HomeMy WebLinkAboutFlorida Department of Highway Safety and Motor Vehicles MOU for Law Enforcement Agency (DAVID) HSMV-0574-22 DocuSign Envelope ID:98E2FD08-Al 139-41 E5-9458-42691 133DA6138 Contract Number HSMV- 0574-22
FLH5MV
MEMORANDUM OF UNDERSTANDING
FOR LAW ENFORCEMENT AGENCY ACCESS TO
DRIVER AND VEHICLE INFORMATION DATABASE SYSTEM (DAVID)
This Memorandum of Understanding (MOU) is made and entered into by and between
Winter Springs Police Department , hereinafter referred to as the Requesting Party, and the Florida Department
of Highway Safety and Motor Vehicles, hereinafter referred to as the Providing Agency, collectively referred to
as the Parties.
I. Purpose
The Providing Agency is a government entity whose primary duties include issuance of motor vehicle
and driver licenses, registration and titling of motor vehicles, and enforcement of all laws governing traffic,
travel, and public safety upon Florida's public highways.
In carrying out its statutorily mandated duties and responsibilities, the Providing Agency collects and
maintains personal information that identifies individuals. This information is stored in the Department's Driver
and Vehicle Information Database system, commonly referred to as "DAVID." Based upon the nature of this
information, the Providing Agency is subject to the disclosure prohibitions contained in 18 U.S.C. §2721,
the Driver's Privacy Protection Act (hereinafter "DPPA"), Section 119.0712(2), Florida Statutes, and other
statutory provisions.
The Requesting Party is a law enforcement agency operating under the laws and authority of the state of
Florida. As a law enforcement agency, the Requesting Party may receive personal information from DAVID under
the government agency exception provided in DPPA as indicated in Attachment I. The Requesting Party
utilizes DAVID information for the purposes of carrying out its statutorily mandated law enforcement and
prosecutorial functions.
This MOU is entered into for the purpose of establishing the conditions and limitations under which
the Providing Agency agrees to provide electronic access to DAVID information to the Requesting Party. Use of
the data by Requesting Party shall only be for a lawful purpose.
II. Definitions
For the purposes of this Agreement, the below-listed terms shall have the following meanings:
A. DAVID - The Providing Agency's Driver and Vehicle Information Database system that accesses and
transmits driver and vehicle information.
B. Driver License Information - Driver license and identification card data collected and maintained by the
Providing Agency. This information includes personal information as defined below.
C. Emergency Contact Information (ECI) - Information contained in a motor vehicle record listing
individuals to be contacted in the event of an emergency. Emergency contact information may be
released to law enforcement agencies through the DAVID system for purposes of contacting those
listed in the event of an emergency, as noted in Section 119.0712 (2)(d), Florida Statutes.
D. Driver Privacy Protection Act (DPPA) - The Federal Act (see, 18 United States Code § 2721, et seq.)
that prohibits release and use of personal information except as otherwise specifically permitted within the
Act.
E. Government Entity - Any non-law enforcement agency of the state, city or county government and
all Federal agencies,which may include Federal law enforcement agencies.
F. Insurance Record — Insurance information, such as Insurance Company name, policy type, policy status,
insurance creation and expiration date provided to the Requesting Party, pursuant to Section
324.242(2), Florida Statutes.
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G. Parties-The Providing Agency and the Requesting Party.
H. Personal Information — As described in Chapter 119, Florida Statutes, information found in the
motor vehicle record, which includes, but is not limited to, the subject's driver identification number, name,
address, telephone number, social security number, medical or disability information, and emergency
contact information.
I. Point-of-Contact (POC) - A person(s) appointed by the Requesting Party as the administrator of the
DAVID program in their agency.
J. Providing Agency-The Florida Department of Highway Safety and Motor Vehicles. The Providing Agency
is responsible for granting access to DAVID information to the Requesting Party.
