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Freight Plan( Addeess rereeesereapie Sat Fab halin Oast oulaspha CRY r ir t 7e09( starL Tip1330 S-re- 2_ 0391935604 (:70 0 Schedule a pickup at fedex.com Simplify your shipping. Manage your account. Access all the tools you need. D t StrK41,W1 r rog ref ww K Fed& El kw Tube •O•and Nam Ine/031 6 Special Handling SATURDAYDelivery — Weaker/ acTedEr locatin nam Pawl Gnat S. 1•=1 14 "4. Ft* nava" .610:tau apnea certain damns seat No O Yes L Yes aftwaserso =ton mean e.e....weinstretraiterateesofaincseee owes zt O Dane 0 ConroPieratairef Parnell, RATIf tarnedkarratten•AstrAieux X Senber K Reejrairt O Tried Petty 0 Credit Card 0 CoelYtTnecli al Mad P l= In °Sean TotelPetkesee ToeslWelote TotelDtcheedValue S AO SINNIaballilaini Nana Onne Ina alai area Sala saja „ saa say to badeisAlli alma. asmaataaprilaillia salt 8 Residential Delivery Signature Options •,.• *non died tingle *sist No Sewers 'act Sent= Inzenci &postre eismanate Li noires may 4 a randy lanan ..wdenre 519 rd 0 re 0 EFTA00190764 EFTA00190765 U.S. Department of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, Ste 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (561) 820-8777 July 19, 2013 DELIVERY BY FEDERAL EXPRESS Brad Edwards, Esq., Fanner Jaffe Weissing Edwards Fistos Lehrman 425 N Andrews Ave Ste 2 Fort Lauderdale, FL 33301-3268 Re: Jane Doe #1 and Jane Doe #21. United States Dear Brad: Enclosed please find: (1) (2) (3) (4) (5) (6) (7) (8) One DVD containing documents Bates Stamped 000001 thru 000979; Documents bearing Bates Nos. P-003652 thru P-003663; Documents bearing Bates Nos. P-008300 thru P-008343; Documents bearing Bates Nos. P-008891 thru P-009103; Documents bearing Bates Nos. P-009114 that P-009115; Documents bearing Bates Nos. P-009712 thru P-009819; A copy of the Privilege Log that was filed with the Court; and A copy of the Responses to your Requests for Admissions that were filed with the Court. Please let me know if you have any difficulties with any of the copies. Sincerely, Wifredo A. Ferrer U Atto ey By: cc: Dexter Lee, Esq. A. Mane Vi Assistant United States Attorney EFTA00190766 EFTA00190767 Case No. 08-80736-CV-MARRA r• P-003652 IA *I; EFTA00190768 Case 9:08-cv-80069-KAM Document 7-1 Entered on FLSD Docket 02/13/2008 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-80069-CIV-MARRA/JOHNSON JANE DOE. NO. 1, by and through JANE DOB's FATHER as parent and natural guardian, and JANE DOB's FATHER, and JANE DOE's STEPMOTHER, individually, Plaintiffs, vs. JEFFREY EPSTEIN, Defendant. PLAINTIFFS' MEMORANDUM OF LAW IN OPPOSITION TO MOTION TO STAY PROCEEDINGS PENDING JANE DOE NO. 1 REACHING AGE OF MAJORITY Plaintiffs, Jane Doe No. 1, by and through Jane Doe's Father as parent and natural guardian, and Jane Doe's Father and Jane Doe's Stepmother, individually, submit this Memorandum of Law in Opposition to Motion to Stay Proceedings Pending Jane Doe No. 1 Reaching Age of Majority, as follows: I. Introduction This action alleges the sexual assault of Plaintiff Jane Doe No. 1 ("Jane Doe") by the Defendant when she was 14 years old. The Motion to Stay Proceedings filed by Jane Doe's Mother is without basis and should be stricken or denied for the following reasons: 1. It fails to include or be accompanied by a memorandum of law, in violation of S.D.Fla.L.R. 7.1(A)(1). This failure is particularly glaring here, as there is no obvious or apparent legal basis for the stay sought by Jane Doe's Mother, and in preparing this Memorandum of Law in Opposition, Plaintiff is left to guess at the authorities relied upon by Janc Doe's Mother. MERMAN S MERMELSTEIN, P. A. www.hermanlaw.com - 1 - Case No. 08-80736-CV-MARRA P-003653 EFTA00190769 Case 9:08-cv-80069-KAM Document 7-1 Entered on FLSD Docket 02/13/2008 Page 2 of 5 2. The Motion to Stay was not served on all parties as shown on the Motion's Certificate of Service. Only Plaintiffs counsel was served with the Motion. Asa result, notice of the relief sought by Jane Doe's Mother is fatally defective. 3. Jane Doe's Father, by Court Order, was awarded full custody of the Minor Plaintiff, and is thus her sole natural guardian. Jane Doe's Mother is not Jane Doe's natural guardian under Florida law, and thus has no standing to seek a stay of this action on behalf of Jane Doe. 4. A stay would serve no constructive purpose or function in this litigation, but would only unnecessarily delay this case. Based on any or all of the foregoing grounds, as further discussed below, the Motion to Stay should be denied. II. Arnument THE MOTION TO STAY IS PROCEDURALLY AND SUBSTANTIVELY DEFECTIVE A. The Motion to Stay Violates the Local Rules and Was Served Without Sufficient Notice Under S.D.Fla.L.R. 7.1(A)(1), "[e]very motion when filed shall include or be accompanied by a memorandum of law citing supporting authorities. . ."I No such memorandum of law was filed with the Motion to Stay. Plaintiff is prejudiced by this omission because he has had no notice of what authorities Jane Doe's Mother relies upon for the relief sought in her Motion. As a result, the Motion to Stay is defective and should be stricken. The Motion to Stay also raises due process concerns because it was not served on all parties according to the Certificate of Service accompanying the Motion. The Defendant has not yet filed an appearance in the case, and his response to the Complaint is not yet due. The Motion to Stay is ' The stated exceptions to Rule 7.1(A)(1) are inapplicable here. HERMAN & MERMELSTEIN, P. A. - 2 - www.hermanlaw.com Case No. 08-80736-CV-MARRA P-003654 EFTA00190770 Case 9:08-cv-80069-KAM Document 7-1 Entered on FLSD Docket 02/13/2008 Page 3 of 5 therefore premature and defective for lack of notice. B. Jane Doe's Mother is Not Jane Doe's Natural Guardian, and Therefore Has No Standing to Seek a Stay on Her Behalf The Motion to Stay and supporting Affidavit of Jane Doe's Mother contain the following false and misleading statements: a. "Jane Doe No. 1 is a minor child . . . who, is under the joint control of her parents and natural guardians, Jane Doe's Father and Jane Doe's Mother, who are divorced." (Motion to Stay Proceedings, 1 1) (emphasis supplied). b. "I am the mother and natural guardian for Jane Doe No. 1...." (Affidavit of Dawn LaVogue Sandberg, Exh. "A" to Motion to Stay, 1 1) (emphasis supplied). Jane Doe's Mother does not have "joint control" or legal custody of Jane Doe, and is not her natural guardian under Florida law. Jane Doe's Mother and Jane Doe's Father entered into a Custodial Parent Modification dated March 28, 2006. This Modification was granted by Court Order dated April 25, 2006. (A copy of the Custodial Parent Modification and the Order Granting Custodial Parent Modification are attached hereto as Composite Exhibit "A").2 The Custodial Parent Modification states as follows: "Full Parental Custody of both minor children shall be granted to former husband [Jane Does' Father]." (Custodial Parent Modification, 1 3) (emphasis supplied). Under Florida statutory law, in the case of a dissolved marriage, only the parent awarded custody can be the natural guardian of the minor child: "If the marriage between the parents is dissolved, the natural guardianship belongs to the parent to whom custody of the child is awarded." §744.301(1), Fla. Stat. (emphasis supplied). It is therefore abundantly clear that Jane The names ofJane Doe and Jane Doe's Father are redacted from Exhibit "A" hereto to protect the Minor Plaintiff's anonymity. (See Complaint 1 4). HERMAN 5. MERMELSTEIN, P. A. - 3 - votAchemunlaw.com Case No. 08-80736-CV-MARRA P-003655 EFTA00190771 Case 9:08-cv-80069-KAM Document 7-1 Entered on FLSD Docket 02/13/2008 Page 4 of 5 Doe's Father, as the custodial parent, is the natural guardian, and the only natural guardian, of Jane Doe. As the natural guardian, Jane Doe's Father may sue on behalf of Jane Doe. See Fed.R.Civ.P. 17(b) (providing that capacity to sue or be sued shall be determined by the law of the state in which the district court is held). Because Jane Doe's Father, as her natural guardian, represents her interests in this lawsuit, there is no legal basis for