CN-760000-10223.pdf

DocuSign Envelope ID: 3B1F7CCC-FD98-43E5-A79D-E29B989FE862

HSMV-0102-23

05/04/2021

STATE-TO-STATE VERIFICATION SERVICE AGREEMENT

THIS STATE-TO-STATE VERIFICATION SERVICE AGREEMENT (“Agreement”) is made as of September 22, 2022 (“Effective Date”) between the undersigned driver licensing agency of the State of FLORIDA/DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

(“FLHSMV”) and the AMERICAN ASSOCIATION OF MOTOR VEHICLE

ADMINISTRATORS, a District of Columbia nonprofit corporation (AAMVA). The FLHSMV and AAMVA are individually referred to in this Agreement as a “Party” and collectively as the

“Parties”.

BACKGROUND

A. AAMVA has developed and operates the State-to-State Verification Service (“S2S”).

S2S enables jurisdictions participating in the S2S program (“Participating

Jurisdictions”) to help determine whether an applicant for a driver license or identification card holds a driver license or identification card issued by another

Participating Jurisdiction.

B. FLHSMV desires to participate in the S2S program in accordance with the terms and conditions set forth in this Agreement.

AGREEMENTS

IN CONSIDERATION of the mutual promises made in this Agreement, the parties agree as follows:

1. Primary S2S Responsibilities.

a. Subject to the terms and conditions of this Agreement, AAMVA agrees to provide FLHSMV with online driver license and identification card (DL/ID) issuance verification services using S2S.

b. FLHSMV agrees to carry out its obligations under this Agreement and to comply with the current Enforcement of S2S Compliance document (available on AAMVA website at http://www.aamva.org/State-to-State) as amended by the S2S Governance Committee from time to time.

2. Onboarding.

a. FLHSMV agrees to develop and maintain a coded interface to S2S that is compliant with the current version of the S2S Specifications. (Available on

AAMVA website at http://www.aamva.org/State-to-State) AAMVA agrees to provide reasonable assistance to FLHSMV in order to facilitate interfacing with S2S. FLHSMV agrees to consult with AAMVA prior to making any modifications to the coded interface during the term of this Agreement.

http://www.aamva.org/State-to-State

b. Testing with AAMVA is limited to transactions between FLHSMV and S2S.

AAMVA shall have no responsibility for testing the FLHSMV’s graphical user interface (GUI) through which it will access S2S.

c. FLHSMV agrees that it will not access S2S until AAMVA has completed, to its satisfaction, structured tests of FLHSMV’s application (including testing of the initial load process) and has issued written authorization for FLHSMV to access S2S.

3. Fees. FLHSMV agrees to pay for use of S2S in accordance with the charges set forth in the current AAMVA’s Products & Services Government Rate Schedule (available on AAMVA website at https://www.aamva.org/technology/network-services). All fees, are exclusive of any applicable state or local sales, use or other taxes of a similar nature. Unless it furnishes a current, valid sales and use tax exemption certificate, FLHSMV shall be responsible for all such taxes imposed upon AAMVA for amounts paid by FLHSMV to AAMVA under this Agreement. This Agreement is subject to

FLHSMV issuing one or more purchase orders under Section 287.058, Florida

Statutes, to implement this Agreement and pay the fees for use of S2S.

4. All charges for FLHSMV’s use of S2S are subject to change upon at least twelve (12) months written notice from AAMVA to FLHSMV.

5. Data Use, Privacy and Security.

a. AAMVA

i. AAMVA agrees to institute the controls as detailed in the S2S System

Security and Privacy Plans, copies of which are available on request.

The S2S System Security and Privacy Plans are subject to modification by AAMVA. Controls include, but are not limited to, the following privacy and security tenets of the Plan:

1. Access and Authorization;

2. Contingency Planning;

3. Data and Communication Protections; and

4. Security Event Monitoring

ii. AAMVA agrees to implement the administrative, technical and physical safeguards created to protect and ensure the proper handling of

Personally Identifiable Information (“PII”). AAMVA will not disclose, reuse or sell the S2S data per the privacy protections described in the

S2S Privacy Impact Assessment (available on AAMVA website at http://www.aamva.org/State-to-State) and the S2S System Security and

Privacy Plans.

b. FLHSMV

i. FLHSMV’s use of any data furnished by a Participating Jurisdiction is strictly limited to the uses permitted under this Agreement. FLHSMV https://www.aamva.org/technology/network-services agrees to limit the use of, and access to, S2S information and the records created by the data exchange under this Agreement to the purpose of administering their driver’s license and/or identification card programs, including investigations of DL/ID related fraud. FLHSMV shall not allow any other state or local governmental agency or other organization or person to have access to S2S, or information obtained by FLHSMV from S2S, without prior written authorization by

AAMVA.

ii. FLHSMV agrees to adopt policies and procedures to ensure that data exchanged under this Agreement is used in accordance with the terms and conditions of this Agreement and any applicable laws.

iii. FLHSMV acknowledges and agrees that the jurisdiction that contributes original data to a driver history record has a continuing right to make that data available, subject to applicable federal law or applicable law of the jurisdiction that contributed the original data, whether or not that jurisdiction is the state of record (SOR) for the pointer associated with that data.

iv. FLHSMV further acknowledges that it has responsibility to maintain all pointers that it creates or that it receives as a result of a SOR transaction. This maintenance responsibility extends to any driver history associated with such pointers.