K. Quarterly Quality Control Review Report — Report completed each quarter by the Requesting Party's
POC to monitor compliance with the MOU. The following must be included in the Quarterly Quality
Control Review Report:
1. A comparison of the DAVID users by agency report with the agency user list;
2. A listing of any new or inactivated users since the last quarterly quality control review; and
3. Documentation verifying that usage has been internally monitored to ensure proper,authorized use
and dissemination.
L. Requesting Party - Any law enforcement agency that is expressly authorized by Section 119.0712(2),
Florida Statutes, and DPPA to receive personal information contained in a motor vehicle record
maintained by the Providing Agency.
M. Vehicle Information — Title and registration data collected and maintained by the Providing Agency
for vehicles.
III. Legal Authority
The Providing Agency maintains computer databases containing information pertaining to driver's licenses
and vehicles pursuant to Chapters 317, 319, 320, 322, 328, and Section 324.242(2), Florida Statutes. The driver
license and motor vehicle data contained in the Providing Agency's databases is defined as public record
pursuant to Chapter 119, Florida Statutes, and as such, is subject to public disclosure unless otherwise exempted
by law.
As the custodian of the state's driver and vehicle records, the Providing Agency is required to provide
access to records permitted to be disclosed by law and may do so by remote electronic means pursuant to
Sections 119.0712(2), 320.05, 321.23, 322.20, and 324.242(2), Florida Statutes, and applicable rules.
Under this MOU, the Requesting Party will be provided, via remote electronic means, information
pertaining to driver licenses and vehicles, including personal information authorized to be released pursuant to
Section 119.0712(2), Florida Statutes and DPPA. By executing this MOU, the Requesting Party agrees to
maintain the confidential and exempt status of any and all information provided by the Providing Agency
pursuant to this agreement and to ensure that any person or entity accessing or utilizing said information shall
do so in compliance with Section 119.0712(2), Florida Statutes and DPPA. In addition, the Requesting Party
agrees that insurance policy information shall be utilized pursuant to Section 324.242(2), Florida Statutes.
Furthermore, the deceased date of an individual shall only be provided to a Requesting Party that meets the
qualifications of 15 CFR §1110.102. Disclosure of the deceased date of an individual, which is not in compliance
with 15 CFR §1110.102, is punishable under 15 CFR §1110.200. Additionally, because the Social Security
Administration does not guarantee the accuracy of the Death Master File (DMF), the Requesting Party is reminded
that adverse action should not be taken against any individual without further investigation to verify the death
information listed.
This MOU is governed by the laws of the state of Florida and jurisdiction of any dispute arising from
this MOU shall be in Leon County, Florida.
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IV. Statement of Work
A. The Providing Agency agrees to:
1. Allow the Requesting Party to electronically access DAVID as authorized under this agreement.
2. Provide electronic access pursuant to established roles and times, which shall be
uninterrupted except for periods of scheduled maintenance or due to a disruption beyond the
Providing Agency's control, or in the event of breach of this MOU by the Requesting Party.
Scheduled maintenance will normally occur Sunday mornings between the hours of 6:00 A.M.
and 10:00 A.M, EST.
3. Provide an agency contact person for assistance with the implementation and administration of
this MOU.
B. The Requesting Party agrees to:
1. Utilize information obtained pursuant to this MOU, including Emergency Contact Information
(ECI),only as authorized by law and for the purposes prescribed by law and as further described
in this MOU. In the case of ECI, such information shall only be used for the purposes of
notifying a person's registered emergency contact in the event of a serious injury, death, or
other incapacitation. ECI shall not be released or utilized for any other purpose, including
developing leads or for criminal investigative purposes.
2. Retain information obtained from the Providing Agency only if necessary for law enforcement
purposes. If retained, information shall be safeguarded in compliance with Section V.
Safeguarding Information,subsection C.
3. Ensure that its employees and agents complywith Section V.Safeguarding Information.
4. Refrain from assigning, sub-contracting, or otherwise transferring its rights, duties, or
obligations under this MOU,without the prior written consent of the Providing Agency.