Jane Doe's Mother to assert the right to represent Jane Doe. Jane Doe's Mother lacks standing to seek a stay or other relief from this Court on behalf of Jane Doe. C. There Is No Leeal Basis for a Stay A stay of proceedings may be appropriate in a situation where it will avoid piecemeal litigation, conserve judicial resources, aid in the comprehensive disposition of the litigation, or serve as a means of controlling the district court's docket. See American Manufacturers Mutual Ins. Co. I. Edward D. Stone Jr. & Assoc., 743 F.2d 1519 (1 1 th Cir. 1984). For example, a stay may be considered in a case where there is another pending lawsuit or administrative proceeding addressing the identical issues. See Ortega Trujillo'. Conver & Co. Communications, Inc., 225 F.3d 1262 (11th Cir. 2000). Even then, a case in federal court should not be stayed absent "exceptional circumstances." American Manufacturers, 743 F.2d at 1524-1525. Here, the only conceivable purpose that would be served by a stay is delay, which would be to Jane Doe's prejudice. A stay would not be in the interests of judicial economy and efficiency, and would not aid in a resolution of this litigation. Because there is no legitimate argument for a stay in this case, the Motion should be denied. HERMAN & MERMELSTEIN, P. A. www.hermanlaw.com Case No. 08-80736-CV-MARRA P-003656 EFTA00190772 Case 9:08-cv-80069-KAM Document 7-1 Entered on FLSD Docket 02/13/2008 Page 5 of 5 III. Conclusion Based on the foregoing, the Motion to Stay is defective, deficient and meritless. Denial of the Motion is appropriate on multiple, alternative grounds. Plaintiffs therefore respectfully request that the Motion to Stay be denied. Dated: February 13, 2008 Respectfully submitted, By: 5/ Jeffrey M. Herman Jeffrey.M. Herman (FL Bar No. 521647) ihermanOltermanlaw.com Stuart S. Mermelstein (FL Bar No. 947245) smennelstein@lennanlaw.com Adam D. Horowitz (FL Bar No. 376980) ahorowitzahermanlaw.COM HERMAN & MERMELSTEIN, P.A. Attorneys for Plaint:1ft Jane Doe et al. 18205 Biscayne Blvd., Suite 2218 Miami, Florida 33160 Tel: 305-931-2200 Fax: 305-931-0877 CERTIFICATE OF SERVICE I hereby certify that on February 13, 2008, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on the following, via transmission of Notices of Electronic Filing generated by CM/ECF: Theodore Jon Leopold tleonold@riecilaw.com /s/ Jeffrey M. Herman HERMAN S. MERMELSTEIN, P. A. - 5 - viww.hermanlaw.coin Case No. 08-80736-CV-MARRA P-003657 EFTA00190773 Case 9:08-cv-80069-KAM Document 7-2 Entered on FLSD Docket 02/13/2008 Page 1 of 6 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL COURT IN AND FOR PALM BEACH COUNTY, FLORIDA FAMILY DIVISION CASE cci;n• IN RE: THE FORMER MARRIAGE OF DAWN LAVOGUE-SANDBERG, Petitioner/Former Wife, vs. Respondent/Former Husband / CUSTODIAL PARENT MODIFICATION THIS AGREEMENT is made in Palm Beach County, Florida between DAWN LAVOGUE-SANDBERG, hereinafter referred to as the "Former Wife" and a INS hereinafter referred to as "Former Husband". In consideration of the mutual undertakings herein contained, the pates agree as follows: 1. STATUS OF PARTIES: The parties were divorced on June 18, 1991. The custodial parent circumstances of the parties have changed, they desire to adjust their responsibilities for custodial parent of their minor children. GAG 81 :1 lid Cq %a Case No. P-003658 EFTA00190774 Case 9:08-cv-80069-KAM Document 7-2 Entered on FLSD Docket 02/13/2008 Page 2 of 6 LAVOGUE-SANDBERG ands Case No. 2. PURPOSE OF AGREEMENT AND CONSIDERATION: The purpose of this Agreement is to effect a complete settlement, with reference to the parties's obligations with respect to the visitation and parental responsibility of the two minor children, and 3. CUSTODY OF MINOR CHILDREN: Full Parental Custody of both minor children shall be granted to Former Husband. Both minor children shall reside with Former Husband in Florida. 4. VISITATION: • 4 Former Wife shall be entitled to open communication between herself and minor children. Former Wife shall receive visitation as often as children desire but shall be at minimum once a year. All plane fare for said visitation shall be at the expense of Former Wife except In such case Former Husband shall for any reason need children to commute to Former Wife in Georgia for personal, emergency, or necessary reasons then Former Husband shall pay for said plane fare. 6. lotNANCIAL RESPONSIBILITY: Former Husband shall hold complete financial responsibity for both minor children including but not limited to all medical, dental, vision, etc. care and or insurance. Former Husband shall be granted both Florida Prepaid College Programs for both minor children and be responsible for college tuition, etc. payments. Former Husband shall claim both minor children on his personal Income taxes beginning 2006 tax year. DLS -2- DA Case No. 08-80736-CV-MARRA P-003659 EFTA00190775 Case 9:08-cv-80069-KAM Document 7-2 Entered on FLSD Docket 02/13/2008 Page 3 of 6 LAVOGUE-SANDBERG an' Case No. 6. AGREEMENT BINDING: This Agreement and all the obligations and covenants hereunder shall bind the parties hereto, their heirs, executors, administrators, legal representatives and assigns. ti 1::. 7. REPRESENTATIONS: The parties represent to each other that: A. The parties fully understand the facts as to their legal rights and obligations. Each is signing the Agreement freely and voluntarily, Intending to be bound by It. B. The laws of Florida shall govern the validity, construction, interpretation and effect of this Agreement. C. Neither party is represented by legal counsel. 8. PARAGRAPH HEADINGS: Paragraph headings are provided for convenience in locating paragraphs and are not intended to add or detract anything from language of the paragraphs. -3- DLS DAG Case No. 08-80736-CV-MARRA P-003660 EFTA00190776 Case 9:08-cv-80069-KAM Document 7-2 Entered on FLSD Docket 02/13/2008 Page 4 of 6 LAVOGUE-SANDBERG anal. Case No. - STATE OF FLORIDA COUNTY OF PALM BEACH Mardi BEFORE ME,' the undersigned authority, this al 1 $ day of,AprIl, 2006, personally appeared DAWN LAVOGUE-SANDBERG, who is personally known to me or has provided a valid Georgia Drivers License and who after being duly sworn, deposes and says that she is Former Wife in the above and foregoing Agreement; that she has read the foregoing Agreement and that she has executed the same freely and voluntarily for the purposes therein expressed. airuritSctodik, Notary Public My Commission Expires: A5'a tk-^0,14-01- BEFORE ME, the undersigned authority, this day olikpril, 2006, personally appearedS who is personally known to me JZ:or has provided a valid Florida Drivers License and who after being duly sworn, deposes and says that he is Former husband in the above and foregoing Agreement; that he has read the foregoing Agreement and that he has executed the same freely and voluntarily for the purposes therein expressed. otary Public My Commission Expires: S. 4- o7 WE a a t SOSA NOTARY PUBLIC -5- COMMISSION NO. OD209030 Case No. 08-80736-CV-MARRA P-003661 EFTA00190777 Case 9:08-cv-80069-KAM Document 7-2 Entered on FLSD Docket 02/13/2008 Page 5 of 6 LAVOGUE-SANDBERG a d Case No. IN WITNESS WHEREOF, the parties hereto have signed and acknowledged this Agreement in the presence of the witnesses signing below on this tvect-k April 2006. nature (Witness # ) 115/q a. itACE (Print) (Witness #1) Nom, t 7(1) whi ' (Print) itn s #2) (Print) (Witness 1) aF 9. 