HomeMy WebLinkAboutFlorida Department of Law Enforcement VEHRS User Agreement
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Florida Department of Law Enforcement
Criminal Justice Information Services Division
User Services Bureau
VECHS USER AGREEMENT
Volunteer & Employee Criminal History System (VECHS)
for Criminal History Record Checks by a Qualified Entity
under the National Child Protection Act of 1993, as amended,
and Section 943.0542, Florida Statutes
I. Parties to Agreement
This Agreement, entered into by the Florida Department of Law Enforcement (hereinafter
referred to as FDLE), an agency of the State of Florida, with headquarters in Tallahassee,
Florida, and Citv of Winter Sprinqs
(hereinafter referred to as User), located at 1126 East State Road 434
Wi nter Spri nqs. Flori da 32708 , is intended to set forth the
terms and conditions under \:Vhich criminal history background checks authorized by the
National Child Protection Act of 1993, as amended, (hereafter referred to as the NCPA),
and as implemented by Section 943.0542, Florida Statutes, (F.S.), shall be conducted.
A. FDLE has established and maintains intrastate systems for the collection, compilation,
and dissemination of state criminal history records and information in accordance with
subsection 943.05(2), F.S., and, additionally, is authorized and does participate in
similar multi-state and federal criminal history records systems pursuant to subsection
943.05(2), F.S.;
B. FDLE and its user agencies are subject to and must comply with pertinent state and
federal regulations relating to the receipt, use, and dissemination of records and record
information derived from the systems of FDLE and the United States Department of
Justice (Chapter 943, F.S., Chapter 11C-6, F.A.C., 28 C.F.R. Part 20);
C. User is a public, private, for profit, or not-for-profit entity operating within the State of
Florida and is authorized to submit fingerprint cards and review resultant criminal history
records as part of the screening process for its current and/or prospective employees
and volunteers (which classes of persons shall be understood for purposes of this
Agreement to include contractors and vendors who have or may have unsupervised
access to the children, disabled, or elderly persons for whom User provides care),
pursuant to section 943.0542, F.S., and the NCPA, and forms the legal basis for User's
access to criminal history record information derived from the systems of the U.S.
Department of Justice; and
D. User is desirous of obtaining and FDLE is required and willing to provide such services
so long as proper reimbursement is made and all applicable federal and state laws,
rules, and regulations are strictly complied with.
NCPA-2-E (revised 01-2001 ).doc
Florida Department of Law Enforcement/CJIS/USBNECHS
(VECHS - Volunteer & Employee Criminal History System)
User Agreement for Criminal History Record Checks
Page 2
Now, therefore, in light of the foregoing representations and the promises, conditions, terms,
and other valuable considerations more fully set forth hereinafter or incorporated by reference
and made a part hereof, FDLE and User agree as follows:
II. Service, Compliance, and Processing
A. FDLE agrees to:
1. Assist User concerning the privacy and security requirements imposed by state and
federal laws, and regulations; provide User with copies of all relevant laws, rules,
and or regulations as well as updates as they occur; offer periodic training for User's
personnel;
2. Provide User with such state criminal history records and information as reported to,
processed, and contained in its systems and legally available to the User; and
3. Act as an intermediary between User and the United States Department of Justice,
securing for the use and benefit of User such federal and multi-state criminal history
records or information as may be available to User under federal laws and
regulations.
