
preceding information demand brought in any court seeking access to information in
RLEX, in either verbatim or derivative form.
J. Under no circumstance is an Agency to publicly report statistics using data from
another jurisdiction obtained through operation of this MOU without prior written
authorization from the contributing agency that owns the data. This includes statistics of
any kind for the entire jurisdiction or part of the jurisdiction; Uniform Crime Reporting
(UCR) statistics and non-UCR statistics; and internal studies, published studies, maps or
grant projects.
K. Any requests for reports or information stored within RLEX will be directed to the
contributing agency. Requests for information from RLEX that has been incorporated
into the accessing Agency's records and analytical products based on another Agency's
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information are subject to applicable public records laws.
L. If at any time an Agency fails to comply with the acceptable use and dissemination of
information policies, that party may be deemed in material breach of this MOU.
X. SECURITY
A. Data stored in the RLEX system will be stored in a Physically Secure Location as
defined by the most recent version of the FBI CJIS Security Policy (October 2015,
Version 5.4) and will only be accessible via CJNet.
B. Each Agency will be responsible for designating those employees who have access
to RLEX and agrees to use the same degree of care in protecting information accessed
under this MOU as it exercises with respect to its own sensitive information.
C. Each Agency shall designate an Administrator who will be authorized to add and
delete users from the RLEX system. Each Agency is responsible for notifying its
Administrator to promptly revoke user access to the RLEX system when the user no
longer requires or no longer is permitted access to the RLEX system or has separated
from the Agency. The Administrator is responsible for ensuring that each user has a
current telephone number and email address associated with his or her profile in RLEX.
D. Each Agency is responsible for ensuring that mandatory training is completed by
each employee authorized to access the RLEX system prior to providing query access to
RLEX. Specifically, the training must include information regarding the appropriate use
and dissemination of information obtained from the system and compliance with N-DEx
training requirements described in the current N-DEx Policy Manual.
E. Each Agency agrees to take appropriate corrective administrative and/or disciplinary
action against any of its personnel who misuse the RLEX system, as that Agency would
if it were an abuse of sensitive information in its own record system.
F. Personnel, physical, administrative, and technical security shall be consistent with
the FBI's CJIS Security Policy.
XI. N-DEX RESPONSIBILITIES
A. Each Agency shall designate and notify RLEX and Florida's CJIS Systems Officer
(CSO) of an N-DEx Agency Coordinator (NAC), who will serve as the Agency's point of
contact for matters relating to N-DEx, including monitoring the Agency's compliance with
N-DEx system policies, as identified herein and within the N-DEx Policy Manual. The
Agency may change its NAC at any time, but must notify RLEX and the CSO in writing of
the change. The RLEX Agency Administrator and NAC may be the same person for the
Agency.
B. The NAC may hold any one or more of the administrative roles specified in the Policy
Management section of the N-DEx Policy Manual. The NAC will be responsible for the
following functions, as identified in the N-DEx Policy Manual and required by the CSO:
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1) Exercising supervisory authority over the operation of N DEx at the Agency
2) Training on N-DEx policies
3) Adhering to authorized use/dissemination of N-DEx information
4) Attending and participating in the N-DEx audit process
5) Maintaining agency-level records pertaining to N DEx users and notifying the
CSO of any changes
6) Reporting violations or incidents of attempts to compromise N-DEx, R-LEX,
or information contained within the systems, immediately to RLEX and the CSO.
7) Assuring completion of fingerprint- based criminal history checks on all N-
DEx users and notifying the CSO if an arrest history is found.
8) Assuring, along with the Agency Source Data Administrator (SDA), as
described in the N-DEx Policy Manual, that the configurable information sharing
controls are set according to Agency requirements.
9) Assuring Agency adherence to the N-DEx Policy Manual, CJIS Security
Policy, and this Agreement in their submission, access, and use of N-DEx
information
10) Conducting an annual audit of all Agency users of N-DEx to include
confirming that those users are eligible to participate in N-DEx; and notifying the
CSO of all users, upon request or as needed to maintain currency and
completeness of the list of users.