1 :24T-7 Sign ure (Witness #2) £1"//e 44 &2' (Print) (Witness #2) -4- 2_2 day of Dawn LaVogue-Sandberg Case No. 08-80736-CV-MARRA P-003662 EFTA00190778 Case 9:08-cv-80069-KAM Document 7-2 Entered on FLSD Docket 02/13/2008 Page 6 of 6 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL COURT IN AND FOR PALM BEACH COUNTY, FLORIDA IN RE: THE FORMER MARRIAGE OF DAWN LAVOGUE-SANDBERG, Petitioner/Former Wife, and Respondent/Former Husband FAMILY DIVISION CASE NO. /100.41 ORDER GRANTING CUSTODIAL PARENT MODIFICATION COMES NOW before the court the CUTODIAL PARENT MODIFICATION and the court having been advised that the parties are in agreement, it is: ORDERED and ADJUDGED that said Custodial Parent Modification be GRANTED. DONE AND ORDERED in chambers this cc: Dawn Lavogue-Sandberg 411 Christophers CL Waleska, GA 30183 od` ltf: '•P day of April, 2006. CIR UIT COURT JUDGE WILLIAM J. BERGER Case No. 08-80736-CV-MARRA P-003663 EFTA00190779 Case No. 08-80736-CV-MARRA08300 p EFTA00190780 PLEA IN THE CIRCUIT COURT THE FOLLOWING IS TO REFLECT ALL TERMS OF THE NEGOTIATED SETTLEMENT Name: Jeffrey E. Epstein Piet Gutty Cate P . Charge Count IJisfer 0t9f41 06CF009454A1A8 Felony Solicitation of Prostitution 1 No 3 FEL 08CF0093814A46 Procuring Person Under 18 for Prostaution 1 No 2 FEL PSi: VVarvecithot Required X RequkedateqUested alaNgrall2ft Adjudicate N I SENTENCE: On 06CF009454AMB, the Defendant S sentenced to 12 montheln the Min Bath COUnty Detention Facility. with credit for 1 (one) day time served jr..t -7( On C03CF009381AMB, the Defendant S sentenced to 8 rnonthalhe Pan Beach County Detention Fay, watt credit ter 1 (one) thy time served. This 6 rnordh atdence is to be served consecutive b the 12 month sentence el MCF009454AMB. FoloMng this 8 month sentence, the Defendant wil be pieced on 12 months Community Control 1 (one). The conditions of community control are attached hereto and incorporated herein. OTHER COMMENTS OR cONADITML: As a special condition of RS community control, the Defendant S to have no unsupervised contact with minors, and the supervising adult mutt be approved by the Depertnent of Corrections. The Defendant s designated as a Sexual Offender pursuant to Florida Statute 943.0e and must abbe by al the corresponding requkements of the stable, a copy of ankh Is attached hereto and incorporated herein. The Deiendant must provide a DNA sample in court at the time of this plea! 7/ of Pete of 1 Case No. 08-80736-CV-MARRA P-008301 EFTA00190781 948.101 Tarns and conditions of community control and criminal quarantine community control.-- (1) The court shall determine the terms and conditorn of community control. Conditions specified in lids subsection do not requiro oral pronouncement at the time of sentencing and may be considered standard conditions of community control. (a) The court shall require intensive supervision and surveillance for an offender placed into community control, which may include but is not limited to: 1. Specified contact with the parole and probation officer. 2. Confinement to an agreed-upon residence during hours away from employment and public service activities. 3. Mandatory public service. 4. Supervision by the Department of Corrections by means of an electronic monitoring device or system. 5. The standard conditions of probation set forth in s. 948.01 (b) For an offender placed on criminal quarantine community control, the court shall require: 1. electronic monitoring 24 hours per day. 2. Confinement to a designated residence during designated hours. (2) The enumeration of specific kinds of terms and conditions does not present the court from adding thereto any other terms or conditions that the court t oathes proper. However, the sentencing court may only impose a condition of supervision allowing an offender convicted of s. 794.011, s. 800.04, s. 827.071, or s. 847.0145 to reside In another state if the order stipulates that it is contingent upon the approal of the receiving state interstate compact authority. The court may rescind or modify at any time tie terms and conditions theretofore imposed by it upon the offender In commtnity control. However, if the court withholds adjudication of guilt or imposes a period of incarceration as a condition of community control, the period may not exceed 364 days, and incarceration shall be restricted to a county facility, a probation and restitution center under the juriefictkm of the Department of Corrections, a probation program drug punishment phase I sectre residential treatment Institution, or a community residential facility owned or operated by any entity providing such services. (3) The court may place a defendant who is being sentenced for criminal transmission of fiN in violation of s. 775.0077 on criminal quarantine community control. The Department of Corrections shall develop and administer a criminal quarantine commtrity control program emphasizing intensive supervision with 24-hour-per-day electronic monitoring. Criminal quarantine community control status must include surveillance and may include other measures normally associated with community control, except that specific conditions necessary to monitor this population may be ordered. Case No. 08-80736-CV-MARRA P-008302 EFTA00190782 '943.0435 Sexual offenders required to register with the department; penalty.-- (1) As used in this section, the teen: (a)1. 'Sexual offend'? mews a person who meets the criteria in sub-subparagraph a., sub- subparagraph b., sub-subparagraph c., or sub-subparagraph d., as follows: a. (I) has been convicted of committing, or attempting, solkiting, or conspiring to commit, any of the criminal offenses proscribed in trio following statutes in this state or similar offonses in another jurisdiction: s. 787.01, s. 787.02, or s. 757.025(2)(c), where the victim is a minor and the defendant is not the victim's parent or guardian; s. 794.011, excluding s. 794.011(10); s. 714.05, s. 796.03• s. 796.035- s. 800.04; s. 825.1025; s. 627.071' s. 847.0133: s. 847.0115, (=fixity s. 847.0135(4); s. 847.0137. s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar offense committed in this state which has been redesignated from a former statute ntrnbor to one of those listed in this sub-sub-subparaceph; and (II) Has boon released on or after October 1, 1997, from the sanction imposed for any conviction of an offense described in sub-sub-subparagraph (I). For purposes of sib-sub- subparagraph (I), a sanction imposed in this state or fn any other jurisdiction includes, but Is not limited to, a fine, probation, commu•ty control, pe►ole, conditional release, control release, or Incarceration In a state prison, federal prison, private correctional facility, or local detention facility; b. Establishes or maintains a residence in this state and who has not designeited as a suet predator by a court of this state but who has been designated as a sexual predator, as a sexually violent predator, or by anothor sexual offender designation In another state or jurisdiction and was, as a resat of such designation, subjected to registration or community or public notification, or both, or would be if the person were a resident of that state or jurisdiction, without regard to whether tie person otherwise meets the criteria for registration as a sexual offender; c. Establishes or maintains a residence in this state who is in the custody or control of, or weer the supervision of, any other state or jurisdiction as a result of a conviction for committing, or attempting, sotkiting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes or similar offense in another jurisdiction: s. 717.01, s. 787.02 or s. 767.025(2)(c), where the victim is and the defendant is not the victim's parent or guardian; s. 794.011, excluding s. 794.011(10); s. 794.Q5; s. 796.03; s. 796.035; s. 800.04- s. 625.1025; s. 827.071. s. 047.0133; s. 847.0135, seeducting s. 847.0135(4); s. 847.0137. s. 847.0136; s. 847.0145; or s. 985.701(1); or any similar offense committed In this state which hes been redesignated from a former statute number to one of those listed in this sub-subparagraph; or d. On or after Sty 1, 2007, has been adjudicated delinquent for committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or similar offenses in another jtaildkUtia when the juvenile was 14 years of ago or older at the time of the offense: (I) Section 794.011, excluding s. 794.011(10); Suction 600.04(4)(b) whore the victim is undor 12 years of ago or where the court finds sexual activity by the use of force or coercion; (III) Section 800.04(5)(c)1. where the court finds molestation Irrrolving unclothed genitalsmez, Case No. 08-80736-CV-MARRA `. P-008303 EFTA00190783 (fV) Section a00.04 (5)(d) whore the court finds the use of force or coercion and unclothed genitals- 2. for all qualifying offenses listed in sue-subparagraph (1)(a)1.d., the court