B. User agrees to:
1. Submit requests to FDLE for criminal history background checks pursuant to this
agreement only for User's current and prospective Florida employees and
volunteers, for whom User is not already required to obtain state and national
(Level 2) criminal history background checks under any other state or federal
statutory provision. User shall continue to comply with all other such statutory
provisions for all applicable persons;
2. Determine whether the current or prospective employee or volunteer has been
convicted of, or is under pending indictment for, a crime that bears upon his or her
fitness to have access to or contact with children, the elderly, or individuals with
disabilities;
3. Obtain a completed and signed Waiver Agreement and Statement form (provided by
FDLE) from every current or prospective employee and volunteer, for whom User
submits a request for a criminal history background check to FDLE. (The signed
Waiver Agreement and Statement allows the release of state and national criminal
history record information to the qualified entity.) The Waiver Agreement and
Statement must include the following: (a) the person's name, address, and date of
birth that appear on a valid identification document (as defined at 18 U.S.C. section
1028); (b) an indication of whether the person has or has not been convicted of a
crime, and, if convicted, a description of the crime and the particulars of the
conviction; (c) a notification to the person that User may request a criminal history
background check on the person as authorized by section 943.0542, F.S., and the
NCPA; (d) a notification to the person of his or her rights as explained in paragraph
12 below; and (e) a notification to the person that, prior to the completion of the
background check, User may choose to deny him or her unsupervised access to a
NCPA-2-E (revised 01-2001 ).doc
Florida Department of Law Enforcement/CJIS/USBNECHS
(VECHS - Volunteer & Employee Criminal History System)
User Agreement for Criminal History Record Checks
Page 3
person to whom User provides care. User shall retain the oriainal of every Waiver
Aareement and Statement and Drovide FDLE with a CODY thereof;
4. Use only fingerprint cards provided by FDLE specifically designed for use with
requests for criminal history record checks under the NCPA; provide FDLE with a
properly completed and executed fingerprint card for each current or prospective
employee and volunteer for whom User requests a criminal history record check
pursuant to this agreement; and indicate either "NCPA/VCA VOLUNTEER" or
NCPA/VCA EMPLOYEE" in the "reason fingerprinted" block of each fingerprint card
submitted. (VCA refers to Volunteers for Children Act);
5. Keep all records necessary to facilitate a security audit by FDLE and to cooperate in
such audits as FDLE or other authorities may deem necessary. Examples of
records that may be subject to audit are criminal history records; notification that an
individual has no criminal history; internal policies and procedures articulating the
provisions for physical security; records of all disseminations of criminal history
information; and a current, executed User Agreement with FDLE;
6. **IF ENTITY IS PRIVATE, FOR PROFIT OR NOT FOR PROFIT** - Pay for services
provided by FDLE and the Federal Bureau of Investigation (FBI) in accordance with
rule 11 C-6.004, F.A.C., with the submission of fingerprint cards;
7. **IF ENTITY IS A GOVERNMENTAL AGENCY** - If set up on a billing account with
FDLE for services requested pursuant to this agreement, reimburse FDLE, in a
timely fashion, in accordance with rule 11 C-6.004, F.A.C., upon proper presentation
of billing for state services rendered and reimburse the FBI, in a timely fashion via
FDLE, upon proper presentation of billing for federal services rendered. If not on a
billing account, User shall pay for services provided by FDLE and the FBI in
accordance with rule 11C-6.004, F.A.C., with the submission of fingerprint cards and
requests for criminal history background checks;
8. **IF ENTITY IS A GOVERNMENTAL AGENCY** - Maintain adequate records and
monitor allocate funds for payment of services under this agreement;
9. Insure that the appropriate personnel know to keep the information obtained under
this agreement in a secure place and to use it only for the screening as outlined in
this agreement;
10. Promptly advise FDLE of any violations of this agreement;
11. Share criminal history information with other qualified entities only after confirming
with FDLE that the requesting entity has been designated a qualified entity and has
signed a user agreement, and only after verifying that the current prospective
employee or volunteer has authorized the release of his or her criminal history
records, if any, to other qualified entities by a statement on his or her signed waiver.
User will respond that it is unable to provide any information to the requesting entity
if the current or prospective employee or volunteer has requested that his or her
criminal history record (s) not be released to any other qualified entity; and
NCPA-2-E (revised 01-2001 ).doc
Florida Department of Law EnforcementlCJIS/USBNECHS
(VECHS - Volunteer & Employee Criminal History System)
User Agreement for Criminal History Record Checks
Page 4
12. Notify the current or prospective employee or volunteer of his or her right to obtain a
copy of the criminal history records, if any, contained in the report, and of the
person's right to challenge the accuracy and completeness of any information
contained in any such report, and to obtain a determination as to the validity of such
challenge before a final determination regarding the person is made by the qualified
entity reviewing the criminal history information. (Information on these rights may be
obtained by contacting FDLE, regarding Florida records, at FDLE, Attn: USBNECHS
Unit, P.O. Box 1489, Tallahassee, Florida 32302-1489, (850) 410-8324, or by
contacting the FBI, regarding federal/national records, at FBI, Criminal Justice
Information Services Division, Attn: SCU, MOD D-2, 1000 Custer Hollow Road,
Clarksburg, West Virginia 26306, (304) 625-3878.) A qualified entity that is
required by law to apply screening criteria, notwithstanding any right to contest or
request an exemption from disqualification, shall apply such screening criteria to the
state and national criminal history record information received from the department.