XII. COSTS
A. Ongoing costs for RLEX will be typical software/system maintenance costs. When
practical and authorized, efforts will be made to secure federal grant funding to meet
these costs; however such funding is not guaranteed. If future grant funding cannot be
secured, the Executive Steering Committee (ESC) will seek other funding alternatives.
The parties acknowledge that there is no intimation, promise, or guarantee that funds
designated for RLEX will be available in future years.
B. During any required data configuration, mapping, uploading, testing and hardware
and software installation, a participating Agency is required to provide, at its cost,
personnel familiar with the agency databases, networks, and computer systems. Each
Agency will also be required to provide, at its cost, internal resources to administer
system access, coordinate training, and audit system usage by agency personnel.
C. Agency-specific operational costs such as internet connectivity fees or hardware to
access the CJNet are not covered by grant funds.
D. In order to provide for any data re-mapping efforts that may result, each Agency is
responsible for notifying FDLE (see contact below) at least sixty (60) calendar days prior
to performing any upgrade or replacement of any system feeding data to RLEX.
XIII. LIABILITY
A. RLEX is not a separate legal entity capable of maintaining an employer-employee
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relationship and, as such, no person assigned by an Agency to perform RLEX related
functions shall be considered an employee of the RLEX or of any other Agency for any
purpose. The assigning Agency thus remains solely responsible for supervision, work
schedules, performance appraisals, compensation, overtime, vacations, retirement,
expenses, disability, and all other employment-related benefits incident to assignment of
its personnel to RLEX functions.
B. Unless specifically addressed by the terms of this MOU (or other written agreement),
the parties acknowledge responsibility for the negligent or wrongful acts or omissions of
their respective officers and employees, but only to the extent they would be liable under
the laws of the jurisdiction(s) to which they are subject. Participation in RLEX does not
constitute a waiver of any defense or immunity lawfully available to an Agency.
C. RLEX provides a suite of tools to all participating agencies to access the regional
data for the purposes of conducting investigative queries and crime analysis functions.
In addition, RLEX provides link analysis and other functions to assist agencies with their
investigations. Although the Parties make a good faith effort to ensure these tools,
functions, and all other information it provides to agencies are accurate and that the
RLEX system is available for use at all times, RLEX is a conduit for information prepared
by others, which relies on the accuracy and timeliness of data prepared by others in
order to allow sharing of data among agencies. Therefore, the Parties disclaim any
responsibility for the accuracy, correctness, or timeliness of the data. In no event shall
the parties to this MOU become liable to users of these data, or any other party, for any
loss or damages, consequential or otherwise, including but not limited to time, money, or
goodwill, arising from the use, operation or modification of the data. In using these data,
users further agree that the Parties shall have no liability of any nature arising out of or
resulting from the lack of accuracy, correctness, or timeliness of the data, or the use of
the data.
XIV. GOVERNANCE
The RLEX system will be operated under a shared management concept in which the
parties will be represented by an Executive Steering Committee (ESC). Members of the
ESC ("Regional Representatives") are appointed and granted delegated authority by the
Regional Domestic Security Force (RDSTF) Co-chairs for the respective regions and
FDLE's Commissioner, or their designees. The responsibilities of the ESC are more
particularly defined in the document captioned The Regional Law Enforcement
eXchange Governance Structure, which is available on the RLEX section of FDLE's
CJNet web site.
XV. SANCTIONS
A. Violation of the acceptable use policies or of any law or regulation applicable to
access to or use of RLEX or RLEX data (hereinafter referred to as "Misuse") by a party
to this MOU or one of its employees or agents, may lead to suspension or termination of
an agency or particular user's access to RLEX.
B. In the event a party to this MOU discovers suspected or actual Misuse of RLEX or
RLEX data, he or she will immediately inform the Regional Representative, who will in
turn immediately notify the ESC. The ESC in consultation with the Regional Co-chair, or
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designee, will determine whether to suspend or terminate access and if so, to whom the
suspension or termination will apply, and will notify the affected Agency. Such
suspension or termination shall be immediate; it will not be delayed pending the outcome
of any appeal. The affected user will be notified of the decision by the ESC and then will
have ten (10) calendar days to appeal the decision to the ESC Chair. The ESC shall
have final decision-making authority.