shall make a written finding of the age of the offender at the tim• of the offense. For each violation of a qualifying offense listed in this subsection, the court shall make a written findfrg of the ago of the victim at the time of the offense. For a violation of s. x00.04(4), the court shell additionally make a written finding indicating that the offense did or did not finch° moat activity and Indicating that the offense did or did not involve force or coercion. For a violation of s. 803.04(3), the court shell additionally make a written finding that the offense did or did not Involve unclothed genitals or genital area and that the offense did or did not involve the use of force or coercion. (b) -Convicted means that there has been a determination of guilt as a restAt of a trial or the entry of aple. of guilty or nolo contendere, regardless of whether adjudication fs withheld, and includes an adjudication of delinquency of a juvenile as specified in this section. Comictkm alas:fail& offense Includes, but is not limited to, a conviction by a federal or military tribunal, including carts-martial conducted by the Alined Forces of the United States, and includes a conviction or entry of ■ plea of guilty or nolo contendere snuffing in a sanction in any state of the United States or other jurfsdktion. A sanction Includes, but Is not limited to, a fine, probation, community control, parole, conditions( release, control release, or Incarceration in a state prison, Worst prison, private correctional facility, or local detention fadifty. (c) "Permarwant residence- and "temporary residence- law the same meaning ascribed fn s. 775.21. (d) 'Institution of higher education- means a career carter, community college, college, state university, or independent postsecondary institution. (a) 'Change In enrollment or employment status' means the commencement or termination of enrollment or employment or a change in tocatkm of enrollment or employment (f) 'Electronic mail address" has the same meaning as provided in s. 668.032. (g) "Imtant message name marts an identifier that allows a person to commuricate in real time with another person using the Internet. (2) A sexual offender *tail: (a) Report in person at the sheriffs office: 1. In the county in which the offender establishes or maintains a permanent or temporary residence within 4a hours after: a. Establishing permanent or temporary re sidence in thh state; or b. Doing released from the custody, control, or supervision of the Department of Corrections or from the custody of a private correctional facility; or 2. In the county where he or the was convicted within tit hours after being convicted for a qualifying offense for registration under this section if the offender Is not in the custody or Case No. 08-80736-CV-MARRA P-008304 EFTA00190784 control of, or under the suporrision of, the Department of Corrections, or is not in the antody of a private correctional facility. Any change in the sexual offender's permanent or temporary residence, name, any electronic mail address and any instant message name required to be provided pursuant to paragraph (4)(4), after the sexual offender reports in person at the sheriffs office, shall be accomplished in the manner provided in subsections (4), (7), arid (8). (b) Provide his or her name, date of birth, social security number, race, sex, height, weight, hair and eye color, tattoos or other identifying marks, occupation and place of employment, address of permanent or legal residence or address of any current temporary residence, within the state and out of state, including a rural route address and a post office box, any electronic mail address and any instant message name required to be provided pursuant to paragraph (4)(0), date and place of each conviction, and a brief description of the crime or crimes committed by the offender. A post office box shall not be provided in lieu of a physical residential address. I. If the sexual offender's place of residence is a motor vehicle, trailer, mobile horns, or manufactured home, as defined in chapter 320, the sexual offender shall also provide to the department through the sheriffs office written notice of the vehicle identification number; the liceriso tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If the sexual offender's place of residence Is a vessel, the-aboard vessel, or houseboat, as defined in chapter 327, the sexual offender shall also provide to the department written notice of the hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, Including color scheme, of the vessel, live-aboard vessel, or houseboat. 2. If the sexual offender is strolled, employed, or carrying on a vocation at an institution of higher education in this state, the sexual offender shell also provide to the department through the sheriffs office the name, address, and county of each institution, including each campus attended, and the sexual offender's enrollment or employment status. Each change In enrollment or employment status shall be reported in person at the sheriffs office, within 48 hours after arty change in status. The sheriff shall promptly notify each institution of the sexual offender's presence and any change In the sexual offender's enrollment or employment status. When a sexual offender reports at the sheriffs office, the sheriff thee take a photograph and a set of fingerprints of the offender and forward the photographs and fingerprints to the department, along with the information provided by the sexual offender. The sheriff shall promptly provide to the department the information received from the sexual offender. (3) Within 48 hours after the report required under subsection (2), asexual offender shall report in person at a driwor's license office of the Department of Highway Safety and Motor Vehicles, unless a driver's license or identification card that complies with the requkements of s. 372.141(3) was previously secured or updated under s. 944.607. At the driver's license office the sexual offender shall: (a) If otherwise qualified, sense a Florida driver's license, renew a Florida driver's license, or SOCWO an identification card. The sexual offender shalt identify himself or herself as a sexual offender who Is required to comply with this section and shalt provide proof that the sexual offender reported as required in subsection (2). Tho sexual offender shall provide any of the information specified in subsection (2), if requested. The sexual offender shall submit to tho taking of a photograph for use in Issuing a driver's license, renewed license, or identification card, and for use by the department in maintaining current records of sexual offenders. Case No. 08-80736-CV-MARRA P-008305 EFTA00190785 (b) Pay the costs assessed by the Department of Highway Safety and Motor Vehicles for Issuing or renewing a driver's license or identification card as required by this section. The driver's license or identification card issued must bo in compliance with 5., 371.141(3). lc) Provide, upon request, any additional Information necessary to confirm the identity of the sexual offender, including a set of fingerprints. (4)(a) Each time a neatest offender's driver's license or identification card is subject to renewal, and, ...Atheist regard to the status of the offender's driver's license or identification card, within 48 hours after any change in the offender's permanent or temporary residence or change In the offender's name by reason of marriage or other legal process, the offender stall report in person to a driver's license office, and that be subject to the requirements specified In subsection (3). Tho Department of Highway Safety and Motor Yehkies 'ail forward to the department all photographs and information pnovided by sexual offenders. Notwithstanding the restrictions set forth in s. 322.142, the Department of Highway Safety and Motor Vehicles is authorized to release a reproduction of a color-photograph or digital-image license to the Department of Law Enforcement for purposes of public notification of sexual offenders as prodded in this section and u. 943.043 and 944.606, (b) Asexual offender who