5. Not share, provide, or release any DAVID information to any other law enforcement,
governmental agency, person, or entity not a party or otherwise subject to the terms and conditions
of this MOU.
6. Protect and maintain the confidentiality and security of the data received from the Providing
Agency in accordance with this MOU and applicable state and federal law.
7. Defend, hold harmless and indemnify the Providing Agency and its employees or agents from
any and all claims, actions, damages, or losses which may be brought or alleged against its
employees or agents for the Requesting Party's negligent, improper, or unauthorized access,
use, or dissemination of information provided by the Providing Agency,to the extent allowed bylaw.
8. Immediately inactivate user access/permissions following termination or the determination of
negligent, improper, or unauthorized use or dissemination of information and to update user
access/permissions upon reassignment of users within five(5)business work days.
9. Complete and maintain Quarterly Quality Control Review Reports as defined in Section II.
Definitions, K, and utilizing the form attached as Attachment II.
10. Update any changes to the name of the Requesting Party, its Agency head, its POC, address,
telephone number and/or e-mail address in the DAVID system within ten calendar days of
occurrence. The Requesting Party is hereby put on notice that failure to timely update this
information may adversely affect the time frames for receipt of information from the Providing
Agency.
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11. Immediately comply with any restriction, limitation, or condition enacted by the Florida
Legislature following the date of signature of this MOU, affecting any of the provisions herein
stated. The Requesting Party understands and agrees that it is obligated to comply with the
applicable provisions of law regarding the subject matter of this Agreement at all times that it
is receiving, accessing,or utilizing DAVID information.
12. Cooperate with the Providing Agency in Field Audits conducted pursuant to Section VI. Compliance
and Control Measures,subsection B., below.
13. Timely submit the reports and statements required in Section VI. Compliance and Control
Measures,below.
14. Access and utilize the deceased date of an individual, or other information from the NTIS Limited
Access Death Master File, as defined in 15 CFR §1110.2, in conformity with the following
requirements:
a) Pursuant to 15 CFR §1110.102, the Requesting Party certifies that its access to DMF
information is appropriate because the Requesting Party: (i) has a legitimate fraud
prevention interest, or a legitimate business purpose pursuant to a law,governmental rule,
regulation, or fiduciary duty; (ii) has systems, facilities, and procedures in place to
safeguard such information, and experience in maintaining the confidentiality, security,
and appropriate use of such information, pursuant to requirements reasonably similar to
the requirements of section 6103(p)(4) of the Internal Revenue Code of 1986; and (iii)
agrees to satisfy such similar requirements.
b) Pursuant to 15 CFR §1110.102, the Requesting Party certifies that it will not: (i) disclose
DMF information to any person other than a person who meets the requirements of
Section IV. Statement of Work, subsection B. paragraph 14 (a), above; (ii) disclose DMF
information to any person who uses the information for any purpose other than a legitimate
fraud prevention interest or a legitimate business purpose pursuant to a law, governmental
rule, regulation, or fiduciary duty; (iii) disclose DMF information to any person who further
discloses the information to any person other than a person who meets the requirements
of subsection IV. B. 14 (a), above; or(iv) use DMF information for any purpose other than
a legitimate fraud prevention interest or a legitimate business purpose pursuant to a law,
governmental rule, regulation or fiduciary duty.
V. Safecivarding Information
The Parties shall access, disseminate, use and maintain all information received under this MOU in a
manner that ensures its confidentiality and proper utilization in accordance with Chapter 119, Florida Statutes,
and DPPA. Information obtained under this MOU shall only be disclosed to persons to whom disclosure is
authorized under Florida law and federal law.
Any person who willfully and knowingly violates any of the provisions of this section is guilty of a
misdemeanor of the first degree punishable as provided in Sections 119.10 and 775.083, Florida Statutes. In
addition, any person who willfully and knowingly discloses any information in violation of DPPA may be subject
to criminal sanctions and civil liability. Furthermore, failure to comply with 15 CFR §1110.102 pertaining to the
deceased date of an individual may result in penalties of $1,000 for each disclosure or use, up to a maximum of
$250,000 in penalties per calendar year, pursuant to 15 CFR§1110.200.
