HomeMy WebLinkAboutOffice of the State Attorney, 18th Judicial Circuit and Florida Department of Law Enforcement - Interagency Agreement for Criminial Justive Information Exchange and Use - 2023 08 25INTERAGENCY AGREEMENT BETWEEN WINTER SPRINGS POLICE DEPARTMENT
AND STATE ATTORNEY OFFICE FOR CRIMINIAL JUSTICE INFORMATION
EXCHANGE AND USE
WITNESSETH
WHEREAS, The WINTER SPRINGS POLICE DEPARTMENT hereafter referred to as WSPD, and the Office
of the State Attorney, 18th Judicial Circuit, hereafter referred to as SAO, are criminal justice agencies, formally
recognized by the Federal Bureau of Investigations. (FBI) and the Florida Department of Law Enforcement
(FDLE); and
WHEREAS, The WSPD maintains an electronic records management system (RMS) for the creation and
storage of offense reports, hereafter referred to as Criminal Justice Information (CJI); and
WHEREAS, The SAO wishes to routinely receive WSPD CH for the administration of criminal justice;
NOW THEREFORE, The parties agree as follows,
1. The SAO shall receive encrypted files containing offense reports and related records from the WSPD via a
Secure File Transfer Protocol (SFTP) site or paper. OR WSPD will grant access to the RMS server via an
MDT provided to the SAO through the WSPD Virtual Private Network for access and retrieval. OR WSPD
will email the SAO daily reports via CJNET.
2. The WSPD will provide the SAO with the records for criminal justice purposes at no cost to the SAO.
3. The SAO agrees to abide by all applicable local, state, and federal laws, rules, and regulations, with regards
to the use of said electronic systems.
4. The SAO agrees to abide by all the terms and conditions of the Criminal Justice User Agreement executed
between the FDLE and the WSPD, dated 08/25/2023 , and by executing this agreement, the WSPD
certifies they have an active and valid agreement with FDLE identifying them as a criminal justice agency.
5. The SAO agrees that it shall make use of the records for authorized criminal justice purposes only.
6. The SAO will disseminate CH related information obtained from the WSPD only for criminal justice
purposes.
7. The SAO will maintain any information obtained from the WSPD in a secure place and will destroy records
containing such information in compliance with all applicable federal and state laws.
8. All CRS data transmitted over any public network segment must be encrypted as required by the FBI CJIS
Security Policy.
9. To the extent provided by the laws of Florida, the SAO agrees to be responsible for the violations, negligent
acts or omissions of its personnel arising out of or involving any information contained in, received from,
entered into or through the receipt of the records.
10. The SAO must ensure all devices with connectivity to the CJI employ virus protection software and such
software shall be maintained in accordance with the software vendor's published updates; and will promptly
and fully patch Windows and other software present on all such devices, after any necessary testing, upon
such patches becoming available.
11. CJI may only be accessed via computers or interface devices owned by the SAO or contracted entity.
Personally owned devices shall not be authorized to access, process, store, or transmit CJI. Vendors under
contract with the SAO may be allowed access provided all requirements of the FBI CJIS Security
Addendum are complied with and member security training is current as required by the FBI CJIS Security
Policy.
12. All policies, procedures and operating instructions contained in the FBI CJIS Security Policy 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.
13. The SAO will have a written policy for discipline of personnel who access CJI via the WSPD records for
purposes that are not authorized, disclose information to unauthorized individuals or in an unauthorized
manner, or violate CJIS rules, regulations or operating procedures and will provide a copy of that policy to
the WSPD for its records.
14. WSPD staff and SAO personnel shall submit instances of violations of subsection (10) to the proper point of
contact within the WSPD for follow-up.
15. The SAO will provide a point of contact to the WSPD for the purpose of receiving and disseminating, as
appropriate, information concerning unauthorized publication or release of CJI for follow-up and
disciplinary action as appropriate. The SAO will conduct appropriate follow-up and will notify the WSPD of
the outcome of investigations related to violations of this agreement.
16. The WSPD has an obligation to report instances of misuse to the FDLE for follow up of applicable
investigation and applicable discipline in compliance with the FBI CJIS Security Policy.
17. The WSPD reserves the right to deny CJI or related records to any individual based on valid, articulable
concerns for the security and integrity of CJIS and related programs/systems information.
I S. Either party may terminate this agreement upon thirty (30) days written notice, except that the WSPD may
terminate this agreement immediately and without notice upon finding that the SAO has violated the terms
of this agreement.
19. The agreement shall expire a.) two (2) years after being signed by the state attorney, b.) upon the change of
agency head, or c.) upon execution of an updated or revised agreement. Agency head is defined in this
agreement as state attorney, police chief, or sheriff.
20. The WSPD shall advise the SAO in writing, which may be done by email to the SAO IT Director, of the
name of the custodian of records for the WSPD and shall update the name upon it changing.
This agreement constitutes the entire agreement of the parties and may not be modified as amended without
written agreement executed by both parties.
IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed by the proper officers
and officials.
WINTER SPRINGS POLICE DEPARTMENT
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Matt Tracht, Chief of Police Date
OFFICE OF THE STATE ATTORNEY,
18th JUDICIAL CIRCUIT
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hil Archer, St a Attorney ate
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Wi ess N m and Title Date
WITNESS
Witness Name and Title Date