vacates a permanent residence and fails to establish or maintain another permanent or temporary residence shall, within 48 hours after vacating the permanent residence, report in person to the sheriffs office of the county in which he or she Is located. The sexual offender shell specify the date upon which he or she intends to or did vacate such residence. The 14Alat offender must provide a update all of the registration Information required under paragraph (2)(b). The sexual offender must provide an address for the residence or other location that he or she h or will be occupying during the time In which hearth. faits to establish or maintain a permanent or temporary residence. (c) Asexual offender who remains at a permanent residence after reporting his or her intent to vacate such residence shall, within 48 hours after the date upon which the offender indicated he or she would or did vacate such residence, report In parson to the agency to which he or she reported pursuant to paragraph (b) for the purpose of reporting his or her address at such residence. When the sheriff receives the report, the sheriff shall promptly corney the information to the department. An offender who mattes a report as required under paragraph (b) but faik to maite a report as required under this paragraph commits a felony of the second degree, punishable as provided ins. 775.032, s. 775.063, or s. 775.044. (d) Asexual offender must register any electronic malt address or instant message tame with the department prior to using such 'tectonic mail address or instant message none on or after October 1, 2007. The department shell establish an online system through which sexual offenders may securely access and widow all electronic mail address and instant message name information. (5) This section does not apply to a sexual offender who is also a sexual predator, as defined in s. 775.21. A sexual predator must register es required under s. 775.21. (6) County and local law enforcement agencies, in conjunction with the department, shall verity the add,' nos of sexual offenders who aro not under the care, custody, control, or supervision of the Department of Corrections in a manner that is consistent with the provisions of the federal Adam Walsh Child Protection and Safety Act of 2006 and any other federal standards applicable to such wrification or required to bo met as a condition for the receipt of federal funds by the state. Local law enforcement agencies shell report to the department any failure by a sexual offender to comply with registration requirement. Case No. 08-80736-CV-MARRA EFTA00190786 (7) Asexual offender who intends to establish residence in another state or jurisdiction other than the State of Florida shall report in person to the sheriff of the county of current residence within 48 hours before the date ho or she intends to leave this state to establish residence in another state or jurisdiction. The notification must include the address, municipality, county, and state of intended residence. The sheriff shall promptly provide to the department the information received from the sexual offender. The department shaU notify the statewide taw enforcement agency, or a comparable agency, in the intended state or jurisdiction of riddance of the sextet offender's intended residence. The failure of a sexual offender to provide his or her intended place of residence is punishable as provided in subsection (9). (8) Asexual offender who indicates his or her Intact to reside in another state or jurisdiction other than the State of Florida and late' decides to remain in this state shall, within 48 hours after the date upon which the sexual offender indicated he or she would leave this state, report in person to the sheriff to which the sexual offender reported the intended change of residence, and report his or her intent to remain in this state. The sheriff shall promptly report this information to the department. Asexual offender who reports his or her intent to reside in another state or jurisdiction but who remains In this state without reporting to the sheriff in the manner required by this subsection commits a felony of the second degree., punishable as provided ins. 775.0p_, s. 775.083. or s. 775.064. (9)(a) A sexual offender who does not comply with the requirements of this section commits a felonry of the third degas, punishable as provided ins. 775.082, s. 775.083 or s. 775.084. (b) A sexual offender wile commits any act or omission in violation of this section may bo prosecuted for the act or omission in the county in which the act or omission was committed, the county of the last registered address of the sexual offender, or the county in which the conviction occurred for the offense or offenses that meet the criteria for designating a person as a sexual offender. (c) An arrest on themes of failure to register when the offender has been provided and advised of his or her statutory obligations to register under subsection (2), the service of an information or a complaint for a violation of this section, or an arraignment on charges for a violation of this section constitutes actual notice of the duty to register. A sexual offender's failure to immediately register as required by this section following such arrest, service, or arraignment constitutes grounds for a subsequent charge of failure to register. A sexual offender charged with the crime of failure to register who assorts, or intends to assort, a lack of notice of the duty to register as a defense teacher's of failure to register shall Immediately register as required by this section. A sexual offender who is charged with a subsequent failure to register may not assert the defense *falai* of notice of the duty to register. (d) Registration following such arrest, service, or arraignment is not a defense and does not relieve the sexual offender of criminal liability for the failure to register. (10) The department, the Department of Highway Safety and Motor Vehicles, the Department of Cot nittions, the Department of Juvenile Justice, any law enforcement agency in this state, and the personnel. of those departments; an elected or appointed official, public employee, or school ackninistratoe; or an employee, agency, a any indivkicai or entity acting at the request or upon the direction of any law enforcement agency is immune from civil liabRity for damages for good faith compliance with the requirements of this section or for the release of information under this section, and shall be presumed to have acted in good faith In compiling, recording, reporting, or releasing the information. The pninumption of good faith is not overcome if a technical or clerical error is made by the department, the Department of Highway Safety and Motor Vehicles, the Department of Corrections, the Department of Juvenile Case No. 08-80736-CV-MARRA P-008307 EFTA00190787 Justice, the personnel of those departments, or any individual or entity acting at the request or upon the direction of any of those departments in compiling or providing information, or if information is Incomplete or incorrect because a sagest offender fait to report or falsely report his or her arrent place of permanent or temporary residence. (11) Except as provided ins. 943.04354, asexual offender must maintain nagistration with the department for the duration of his or her fife, unless the sexual offender has received a full pardon or has had a conviction set aside in a postconviction proceeding for any offstage that meets the criteria for classifying the person as a sexual offender for purposes of registration. iiowoser, a sexual offender (a)1. Who has-lawfully released from confinement, supervision, or sanction, whichever is later, for at last 25 years and hes not been wrested for any felony or misdemeanor offense since release, provided that the sexual offender's requirement to nagfstar was not based upon an adult conviction: a. For a violation of s. 71$7.01 or s. 787.02; b. fora violation of s. 794.011 excluding s. 794.011(10); c. For a violation of s. 1103.04(4) (b) where the court finds the offense involved a victim under 12 yews of age or sexual activity by the use of force or coercion; d. Por a violation of s. 600,04(5)(b); o. Pot a violation of s. 800.04(5)c.2. where the court finds the offers. in voived unclothed genitals or genital arse; 1. For any attempt or conspiracy to commit any such offense; or g. For a violation of similar law of another jurisdiction, may petition the criminal division of tie circuit court of the circuit in which the sexual offender resides for the purpose of removing tie requirement for registration as a sexual offender. 