The Parties mutually agree to the following:
A. Information exchanged will not be used for any purposes not specifically authorized by this MOU.
Unauthorized use includes, but is not limited to, queries not related to a legitimate business purpose,
personal use,or the dissemination,sharing,copying,or passing of this information to unauthorized persons.
B. The Requesting Party shall not indemnify and shall not be liable to the Providing Agency for any driver
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license or motor vehicle information lost, damaged, or destroyed as a result of the electronic exchange
of data pursuant to this MOU, except as otherwise provided in Section 768.28, Florida Statutes.
C. Any and all DAVID-related information provided to the Requesting Party as a result of this MOU, particularly
data from the DAVID system, will be stored in a place physically secure from access by unauthorized
persons.
D. The Requesting Party shall comply with Rule 60GG-2, Florida Administrative Code, and with Providing
Agency's security policies, and employ adequate security measures to protect Providing Agency's
information, applications, data, resources, and services. The applicable Providing Agency's security
policies shall be made available to Requesting Party. Additionally, with respect to the deceased date of an
individual, the Requesting Party shall have systems, facilities, and procedures in place to safeguard such
information, and experience in maintaining the confidentiality, security, and appropriate use of such
information, pursuant to requirements reasonably similar to the requirements of section 6103(p)(4) of the
Internal Revenue Code of 1986 and agrees to satisfy such similar requirements.
E. When printed information from DAVID has met record retention, it shall be destroyed by cross-cut shredding
or incineration in accordance with Florida law.
F. The Requesting Party shall maintain a list of all persons authorized within the agency to access DAVID
information. The list will not be provided to the Providing Agency but shall be subject to viewing during any
field audit conducted by the Providing Agency or in the event of a violation under Section VI. Compliance
and Control Measures, subsection D, of this MOU for the purposes of ascertaining whether the person or
persons involved have been removed from the list or have otherwise had their DAVID access modified or
limited.
G. Access to DAVID-related information, particularly data from the DAVID System, will be protected in such
a way that unauthorized persons cannot view, retrieve,or print the information.
H. Under this MOU agreement, access to DAVID system shall be provided to users who are direct employees
of the Requesting Party and shall not be provided to any non-employee or contractors of the Requesting
Party.
I. By signing this MOU, the Parties, through their signatories, affirm and agree to maintain the confidentiality
of the information exchanged through this agreement.
VI. Compliance and Control Measures
A. Quarterly Quality Control Review Report — Must be completed pursuant to Section IV, B(9), utilizing
Attachment II, Quarterly Quality Control Review Report, within 10 days after the end of each quarter and
maintained for two years. The following must be included in the Quarterly Quality Control Review Report:
1. A comparison of the DAVID users by agency report with the agency user list;
2. A listing of any new or inactivated users since the last quarterly quality control review; and
3. Documentation verifying that usage has been internally monitored to ensure proper,
authorized use and dissemination utilizing the auditing features available in DAVID.
B. Field Audits — Field audits shall be conducted by the Providing Agency in order to ensure that
MOU requirements concerning internal controls are being met. Field audits shall be conducted on-site
by Providing Agency employees, who shall be designated as "Field Liaisons" for the purposes of this
MOU. Field Liaisons shall be geographically located throughout the state. The Requesting Party shall
cooperate with the Field Liaisons in conducting field audits by granting access to systems and records
related to this MOU and assigning appropriate personnel to respond to information requests.
Audits shall be conducted a minimum of once, every two years. Field Liaisons shall contact the POC
in order to schedule the audit. At the completion of the audit, the Field Liaison will complete a report
and provide a copy to the Requesting Party within ninety (90) days of the audit date. Should the
audit report conclude that deficiencies or issues exist in regard to the Requesting Party's internal
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controls, or access to or use of DAVID information, Providing Agency reserves the right to take,
based upon the nature of the deficiencies/issues found, any or all of the following actions: audit more
frequently than once, every two years; and/or suspend or terminate Requesting Party's access to
DAVID information until such time as Requesting Party submits proof satisfactory to the Providing
Agency that the deficiencies/issues have been corrected.