III. Privacy and Security
A. User shall use criminal history record information acquired hereunder only to screen
User's Florida current and/or prospective employees and/or volunteers, and only for
purpose(s) of employment and/or determination of suitability for access to children,
elderly, or disabled persons, pursuant to the terms of the NCPA of 1993, as amended,
and section 943.0542, F.S. If User is a governmental agency, such records may
additionally be used in administrative hearings associated with one of the enumerated
purposes;
B. User shall not commingle criminal history records with other records, whether such other
records are public or not;
C. User shall not duplicate and/or disseminate criminal history records acquired hereunder
for use outside of User entity except as authorized by state and federal law. Sharing of
criminal history records with other qualified entities is permitted by the FBI provided that:
1. Such other entity is authorized to receive criminal history record information derived
from the systems of the U.S. Department of Justice in the manner specified herein
and User has verified the other entity's qualifying status as required herein; and
2. User properly listed "NCPANCA VOLUNTEER" or "NCPANCA EMPLOYEE", in the
"reason fingerprinted" block of the fingerprint card User submitted to FDLE for the
applicable current or prospective employee or volunteer. (VCA represents
Volunteers for Children Act);
D. User has been approved to receive criminal history record information pursuant to
specific statutory authority and shall not use criminal history record information acquired
pursuant to such approval for any other purpose;
E. User shall not use or rely upon a criminal history record or information which is or is
likely to be out-of-date and, in any event, if criminal activity is pertinent to and
considered at the time of an employee or volunteer's service, a current computerized
criminal history must be requested and relied upon;
NCPA-2-E (revised 01-2001 ).doc
Florida Department of Law EnforcementlCJIS/USBNECHS
(VECHS - Volunteer & Employee Criminal History System)
User Agreement for Criminal History Record Checks
Page 5
F. User may destroy criminal history records when they are no longer needed. The original
Waiver Agreement and Statement form must be retained by User for as long as the
employee or volunteer is working for User, or for five years, whichever is longer.
Destruction must be accomplished in a way so that the information cannot be retrieved;
for example, the records may be shredded;
G. User shall keep criminal history records acquired hereunder in a secure file, safe, or
other security device, such as locked file cabinet in an access-controlled area, and shall
take such further steps as are necessary to insure that the records are accessible only
to those of its employees who have been trained in their proper use and handling and
have a need to examine such records; and
H. **IF ENTITY IS SUBJECT TO THE PUBLIC RECORDS ACT** - If User is subject to the
Public Records Act, chapter 119, F.S., User shall, upon receipt of any request, pursuant
to the public records law, for a processed fingerprint card or criminal history record,
transmit the request, along with the involved fingerprint card and criminal history record,
to the Florida Department of Law Enforcement, Attention: User Services Bureau. FDLE
will prepare copies of the involved documents, obliterating any state or federal data
which is not available for dissemination under the Florida public records law, and return
all documents to the User for response to the requester. However, a processed card, or
photocopy of same, may be provided to a law enforcement agency for fingerprint
identification purposes, if so requested. User shall not release any criminal history
information that is made exempt from public records disclosure by law. In particular,
record information derived from the U.S. Department of Justice shall not be
disseminated outside the User entity or used for a purpose other than that specified in
the statute authorizing the request, section 943.0542, F.S.
IV . Termination
Either FDLE or User may suspend the performance of services under this agreement when,
in the reasonable estimation of FDLE or User, the other party has breached any material
term of the agreement. Furthermore, upon FDLE becoming aware of a violation of this
agreement which might jeopardize Florida's access to federal criminal history information,
FDLE shall have the option of suspending services under this agreement, pending
resolution of the problem. The violation of any material term of this agreement or of any
substantive requirement or limitation imposed by the federal or state statutes, regulations,
or rules referred to in this agreement shall be deemed a breach of a material term of the
agreement.
Section 943.053(4), F.S., provides that criminal history record information received from
(FDLE) "shall be used only for the purpose stated in the request." National criminal history
information received from the FBI is made confidential by federal law and regulation.
Section 815.04(3)(b), F.S., prohibits, as a third-degree felony, the willful and knowing
disclosure of data from a computer system, without authorization, which data is made
confidential by law.
V. Miscellaneous
A. User agrees that
NCPA-2-E (revised 01-2001 ).doc
Florida Department of Law EnforcemenVCJIS/USBNECHS
(VECHS - Volunteer & Employee Criminal History System)
User Agreement for Criminal History Record Checks
Page 6
1. User is currently operating a lawful business or other entity within the State of
Florida, with a physical address in Florida;
2. User is legally authorized to operate its business or other entity within the State of
Florida;
3. User has complied and will continue to comply with all requirements to properly
operate its business or other entity within the State of Florida; and
4. User shall promptly notify FDLE upon any change to the above, including but not
limited to name, address, and status as a business or other entity operating in
Florida.
B. This agreement supersedes any previous agreements concerning the NCPA of 1993, as
amended, and/or section 943.0542, F.S.;
C. This agreement may be amended by FDLE as needed, to comply with state or federal
laws or regulations, or administrative needs of FDLE; and
D. This agreement is binding upon all User employees, agents, officers, representatives,
volunteers, contractors, vendors, successors in interest, beneficiaries, subsidiaries, and
assigns.
IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed by the
proper officers and officials.
NAME OF USER ENTITY
City of Winter Springs
ENTITY HEAD ~ Rona 1 d McLemore
o (P~rEASEPRINT)
ENTITY HEAD .i?~~~ b'~ -
. (SIGNATUF.U;)
OAT!;. . ~'11'Q~
WITN~SS~ . c.....?c ' TITLE~4.MI--.t;-'0 :;t ~ f'il~-1
FLORIDA DEPARTMENT OF LAW ENFORCEMENT (FDLE)
TITLE
City Mana<;ler
BY TITLE
DATE
TITLE
WITNESS
NCPA-2-E (revised 01-2001}.doc
VECHS QUALIFIED ENTITY APPLICATION
Volunteer & Employee Criminal History System (VECHS)
for Criminal History Record Checks
under the National Child Protection Act of 1993, as amended,
and Section 943.0542, Florida Statutes
ENTITY NAME: City of Winter Sorinqs
PHYSICAL OPERATING ADDRESS IN FLORIDA: 1126 East State Road 434, Winter Springs, FL 32708
Florida Department of Law Enforcement
Criminal Justice Information Services Division/User Services Bureau
Seminole
COUNTY:
MAIN CORPORATE/ORGANIZATION PHYSICAL ADDRESS: S / A
NAME OF ENTITY HEAD:
S/A
327-1800
Ronald McLemore
Mary Wil son
327-5962
FAX: ( 407
MAILING ADDRESS:
ENTITY PHONE: ( 407
LEGAL TYPE OF ENTITY (Select .Q!!!):
Governmental (Public) MJ
TITLE: C i tv Manager
T1TL~ Human Resources Coordinator
E-MAIL ADDRESS: mwi 1 son@winterspringsfl.org
Private - Non-Profit 0 Private - Profit 0
CONTACT PERSON:
CONTACT PHONE: ( 407
Please check all appropriate areas below that apply to the servlce(s) provided by your entity to children. the elderlv. and/or the disabled. NOTE:
A "child" Includes any unmarried person under 18 years of age that has not been emancipated by order of a court. An "elderly person" means
any person 60 years of age or older. A "disabled person" Includes any person with a mental or physical Impairment who requires assistance to
rf dll tak
Je orm one or more a IY s s.
Type of Person(s) Care or Treatment Education, Training, Supervision Recreation Care Placement
or Instruction
Child XX XX XX XX
Elderly XX XX XX XX
Disabled XX XX XX
ENTITY MISSION STATEMENT/SUMMARY OF TYPE OF SERVICES YOUR ENTITY PROVIDES - Please describe the services your entity provides
that would qualify your entity to receive state and national criminal history record checks under this program and the applicable laws:
Municipal Government
Do you plan to request state & national criminal history checks through the VECHS Program on YOUR current or prospective FLORIDA
employees, volunteers, contractors/vendors? YES --XL NO If no, please explain (continue on separate page, If necessary):
(Contractors or vendors may be checked through the VECHS Program, If they have or may have unsupervised access to the children, elderly, or
disabled persons for whom a qualified entity provides care.)
Number of Current Employees: 260 Number of Current Volunteers: I 0
Number of Expected New Employees Number of Expected New Volunteers I
during the next 12 months: 30 during the next 12 months: . 0
Are you currently required !rllaw to obtain state and national (LEVEL 2) criminal history record checks on i!.!rl of your current/prospective
employees,L volunteers? YES ~ NO If yes, what state agency monitors your entity and these required record checks?
tOLE
PLEASE NOTE: Entitles that are required to obtain state and national (LEVEL 2) criminal history checks under other statutorv Drovislons. on all
or specific employees/volunteers, must continue to comply with those statutes and the procedures that specifically apply to them. These entities
must continue to use the fingerprint cards specifically provided for processing the required record checks. Requests for these reaulred criminal
history record checks may!!2t be processed through th~. VECH~ ,Program, pursuant to federal and Florida law.
Approximately how many finaerprint cards do yOU. a..ntlciP2te $ubmitting to FDLE, through the VECHS Proaram. I
for state and national criminal history record checks, "'1lt~ln the pext twelve months?
~~ ~-~~
30
SIGNATURE OF ENTITY HEAD:
DATE: /1-/'" oJ
Please mall your completed application to FDLE !It the address beJo\.... Please contact us at the number below for further Information.
FLORIDA DEPARTMENT OF LAW ENFORCEMENT
USER SERVICES BUREAU. ATTN: VECHS UNIT - P.O. BOX 1489
TALLAHASSEE, FL. 32302-1489
(850) 410-VECHS
NCPA-1-E (revised 01-2001).doc