2. Tie court may grant or deny relief if the offender demonstrates to the rout that he or she has not been wrested for any crime since release; the requested relief complies with tie provisions of the federal Adam Welsh Child Protection and Safety Act of 2006 and any other federal standards applicable to the removal of registration requirements for a sexual offender of required to be mot as a (relation for the receipt of federal fends by the state; and the court is otherwise satisfied that the offender is not a currant or potential threat to public safety. The state attorney in the circuit in whkh the petition is filed must be given notice of the petition at least 3 weeks before the hearing on the matter. The stab• attorney may present evidenco in opposition to the requested relief or may otherwise demonstrate the reasons why tie petition should be denied. If the cart denies the petition, the court may set a future date at which the sexual offender may again petition the court for relief, subject to the standards for relief provided in this subsection. 3. The department that( remove an offender from classification as a sexual offender for purposes of registration if the offender provides to the department a certified copy of the court's written findings or order that Indicates that the offends is no longer required to comply with the requirements for registration as a sexual offender. Case No. 08-80736-CV-MARRA P-008308 EFTA00190788 (b) As defined in sub-subparagraph (1)(a)1.b. must maintain registration with the department for the titration of his or her life until the person provides the department with an order issued by the court that designated the parson as predator, as a sexually violent predator, or by another sexual offender designation in the state or Jurisdiction in which the order was issued which states that such designation has been removed or demonstrates to the department that such designation, if not imposed by a court, has been removed by operation of law or court order in the state or Jtrisdktlon in which the designation was made, and provided such person no longer meets the criteria for registration as a sexual offender under the laws of this state. (12) The Legislature finds that sexual offenders, especially those who haw committed offenses against minors, often pose a high risk of engaging in sexual offenses even after being released from incarceration or commitment and that protection of the public from sexual offenders is a paramount government interest. Sexual offenders haw a reduced expectation of privacy because of the public's Interest in public safety and In the affective operation of guys uremia. Releasing information concerning sexual offenders to law enforcement agencies and to per,ons who request such information, and the release of such Information to the public by enforcement agency or public agency, will further the governmental interest of public safety. The designation of a person as a sexual offender is not a sentence or a punishment but is simply the status of the offender which is the result of a conviction for having committed certain crimes. (13) My person who has reason to bellow that a sexual offender is not complying, or has not complied, with the requirements of this section and who, with the intent to assist the sexual offender in eluding a law enforcement agency that is seeking to find the sexual offender to question the sexual offender about, or to arrest the sexual offender for, his Of her noncompliance with the requirement of this section: (a) Withholds information frem, or does not notify, the law enforcement agency about the sexual offender's nomonullance with the requirenvents of this section, and, if known, the whereabout of the sexual offender; (b) Harbors, or attempts to harbor, or assists another person in harboring or attempting to harbor, the sexual offender; or (c) Conceals or attempts to conceal, or assists another person in concealing or attempting to conceal, the sexual offends.; or (d) Provides information to the law enforcement agency regarding the sexual offender that the person knows to bo false information, commits a felony of the third degree, punishable as provided in s. 775.062, s. 775.063, or s. 775.064. (14)(a) Asexual offender must report in person each year during the month of the sexual offender's birthday and during the sixth month following the west offender's birth month to the tariffs office in the county in which he or the resides or is otherwise located to reregister. (b) However, asexual offender who Is required to register as a mutt of a conviction for: 1. Section 787.01 or s. 767.02 where the victim Is a minor and the offender is not the victim's parent or guardian; Case No. 08-80736-CV-MARRA P-008309 EFTA00190789 2. Section 794.011, excluding s. 794.011(10); 3. Section 800.04(4)(b) whore the court finds the offense invotved a victim under 12 years of age or Segal activity by the use of force or coercion; 4. Section 800.04(5)(b); 5. Section 800.04(5)(c)1. where the court finds molestation involving unclothed genitals or genital area; 6. Soctia.i II00.04(5)c.2. whore the court finds molestation Involving unclothed genitals or genitat area; 7. Section 8O0.04(5)(d) where the court finds the use of force or coercion and unclothed genitals or genital woe; 8. Any attempt or conspiracy to commit such offense; or 9. A violation of a similar law of another jurisdiction, must reregister oath yew during the month of the sexual offender's birthday and ovary third month thereafter. (c) The sheriff's office may determine the appropriate times and days for reporting by the sexual offender, which shall be consistent with the reporting requirements of this subsection. Reregistration shell include any charares to the following information. 1. Name; social security number; age; race; sex; date of barth; height; weight; heir and eye color, address of any permanent residence and address of any current temporary residence, within the state or out of state, including a neat route address and a post office box; any electronic moll address and any instant message name required to be provided pursuant to paragraph (4)(d); dato and place of any omploymait; nScle make, modol, color, and license tag number; fingerprints; and photograph. A post office box shall not bo provided In lieu of a physical residential address. 2. If the sexual offender Is enrolled, employed, or carrying on a wication at an Institution of highor education in this state, the sexual offender shell also provide to the department the name, address, and minty of each Institution, including each campus attended, aid the sexual offender's ern:Amore or empaoyment status. 3. If the sexual offender's place of residence Is a motor vehicle, trailer, mobile home, or manufactured home, n defined in chapter 320, the sexual offender shall also provide the vehicle identification number; the license tag number; the registration number; and a description, Including color scheme, of the motor vehicle, trailer, mobile home, cc manufactured home. ff the sexual offender's place of radiance is a vessel, Live-aboard vessel, or houseboat, as defined in chapter 327, the sexual offender shell also provide the hull identification number; the manufacturer's serial number; the name of the vessoi, live-aboard asset, or houseboat; the registration number; and a description, including color scheme, of the wassol., live-aboard vassal or houseboat. 