C. Internal Control Attestation — This MOU is contingent upon the Requesting Party having appropriate
internal controls in place at all times that data is being provided/received pursuant to this MOU to ensure
thatthe data is protected from unauthorized access, distribution, use, modification, or disclosure. The
Requesting Party must submit an Attestation statement no later than 45 days after receipt of the audit
report referenced in Section VI. Compliance and Control Measures, subsection B., above. The
Attestation shall indicate that the internal controls over personal data have been reviewed and evaluated
in light of the audit findings and are adequate to protect the personal data from unauthorized access,
distribution, use, modification, or disclosure. The Attestation shall also certify that any and all
deficiencies/issues found during the audit have been corrected and measures enacted to prevent
recurrence. The Providing Agency may extend the time for submission of the Attestation upon written
request by the Requesting Party. The Attestation must have an original signature of the Chief, Sheriff, or
State Attorney, or person designated by Letter of Delegation to execute contracts/agreements on their
behalf,and may be sent via U.S. Mail,facsimile transmission,or e-mailed to the Providing Agency's Bureau
of Records at the following address:
Department of Highway Safety and Motor Vehicles
Chief, Bureau of Records
2900 Apalachee Parkway, MS89
Tallahassee, Florida 32399-0500
Fax: (850)617-5168
E-mail: Data Listing Unit(cDflhsmv.gov
D. Annual Certification Statement-The Requesting Party shall submit to the Providing Agency an annual
statement indicating that the Requesting Party has evaluated and certifies that it has adequate controls
in place to protect the personal data from unauthorized access, distribution, use, modification, or
disclosure, and is in full compliance with the requirements of this MOU. The Requesting Party shall
submit this statement annually, within 45 days after the anniversary date of this MOU. (NOTE: During
any year in which a Field Audit is conducted, submission of the Internal Control Attestation may satisfy the
requirement to submit an Annual Certification Statement.) Failure to timely submit the certification
statement may result in an immediate field audit and, based upon the findings of the audit, suspension
or termination of Requesting Party's access to DAVID information as indicated in Section VI. Compliance
and Control Measures, subsection B.,above.
In addition, prior to expiration of this MOU, if the Requesting Party intends to enter into a new MOU,
a certification statement attesting that appropriate controls remained in place during the final year of the
MOU and are currently in place shall be required to be submitted to the Providing Agency prior to
issuance of a new MOU.
E. Misuse of Personal Information —The Requesting Party must notify the Providing Agency in writing of
any incident where determination is made that personal information has been compromised as a result
of unauthorized access, distribution, use, modification, or disclosure, by any means, within 30 days
of such determination. The statement must be provided on the Requesting Party's letterhead and include
each of the following: a brief summary of the incident; the outcome of the review; the date of the
occurrence(s); the number of records compromised; the name or names of personnel responsible;
whether disciplinary action or termination was rendered; and whether or not the owners of the
compromised records were notified. The statement shall also indicate the steps taken, or to be taken,
by the Requesting Agency to ensure that misuse of DAVID data does not continue. This statement shall
be mailed to the Bureau Chief of Records at the address indicated in Section VI. Compliance and
Control Measures, subsection C., above. (NOTE: If an incident involving breach of personal
information did occur and Requesting Party did not notify the owner(s) of the compromised records,
the Requesting Party must indicate why notice was not provided,for example"Notice not statutorily
required.")
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In addition, the Requesting Party shall comply with the applicable provisions of Section 501.171, Florida
Statutes, regarding data security and security breaches, and shall strictly comply with the provisions
regarding notice provided therein.
VII. Agreement Term
This MOU shall take effect upon the date of last signature by the Parties and shall remain in effect for six (6)
years from this date unless sooner terminated or cancelled in accordance with Section IX. Termination. Once
executed, this MOU supersedes all previous agreements between the parties regarding the same subject matter.