C. Any supervisor, law enforcement officer, employee, agent, representative, task force
member, contractor/subcontractor, or consultant, who by virtue of his or her employment
or official position, has possession of, or access to, RLEX data that contain individually
identifiable information, the disclosure of which is prohibited by law, agreement, this
MOU, policy, rules, or regulation and who, knowing that the disclosure of the information
is prohibited, willfully or recklessly discloses the material in any manner, including oral
communication, may be prosecuted or fined under any applicable federal or state law, or
may be subject to administrative or disciplinary action.
D. An individual Agency's participation in RLEX may be terminated, involuntarily, by
unanimous agreement of the RLEX ESC, if such Agency fails to take appropriate
corrective and/or remedial action within a reasonable period, not to exceed ninety (90)
calendar days, following notification of a documented finding that the Agency in question
is in systemic or repeated Misuse, violation of applicable laws and procedures governing
access to and use of the participating Agencies' data, or is otherwise in breach of this
MOU.
XVI. EFFECTIVE DATE/DURATION/MODIFICATION/TERMINATION
A. This MOU shall become effective when signed by the duly authorized
representatives of FDLE and the participating Agency.
B. This MOU shall continue in force for the participating Agencies indefinitely for so long
as it continues to advance those Agencies' purposes, contingent upon approval and
availability of necessary funding.
C. At any time an Agency may provide thirty (30) calendar days prior written notice to
the other participating Agencies of its intent to withdraw from participation in RLEX.
D. All rights, obligations, responsibilities, limitations, and other understandings with
respect to the disclosure and use of all information received during an Agency's
participation in this MOU shall survive any termination. This MOU shall remain in effect
for the remaining participating Agencies.
E. This MOU may be terminated at any time by the mutual written agreement of the
duly authorized representatives of all parties or when all members have withdrawn their
participation from the MOU.
F. All information contributed or accessible to RLEX by a terminating or terminated
Agency will be deleted or rendered inaccessible by the Agency from RLEX.
G. Each Contributing Agency terminating or having its participation in RLEX terminated
will have its historical data removed from the RLEX system.
XVII. AMENDMENTS
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This MOU may be modified upon the mutual written consent of the participating
Agencies. However, the participating Agencies may, without the need of formal MOU
modification, cooperatively address and resolve administrative, technical, and
operational details relating to this MOU, provided that any such resolution: does not
conflict with the spirit, intent, or provisions of this MOU; could not reasonably be viewed
as particularly sensitive, controversial, or objectionable by one or more parties; and is
sufficiently memorialized to meet the business purposes of RLEX governance (including
adequately informing current and future parties).
XVIII. NOTICE AND CONTACT
A. All notices provided under or pursuant to this MOU shall be in writing, delivered
either by hand-delivery, or first class, certified mail, return receipt requested, to the
representatives identified below at the addresses set forth below.
B. The name and address of FDLE's representative responsible for the administration
of this MOU is:
Name: Jeff Dambly, Assistant General Counsel
Address: Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, FL 32308
C. The name and address of the representative of the participating Agency responsible
for the administration of this MOU is:
Name: Daniel Oates—Chief of Police
Address: Miami Beach Police Department
1100 Washington Ave.
Miami Beach, FL 33139
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Regional Law Enforcement Exchange Memorandum of Understanding
XIX. SIGNATORY PAGE
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT(FDLE)
AND
THE CITY OF MIAMI BEACH POLICE DEPARTMENT FOR PARTICIPATION WITHIN
THE FLORIDA REGIONAL LAW ENFORCEMENT EXCHANGE SYSTEM (RLEX)
AGREED TO BY:
FOR THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT:
Signature:
Date: 7/1A
Name: Richard L. Swearingen
Title: Commissioner
Agency: Florida Department of Law Enforcement
FOR THE AGENCY:
Signature: P-KLc (SAX■S
AlITEST:
Date: ( t ° t f io
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Name: James Morales ,. j ►�"','"y►�
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Title: City Manager - . �'* \ �^ � 4` 4,
..APPROVED.AS TO
Agency: City of Miami Beach FARM&LANGUAGE
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Regional Law Enforcement Exchange Memorandum of Understanding
Appendix A: N-DEx Criminal Justice Employment Screening Requirements
For agencies using N-DEx to conduct Criminal Justice Employment Screening, one of the
following statements, at a minimum, must appear on the User's Notice and Consent form to the
applicant for employment:*
Notice and Consent:
General Statement:
The [Participating Agency's] acquisition, retention, and sharing of information related to
your employment application is generally authorized under 28 C.F.R. section 20.33 and
F.S. s. 943.053(3) (a) and Ch. 119. The purpose for requesting this information is to
conduct a complete background investigation pertaining to your fitness to serve as a
[employee type].