1. A jurisdiction that is the SOR for a pointer may make available, subject to applicable federal law or applicable law of the jurisdiction of the SOR, all driver history data that the SOR originated or received for that pointer.

2. A jurisdiction that served as the SOR for a pointer but that no longer is the SOR for that pointer may make available, subject to applicable federal law or applicable law of the jurisdiction of the SOR, all driver history data it originated or received during the time the jurisdiction served as SOR for that pointer.

v. FLHSMV acknowledges and agrees that its implementation and use of

S2S shall have no impact on the operational and legal requirements established from time to time for state participation in the Commercial

Driver’s License Information System (CDLIS).

c. FLHSMV acknowledges that a positive (“match”) verification only establishes that the data it submitted matches the data contained within the S2S pointer service, subject to the tolerances established in the S2S matching routines. The jurisdiction receiving S2S data is then responsible, among other things, for:

i. authenticating the identity of the applicant

ii. determining if the information received pertains to the applicant

iii. determining whether or not to issue a driver’s license or identification card

d. FLHSMV agrees to limit the storage of data received from Participating

Jurisdictions through S2S, as follows:

i. If FLHSMV determines that the information received does not pertain to the person applying for a driver’s license or identification card, FLHSMV may retain only the minimum information that is needed for its governmental business purposes and agrees to securely destroy the remaining information it received from the other state.

ii. If FLHSMV determines that the information received does pertain to the person applying for a driver’s license or identification card, and for any reason decides not to issue a driver’s license or identification card, FLHSMV agrees to retain only the minimum information needed for its governmental business purposes, and agrees to securely destroy the remaining information it received from the other state.

iii. If FLHSMV determines that the information received pertains to the person applying for a driver’s license or identification card, and decides to issue a driver’s license or identification card, FLHSMV may add some or all of the received driver history to the person’s driver record in the receiving state.

e. FLHSMV agrees to restrict access to the information obtained from S2S, through FLHSMV’s systems or directly through the S2S web user interface, to only those authorized State employees, State agents, State representatives or

State contractors who need it to perform their official duties in connection with the intended uses of the information authorized in this Agreement. FLHSMV will restrict access to S2S information by taking actions including, but not limited to:

i. Immediately disabling accounts upon resignation/termination, or when access is no longer needed;

ii. Conducting a review of access accounts at least every 120 days to ensure that any obsolete accounts are disabled; and

iii. Monitoring use of accounts having access to S2S information.

f. FLHSMV agrees to audit user access to the systems and network infrastructure connecting to S2S, processing S2S information or storing S2S information.

g. FLHSMV agrees to prevent, detect and deter unauthorized access to its driver files, or to the systems and network infrastructure connecting to S2S, processing S2S information, or storing S2S information.

h. FLHSMV agrees to notify AAMVA within 1 calendar day following any confirmed incidents of data breach.

i. FLHSMV agrees to establish and enforce penalties for misuse of S2S data within its state.

j. FLHSMV acknowledges and agrees that when it sends data to another state, the receiving state may choose to retain all or parts of the data, and the protection of the retained data is governed by the receiving state’s data retention and disclosure rules.

k. FLHSMV agrees to use the AAMVA Best Practices for the Deterrence and

Detection of Fraud (March 2015) (available on AAMVA website at https://www.aamva.org/publications-news/best-practices-standards/best-practices) as a guideline for state policy and procedures for safeguarding information provided under this Agreement.

l. FLHSMV agrees to provide notice to the applicants that the PII collected for the purpose of issuing a Driver License or ID card may be verified against nationwide systems for accuracy.

FLHSMV agrees to comply with the requirements and procedures set forth in the current Enforcement of S2S Compliance document, as amended by the S2S

Governance Committee from time to time.

6. Term, Termination and Suspension of Service.

a. The term of this Agreement shall begin on the Effective Date and shall remain in effect until it is terminated in accordance with Section 6(b) of this

Agreement.

b. Either AAMVA or FLHSMV may terminate this Agreement upon 90 days’ prior written notice to the other party. Such termination will be effective 90 days from the date of the notice, or at a later date specified in the notice.

c. AAMVA may immediately temporarily suspend FLHSMV’s access to S2S under this Agreement if it determines that FLHSMV has: (1) incurred an unauthorized use of S2S, (2) violated or failed to comply with the terms of this

Agreement or (3) if suspension is required to protect the integrity of S2S.