Vill. Amendments
This MOU incorporates all negotiations, interpretations, and understandings between the Parties regarding
the same subject matter and serves as the full and final expression of their agreement. This MOU may be
amended by written agreement executed by and between both Parties. Any change, alteration, deletion, or
addition to the terms set forth in this MOU, including to any of its attachments, must be by written agreement
executed by the Parties in the same manner as this MOU was initially executed. If there are any conflicts in
the amendments to this MOU, the last-executed amendment shall prevail. All provisions not in conflict with
the amendment(s)shall remain in effect and are to be performed as specified in this MOU.
IX. Termination
A. This MOU may be unilaterally terminated for cause by either party upon finding that the terms and
conditions contained herein have been breached by the other party. Written notice of termination shall be
provided to the breaching party; however, prior-written notice is not required, and notice may be provided
upon cessation of work under the agreement by the non-breaching party.
B. In addition, this MOU is subject to unilateral termination by the Providing Agency without notice to
the Requesting Party for failure of the Requesting Party to comply with any of the requirements of this
MOU, or with any applicable state or federal laws, rules, or regulations, including Section 119.0712(2),
Florida Statutes.
C. This MOU may also be cancelled by either party, without penalty, upon 30 days' advanced written notice
to the other party. All obligations of either party under the MOU will remain in full force and effect during
the thirty(30)day notice period.
X. Notices
Any notices required to be provided under this MOU may be sent via U.S. Mail, facsimile transmission, or
e-mail to the following individuals:
For the Providing Agency:
Chief, Bureau of Records
2900 Apalachee Parkway
Tallahassee,Florida 32399
Fax:(850)617-5168
E-mail: DataListingUnit(@flhsmv.gov
For the Requesting Party:
Agency Point-of-Contact listed on the signature page.
XI. Additional Database Access/Subsequent MOD's
The Parties understand and acknowledge that this MOU entitles the Requesting Party to specific information
included within the scope of this agreement. Should the Requesting Party wish to obtain access to other personal
information not provided hereunder, the Requesting Party will be required to execute a subsequent MOU with the
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Providing Agency specific to the additional information requested. All MOU's granting access to personal information
will contain the same clauses as are contained herein regarding audits, report submission,and the submission of
Certification and Attestation statements.
The Providing Agency is mindful of the costs that would be incurred if the Requesting Party was required to
undergo multiple audits and to submit separate certifications, attestations, and reports for each executed MOU.
Accordingly, should the Requesting Party execute any subsequent MOU with the Providing Agency for access to
personal information while the instant MOU remains in effect, the Requesting Party may submit a written request,
subject to Providing Agency approval, to submit one of each of the following covering all executed MOU's:
Quarterly Quality Control Review Report; Certification; and Attestation; and/or to have conducted one
comprehensive audit addressing internal controls for all executed MOU's. The Providing Agency shall have the sole
discretion to approve or deny such request in whole or in part or to subsequently rescind an approved request
based upon the Requesting Party's compliance with this MOU and/or any negative audit findings.
XII. Application of Public Records Law
The parties to this Agreement recognize and acknowledge that any governmental agency having custody of
records made or received in connection with the transaction of official business remains responsible for responding
to public records requests for those records in accordance with state law (including Chapter 119, Florida Statutes),
and that public records that are exempt or confidential from public records disclosure requirements will not be
disclosed except as authorized by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLA. STAT., TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATED TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT (850) 617-3101,
OGCFILING(c-FLHSMV.GOV, OFFICE OF GENERAL COUNSEL, 2900
APALACHEE PARKWAY, STE. A432, TALLAHASSEE, FL 32399-0504.