This background investigation may include inquiries pertaining to your [employment],
[education], [medical history], [credit history], [criminal history] and any information
relevant to your character and reputation. By signing this form, you are acknowledging
that you have received notice and have provided consent for [Participating Agency] to
use this information to conduct such a background investigation, which may include the
searching of [N-DEx], [criminal justice databases], [private databases], and [public
databases].
Specific N-DEx Statement:
I authorize any employee or representative of [Participating Agency] to search N-DEx to
obtain information regarding my qualifications and fitness to serve as a [employee type].
I understand that N-DEx is an electronic repository of information from federal, state,
local, tribal, and regional criminal justice entities. This national information sharing
system permits users to search and analyze data from the entire criminal justice cycle,
including crime incident and investigation reports; arrest, booking, and incarceration
reports; and probation and parole information. This release is executed with full
knowledge, understanding, and consent that any information discovered in N-DEx may
be used for the official purpose of conducting a complete employment background
investigation. I also understand that any information found in N-DEx will not be
disclosed to any other person or agency unless authorized and consistent with
applicable law. I release [Participating Agency] from any liability or damage that may
result from the use of information obtained from N-DEx.
Redress:
If employment is denied solely due to information obtained from N-DEx, and the
applicant challenges the accuracy or completeness of those records, Participating
Agency (the denying agency) shall provide the applicant with the contact information of
the agency contributing (owning) the information underlying the decision to deny. After
receiving a written request from the applicant challenging the accuracy or completeness
of the record used to deny employment, the contributing (record-owning) agency shall
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Regional Law Enforcement Exchange Memorandum of Understanding
then review the relevant information and advise the applicant in writing whether it has
confirmed the accuracy or completeness of its records or whether the records will be
corrected. If the applicant does not receive a response from the contributing (record-
owning) agency within 30 calendar days from the date of the applicant's written request,
the applicant may contact the FBI CJIS Division N-DEx Unit, 1000 Custer Hollow Rd,
Clarksburg, WV 26306. The FBI shall forward the challenge to the contributing (record-
owning) agency for verification or correction. The contributing (record-owning) agency
shall then review the relevant information and advise the applicant in writing whether it
has verified its records or whether the records will be corrected. Agencies should inform
applicants of the applicant's responsibility to provide any corrected information to the
Participating Agency (denying agency) that may assist the contributing (record-owning)
agency in its research on behalf of the applicant.
An applicant wishing to challenge the accuracy or completeness of his or her Florida
criminal history record, if one exists, may also use the procedures for personal review
set forth in F.S. s. 943.056 and F.A.C. Rule 11C-8.001.
Use Code "J":
All use of N-DEx for criminal justice employment background investigations shall require
Use Code "J." Agencies that contribute records to N-DEx shall be permitted and
enabled to reject Use Code "J" requests. When N-DEx is searched as part of a criminal
justice employment background investigation, the fact that the search was conducted
must be documented in the applicant's file. If information accessed through N-DEx is
viewed and used during the criminal justice employment background investigation, the
Participating Agency must document in the applicant's file: (1) that the Participating
Agency (requesting agency) received advanced authorization for the use of the
information for employment purposes from the contributing (record-owning) agency and
(2) that the Participating Agency (requesting agency) has confirmed the accuracy of the
information with the contributing (record-owning) agency.
"Items in brackets may be filled in or deleted as appropriate.
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