4. Any sexual offender who faits to report In person as required at the sheriffs office, or who faits to respond to any address verification correspondence from the department within 3 weeks of the date of the correspondence or who fails to report electronic mail addresses or Case No. 08-80736-CV-MARRA P-008310 EFTA00190790 Instant message names, commits a felony of the third degree, punishable as provided In s. 775.882 s. 775.063, or s. 775.064. (d) The sheriffs office shall, within 2 working days, electronically submit and update all information provided by the sexual offender to the department fn a warner proscribed by the department. Case No. 08-80736-CV-MARFtA P-0083 I I EFTA00190791 JUN-27-2008 FRI 03:33 PH FAX NO. 5618358691 P. 01 Cgromat, 1k:esti) AOO4 r —Nor ric.eo LA) I awx_i ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, Florida 33401 (561) 659-8300 Fax: (561) 835-8691 FAX TRANSMITTAL COVER SHEET DATE: June 27, 2008 TO: A. Marie Villafana FAX NO.: 820-8777 FROM: Nayanira, Assistant to Jack A. Goldberger, Esquire REMARKS: Jeffrey Epstein's Plea Agreement TOTAL PAGES: 5 Including cover sheet *fri PLEASE NOTE - CONFIDENTIALITY WARNING *** THIS MESSAGE IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED. CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original message to us at the above address via the U.S. Postal Mail Service. Thank you for your cooperation. Case No. 08-80736-CV-MARRA P-008312 EFTA00190792 JUN-27-2008 FRI 03:33 PH FAX NO. 5818368691 P. 02 PLEA IN THE CIRCUIT COURT THE FOLLOWING IS TO REFLECT ALL TERMS OF THE NEGOTIATED SETTLEMENT Name: Jeffrey E. Epstein Plea: Guifty X Case No. Charoe Count Lesser Decree 06CF009454AMB Felony Solicitation of Prostitution 1 No 3 FEL 08CF009381AMB Procuring Person Under 18 for Prostitution 1 No 2 FEL PSI: Waived/Not Required X Required/Requested ADJUDICATION: Adjudicate (x I SENTENCE: On 06CF009454AMB, the Defendant is sentenced to 12 months in the Palm Beach County Detention Facility, with credit for 1 (one) day time served. On 08CF009381AMB, the Defendant is sentenced to 18 months Community Control 1 (one). As a special condition of this Community Control, the Defendant must serve the first 6 months in the Palm Beach County Detention Facility, with credit for 1 (one) day time served. This sentence is to be served consecutive to the 12 month sentence in 06CF009454AMB, The conditions of community control are attached hereto and incorporated herein. OTHER COMMENTS OR CONDITIONS: Court Costs: $474.00 Cost of Prosecution: $50.00 Drug Trust Fund: $50.00 As a special condition of his community control, the Defendant is to have no unsupervised contact with minors, and the supervising adult must be approved by the Department of Corrections. The Defendant is designated as a Sexual Offender pursuant to Florida Statute 943.0435 and must abide by all the corresponding requirements of the statute, a copy of which is attached hereto and incorporated herein. The Defendant must provide a DNA sample In court at the time of this plea. Assistant State Attorney Attorney for the Defendant Date of Plea Defendant Case No. 08-80736-CV-MARRA P-008313 EFTA00190793 JUN-27.2008 FRI 03:34 PM FAX NO. 5618358691 P. 03 915.101 Terms end conditions of community control and criminal quarantine community control... (1) The court shall determine the corms and condition: of community control. Conditions seacifforl in this subsection do not require oral pronoUncoment at the time of sentencing and may be considorod standard conditions of community control. (a) The court shah require, intensive stsonrvislor and surveillance for an offender placed into community control, which may include but is net limited to: 1. Sporifisid contact with the parole and probation officer. 2. Confinement to an aprocre-urson rosidonco during hours away from amploymont and pub& service activities. 3. Mandatory public cirri co, 4. Supervision by the Department of Corrections by means of an electronic monitoring dow;co or system. 5. The standard conditions of probation set forth in s. ?aft.02. (b) For an offender placed on criminal qunrantine community control, tin? court shaft require: 1 . eloctronIc mordtoring 24 hoots per day. 2. Confinement to a designated rorklence during designated hour,. (2) Tho onumeration of specific kinds of terms and conditions does not present the court from adding thereto any other terms or conditioner that the court considers proper. /ler/ever, the sentencing court may only Impose a condition of supervision allowing an offendor convicted of t. 794.011, s. 800.04 s. 827.071 or s. (147.012§ to reside in another state if the ardor stiPtilean that ft is contingent upon tho approval of the receiving stato intestate compact authority. Tha court may rescind or modify at any rime thu terms and conditions theretofore imposed by it upon the offender in community control. However, if tho court withholds adjudication of guilt or Woos= a period of Incarceration as a condition of community control, the ported may not exceed 3b4 days, and Incarceration shall be restricted to a county facility, a pthbation and restitution center under the juriraction of the Department of Corrections, a probation program drug punishment phase I sacuro residential treatment institution, or a community residential fadfity owned or operated by any entity providing such services. (3) The court may place a CIVIOndarit who is Doing sentenced for criminal transmission of HIV in violation of s. m.peu on enroll-1N quarantine community control..The Deportment of Corrections shall dovolop and administer a criminal quarantine community control program mriphasfeing intarrsive supenision with 24thour-porday islectnirtic monitoring, Criminal quarantine community control status must Include surveillance and may Includo other moesures norrnally assoclatod with community control, axeopt that SOOCIfic conditions necessary to monitor this population may bo ordered. Case No. 08-80736-CV-MARRA P-008314 EFTA00190794 JUN-27-2008 FRi 03:34 PM FAX NO. 5618358691 P. 04 '942.0135 Sexual offondora roqulrod to resistor with the department; penalty.-- (1) As used in this section, the term: (e)1, 'Soxuat offender matins a parson who moots the criteria fn sub-subparagraph a., sub subparagraph b., sub-subparagraph c., or sub-subparagraph 6., as follow= 9,0) Has bean convicted of committing, or attempting, soliciting, or conspiring to commit, any of the criminal offonsos proscribed in the following statutes in this state or similar offororn in another jurisdiction: s. 7157.01, s. 787.02, or s. 787,025(4(c), when die victim h a minor and the dafondant is not the victles parent or guardian; s. 791.011, excluding s. Z942,911(10); s. 704.08 s. 796.03.; s. 5. 801W1; s. 825.1075; s. !WEL tt. .647-cri s. 847,0133, excluding s. /347.0135(4); s. 847,0137; s. 847.013p; 5. 847.0145j or s. 985.791(1); er any Onitlar offeme committed in this state which has boon rodents/rested horn n fonnar statute number to ode of those listed in this sub-sub-subparagraph; and (Ill Has notaased on or after October 1, 1997, from the ranction imposed for arty conviction o an affair-A described in suh-subaubparagraph Id. For purposes of sub-0.1b- subparagraph (I), a wicticn imposed in this vat" or in any other jurisdiction Includes, but is not limited to, a fine, probation, community control, paro4o, conditional release, control release, or tram coation in a state prison, federal prison, private correctional futility, or local (intention facility; b. F3tablithel or maintains a residence in this state and who has not boon cl-sienatee as a sexual pnodator try a court of this state but who has been designated realm:wit predator, zr• sexually violont predator, or by another sexed offend/2e dosignation in another state or jurisdiction and was, as a result of such dosignation, subjected to registration or community or public notification, or both, or would bo if the person %/Vero a resident of that vtoto or jurisdiction, without regard to whether the person otherwise meets the critreia for registration ea a TOXVOI offendor, c. t abllshm or maintains o residence in Vas stato who is In tho custody or control of, or ender tho supervision of, any arbor stato or jurisdiction as a result of a conviction hr committing, or attompting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the