XIII. Certification Information
Pursuant to Section IV. Statement of Work, subsection B. paragraph 14(a), above, the Requesting Party
certifies that access to DMF information is appropriate based on the following specific purpose (please describe the
legitimate purpose):
Law Enforcement Purposes
Please indicate whether the Requesting Party desires to re-disclose the deceased date of any individual to
any other person or entity: Yes ElNoRl
If the Requesting Party desires to re-disclose the deceased date of any individual to any other person or entity,
the Requesting Party agrees that it will not re-disclose the data received from the Providing Agency, but rather, will
contact NTIS at https://classic.ntis.gov/products/ssa-dmf/# to become a Certified Person, as defined by 15 CFR
§1110.2. A Requesting Party who is a Certified Person may only disclose the deceased date of an individual
pursuant to the Requesting Party's obligations under 15 CFR§1110.102.
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IN WITNESS HEREOF,the Parties hereto, have executed this Agreement by their duly authorized officials on the date(s)
indicated below.
REQUESTING PARTY PROVIDING AGENCY:
Winter Springs Police Department Florida Department of Highway Safety and Motor
Agency Name Vehicles
300 N. Moss Road 2900 Apalachee Parkway
Street Address Tallahassee, Florida 32399
Suite
Winter Springs FL 32708
City State Zip Code
BY: BY:
i Docu Signed by:
Signature of Ve
ized Official Signature of Authorized Official
Mr. She 8 Mark Hernandez
Printed/Typed Name Printed/Typed Name
City Manager Bureau chief, Purchasing & Contracts
Title Title
11/9/21 1/21/2022
Date Date
sboyle@winterspdngsfl.org
Official Agency Email Address
407-327-7550
Phone Number
Agency Point of Contact:
Daniel Accomando
Printed/Typed Name
daccomando@winterspringsfl.org
Official Agency Email Address
407-327-6579 I Phone Number
407-327-6658 I Fax Number
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sonal
U.S. Department of Commerce
National Technical Information Service
NatiGhnical InformationAlexandria, VA 22312
IMPORTANT NOTICE
On November 1, 2011, the Social Security Administration (SSA) implemented an important change in
the Death Master File (DMF) data. NTIS, a cost-recovery government agency, disseminates the Limited
Access DMF on behalf of SSA. The Limited Access Death Master File contains data on decedants who
died less than 3 years ago.
Please see the Q and A below, provided by SSA(and edited by NTIS to change the tense once the change
had been implemented) for an explanation of the change.
Should you have any questions, please email jhounsell@ntis.gov who will forward any questions not
answered below to the Social Security Administration for reply.
IMPORTANT NOTICE:
Change in Public Death Master File Records
NTIS receives Death Master File (DMF) data from the Social Security Administration (SSA). SSA receives
death reports from various sources, including family members, funeral homes, hospitals, and financial
institutions.
Q: What change has SSA made to the Public DMF?
A: Effective November 1, 2011, the DMF data that NTIS receives from SSA no longer contains protected
state death records. Section 205(r) of the [Social Security] Act prohibits SSA from disclosing the state death
records SSA receives through its contracts with the states, except in limited circumstances. (Section 205r
link - http://www.ssa.gov/OP_Home/ssact/titleO2/0205.htm)
Q: How did this change affect the size of the Public DMF?
A: The historical Public DMF contained 89 million records. SSA removed approximately 4.2 million
records from this file and adds about 1 million fewer records annually.
REMINDER:
DMF users should always investigate and verify the death
listed before taking any adverse action against any
individual."
National Technical Information Service Email: DMFCERT@NTIS.GOV
5301 Shawnee Rd Fax: 703.605.6900
Alexandria,VA 22312-2312 Form Number:NTIS FM161
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ATTACHMENT
FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
Request For Access to Driver And Vehicle Information Database System (DAVID)
The Driver's Privacy Protection Act, 18 United States Code sections 2721 ("DPPA") makes personal information
contained in motor vehicle or driver license records confidential and exempt from disclosure. Personal information
in a motor vehicle or driver license record includes, but is not limited to, an individual's social security number,
driver license or identification number, name, address, and medical or disability information. Personal information
does not include information related to driving violations and driver status. Personal information from these records
may only be released to individuals or organizations that qualify under one of the exemptions provided in DPPA,
which are listed on the back of this form.
am an authorized representative of an organization requesting personal information for one or more records as
described below. I declare that my organization is qualified to obtain personal information under exemption
number(s)
1 , as listed on page 2 of this form.
understand that I shall not use or redisclose this personal information except as provided in DPPA and that
any use or redisclosure in violation of these laws or statutes may subject me to criminal sanctions and civil
liability.