Following suspension of FLHSMV’s access to S2S under this Agreement, AAMVA will work with FLHSMV to resolve the issues necessitating the suspension, with the goal of restoring FLHSMV’s access as soon as possible.

d. As of the effective date of termination of this Agreement, or the suspension of access to S2S, FLHSMV shall no longer have visibility or access to S2S data or functionality. S2S data provided by FLHSMV prior to termination or suspension of service shall be removed from the system as a part of the termination process.

e. The parties acknowledge that FLHSMV’s participation in S2S requires significant modification of FLHSMV’s information technology systems, and that the termination of FLHSMV’s participation in S2S may require significant programming and administrative transitions. In the event of termination of

FLHSMV’s participation in S2S as provided above, the parties agree to https://www.aamva.org/publications-news/best-practices-standards/best-practices https://www.aamva.org/publications-news/best-practices-standards/best-practices cooperate in good faith to accomplish the programming, administrative and other aspects of the required transition in a manner that promotes the effective administration of state driver licensing and the Commercial Driver License

(CDL), and other federal and state governmental programs. FLHSMV acknowledges that it shall have exclusive responsibility for its expenses associated with the termination of its participation in S2S.

7. No Warranties. The State to State Verification Services provided under this

Agreement are provided “as is.” Except as expressly provided in this Agreement, AAMVA makes no warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose or any other warranty arising by statute or from a course of dealing or usage of trade. Without limiting the foregoing, AAMVA makes no warranty of any kind that S2S will meet FLHSMV’s requirements, operate without interruption, achieve any intended result, be compatible or work with any other services, technologies, information or be error free. Use of information obtained through S2S is at FLHSMV’s own risk. AAMVA specifically disclaims any liability or responsibility for the accuracy or quality of data provided by Participating

Jurisdictions, or for loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, however caused. No oral or written information or advice given by AAMVA shall create a warranty, or in any way increase the scope of

AAMVA’s obligations to FLHSMV under this Agreement.

8. Limitation of Liability.

a. Unless expressly contrary to law of the state of the FLHSMV, AAMVA shall have no liability for any consequential, incidental, exemplary, indirect damages, loss, or expenses of any similar kind, even if AAMVA has been advised of the possibility of such damages, losses, or expenses. In no event shall AAMVA be liable for any damages caused by FLHSMV’s direct failure to carry out its obligations under this Agreement. AAMVA’s aggregate liability to FLHSMV under this Agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise shall in no event exceed the total amount of fees paid by FLHSMV to AAMVA pursuant to this

Agreement in the twelve month period preceding the event giving rise to the claim.

b. Excluded from the foregoing liability limitations are claims related to fraud, bad faith, infringement issues, bodily injury, death and physical damage to tangible personal or real property.

9. Miscellaneous.

a. Headings and Captions. Headings and captions are inserted for reference and convenience only, and are not a part of, and shall not affect the meaning or interpretation of this Agreement.

b. Force Majeure. In no event will AAMVA be liable or responsible to FLHSMV or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by any circumstances beyond

AAMVA’s reasonable control.

c. Notices. All notices and communications relating to this Agreement, shall be in writing and shall be sent by certified mail, return receipt requested, or delivered personally or by email to the respective address set forth below, or to such other address(es) as either party shall designate by written notice.

d. AAMVA’s Obligation to Cooperate with the Inspector General. It is understood that AAMVA will cooperate and ensure that its subcontractors, if any, cooperate with FLHSMV’s Inspector General in any investigation, audit, inspection, review or hearing pursuant to section 20.055, Florida Statutes.

To AAMVA:

AAMVA

4401 Wilson Boulevard, Suite 700

Arlington, VA 22203

Attention: Contracts Administration hgollos@aamva.org

To FLHSMV:

FLHSMV – Division of Motorist Services

2900 Apalachee Parkway

Tallahassee, FL 32399

Attention: Bradley Perry, Bureau Chief of Records bradleyperry@flhsmv.gov

e. Assignment. Neither Party may assign or transfer this Agreement without the prior written consent of the other Party.

f. Severability. A determination that any provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of any other part of this Agreement. Similarly, a determination that any provision is invalid or unenforceable in one application will not affect the validity or enforceability of the same provision in other contexts.

g. Survival. The provisions of Sections 3, 4, 6, 7 and 8 shall survive the termination of this Agreement.

h. Governing Law. This Agreement shall be governed by the substantive laws of mailto:hgollos@aamva.org mailto:bradleyperry@flhsmv.gov the State of Florida , without regard to its choice of law principles. Venue for any dispute relating to this Agreement shall be in Leon County, Florida.

i. Entire Agreement. This Agreement (including any exhibit or other attachment to this Agreement) constitutes the entire agreement between the parties pertaining to the subject matter herein, and supersedes all prior oral and written agreements and any proposals, correspondence and memoranda with respect thereto.

j. Order of Precedence. In the event of conflicts among the terms of this

Agreement and any attachment or exhibit, the provisions of the attachment or exhibit shall prevail.

k. Modification. No modification to this Agreement will be effective unless it is in writing and signed by all of the Parties of this Agreement.

IN WITNESS WHEREOF, the undersigned have caused the Agreement to be executed by their authorized officials as of the Effective Date or date of last signature, whichever is latest.

FLHSMV

By:

Chief of Staff [print title]

Jennifer Langston [print name]

AMERICAN ASSOCIATION OF MOTOR

VEHICLE ADMINISTRATORS

By:

Anne S. Ferro

President and CEO

Date: 9/21/2022 Date:

September 26, 2022