Complete the following for each DPPA exemption being claimed (attach additional page, if necessary):
DPPA Description of how Requesting Party Description of how data will be used:
Exemption qualifies for exemption:
Claimed: Law Enforcement Purposes
Law Enforcement Agency
1
Obtaining personal information under false pretenses is a state and federal crime. Under penalties of perjury,
declare that I have read the foregoing Request For Access to Driver And Vehicle Information Database System
and that I am entitled to receive Exempt Personal Information in A Motor Vehicle/Driver License Record and
tF ti facts stated in it are true and correct.
� r Chief
Sign ture of Authorized Official Title
Chris Deisler Winter Springs Police Department
Printed Name Name of Agency/Entity
10/21/21
Date
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DocuSign Envelope ID:98E2FD08-Al 139-41 E5-9458-42691 B3DA6B8
ATTACHMENT
Pursuant to section 119.0712(2), F. S., personal information in motor vehicle and driver license records can be
released for the following purposes, as outlined in 18 United States Code, section 2721:
Personal information referred to in subsection (a) shall be disclosed for use in connection with matters of motor
vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls, or advisories,
performance monitoring of motor vehicles and dealers by motor vehicle manufacturers, and removal of non-owner
records from the original owner records of motor vehicle manufacturers to carry out the purposes of Titles I and IV
of the Anti Car Theft Act of 1992, the Automobile Information Disclosure Act(15 U.S.C. 1231 et seq.), the Clean Air
Act(42 U.S.C. 7401 et seq.), and chapters 301, 305, and 321-331 of Title 49, CFR, and, subject to subsection (a)(2),
may be disclosed as follows:.
1. For use by any government agency, including any court or law enforcement agency, in carrying out its
functions, or any private person or entity acting on behalf of a Federal, State, or local agency in carrying
out its functions.
2. For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions;
motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor
vehicle parts and dealers; motor vehicle market research activities, including survey research; and removal
of non-owner records from the original owner records of motor vehicle manufacturers.
3. For use in the normal course of business by a legitimate business or its agents, employees, or contractors,
but only:
a) to verify the accuracy of personal information submitted by the individual to the business or its agents,
employees, or contractors; and
b) if such information as so submitted is not correct or is no longer correct, to obtain the correct
information, but only for the purposes of preventing fraud by pursuing legal remedies against, or
recovering on a debt or security interest against, the individual.
4. For use in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State,
or local court or agency or before any self-regulatory body, including the service of process, investigation
in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an
order of a Federal, State, or local court.
5. For use in research activities, and for use in producing statistical reports, so long as the personal
information is not published, redisclosed, or used to contact individuals.
6. For use by any insurer or insurance support organization, or by a self-insured entity, or its agents,
employees, or contractors, in connection with claims investigation activities, antifraud activities, rating or
underwriting.
7. For use in providing notice to the owners of towed or impounded vehicles.
8. For use by any licensed private investigative agency or licensed security service for any purpose permitted
in accordance with 18 USC 2721 (b).
9. For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a
commercial driver's license that is required under chapter 313 of Title 49, CFR.
10. For use in connection with the operation of private toll transportation facilities.
11. For any other use in response to requests for individual motor vehicle records if the State has obtained the
express consent of the person to whom such personal information pertains.
12. For bulk distribution for surveys, marketing or solicitations if the State has obtained the express consent of
the person to whom such personal information pertains.
13. For use by any requester, if the requester demonstrates it has obtained the written consent of the individual
to whom the information pertains.
14. For any other use specifically authorized under the law of the State that holds the record, if such use is
related to the operation of a motor vehicle or public safety.
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