follmving statutes or similar offense in another jurisdiction: s. 787.01, s. 717411 or s. 787.025(2)(c), where the victim is a minor and the drifendaru is not the victim's parent or geordlan; s. 794.011 excluding s. 794.011(10); s. 79/.05; s. 796.03; s. 796.035; I. s. 825.1025; s. 827.911; s. 847.01a; s. gizsig, excluding s. ,847.0135(4); s. 847...T37; s. ran 2C s. 847.0145; or s. 2ILM(1); or any similar Miens. committed In this state which her; bean redesignated from a former statute number to one of those listed In this rub subparagraph; or d. On or after July 1, 2007, lies been adjutlicateri delinquent for committing, or attempting. soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statirtas in this state or similar offenses in another jurisdiction when din juvenile was 11 years of ago or older at tho timo of the offense: 0) Section 794.011, excluding s. 71-1.01) 11 oh (I)) suction 800.04(4)(b) Where the victim is under 12 years of ago or where the court finds -sexual activity by the use of force or coercion; OH) Section 800.04(5)(c)1. whore the court finds molestation ineoMen unclothed genital:; or Case No. 08-80736-CV-MARRA P-0083 15 EFTA00190795 JUN-27-2008 FRi 03:34 PH FAX NO. 5618358691 P. 05 (IV) Section 800..Diff511d) whoro the court finds the use of force or coercion and unclothed fi °nitres. 2. For all qualifying offenses listed in sub-subparagraph )101.d., tho court shrill make a vnitter finding of the age or the offendor et the brace of the offense. For each violation of a eialifying offense listed in this subsoction, tho court shalt make a written finding of the ago of the victim at the time. of the offense. For a violation of s. 822,04(4), the court shall additionally make • written finding indicating that the offense did or did Pet insiolue sexual activity and indicating that the offense did or did. not {twelve forco of coercion, for a violation of s. §99j 04(5), the court shall additionally make a written finding that the offense did or did not involve uriclothad genitals or genital area and that the offense- did or did not Involve the urn of force or coercion. (b) 'Convicted- moans that there has boon a dotermination of guilt m a result of o trial or the entry of a pica of guilty or 110(0 contendere, regardless of whether adjudkation is withhold, and inciudos an adjudication of dolinquoncy of n Juvenile as spoclfiad in this section, conviction of a similar offerors includes, but it not limitod to, a conviction by a federal or military tribunal, Including courts-martial conducted by the Armed Forces of the United State:, and includes a conviction or entry of a pica of guilty or nolo centondore resulting in a sanction loony state of the United States or other jurisdiction. A sanction includes, but is not limited too A find, probation, community control, petrol°, conditional release, control rotten; or incartaration in t date WIWI, federal prison, private correctional facility. or local detenumi facility. (c) 'permanent residence' and "torr,portiry roTicnice" have the sane moaning ascribed In 1. 775.21.. (d) "Institution of higher education- moans a carver comer, community college, college, stele kathrorsity, or indopendont postsoconciary institution. (a) thaw in enrollment a employment status' moans the corm ersoarnent or termination of enrollment or employment or a change In location of enrolimont or omptoyment. (f) "floctronic malt ask:boss' has the samo moaning as provided ins, aqvy, (fo birt:tant mazoge name ineerts On identifier thcrt allows a poison to communicate In reoi time. with another person using the Internat. 12) A %Gaunt offender lal Report In person at the sheriffs office: 1. In the county in which the offender ostablishos or maintains a permanent or temporary residence within 48 hours after: a. Establishing permanent or temporary rosidonco in this state; or b. acing roloason from the custody, control, or supervision of the Department of Corrections or from the custody of a private correctional facility; or 2. in the county whim: ho or she was convicted within 4e hours after being convicted (or a OLlatifyinv offense for registration under this yeiCtion if the offender is not in the custody of Case No. 08-80736-CV-MARRA P-008316 EFTA00190796 JUN-27-2008 FRI 03:35 P11 FAX NO. 5618358691 P. 06 control of, or under the suponlOon of, the Deriertniciit of Corrections, or is not in the custody of a private correctional facility. Any change in the sexual offender's permenont or temporary residence, name, any electronit mail address and any instant message name nultere.d to be provided pursuant: to paragraph (41(41, after the sexual offender reports in person at the sheriffs office, shall he accomplished In the manner provided In subsections (1), 17), and (8). fb) Provide his or her name, dote of birth, social security number, race, sox., height, weight hair and eye color, tattoos or other Identifying marks, occupation and place of employment, address of permanent or fugal rondianco or address of any current temporary residence, wit:lin • the State end out of state, including a feral route address and a post office box, any electronic. Mail address and any instant message name required to be provider; pursuant to paragraph (4)(d), date and place of each conviction, and a briar description of the crime or crimes cornmitted by the offender. A post office bait shell not be provided In lieu of a physical residential addrez. f 1. if the seems! offender's piece of residence is a motor vehicle, traitor, mobile home, or manufactured home, as defined in chupter 320, the sexual offender 'hail also provide to the department through the sheriffs office written notice of the vehrele identification number, the license tag number; the registration number; and a description, including color schento, of the motor weifele, trailer, mobilo home, or manufactured home. If the 'extol offender's ptaco o! raSidence Is a vessel, live-aboard value, or houseboat, as defined in chapter 327, the sexual Orlando* shall ales provide to tho department written notice of the hull identification numbs r; the manufacturer's serial number; the name of rho segue; llveiaboard VCS101, or houseboat; the rogletration number; and e description, Incite:II% color scheme, of the voseel, lieriabeerd vessel, or houseboat. 2. if the sexual offender is enrolled, employed, or carrying on a vocation at an institution o/ NOW education in this state, the sexual offender shall also provide to the department through the sheriffs office the name, address, and county of oath institution, including each campus attended, and the sexual offender: enrollment or employment status. Each change in enrollment of employment status shall be reported in person at the sheriffs office, within ee hours after any change in status. The sheriff shall promptly notify each Institution of the sexual offen'der's presence tind any change In the emote offender's enrollment or employment status. When a.sexual offender reports at the sliortffs office, the sheriff shall take a photograph anti a set of fingerprints of the offender end forward the photographs and fingerprints to she depert-nent, along with the Information provided by the sexual offender. The sheriff shell promptly provide to the deportment the Information received from the sexual offender. (31 Within 40 hours after the report required under subsection al, a sexual offender shall report in person eta drivers f Irnnse office of the Department of Highway Safety and Motor Vehicles, unless a driver's license or identification card that compiles with the requirements of s. a,e1.141(3) eite previously secured or updated under s. 0.44.607. At the driver's enema office the sexual offender ti otherwise qualified, secure a Merida driver's license, renew a Florida drtsers license, or secure an Identification card. The sexual offender shall identify himself or herself as e sexual offender who is required to comply with this section and shall provide proof that the sexist offender reported as required in subsection (2). The sexual offender shall provide any of the Information specified In subsection (2), if requested. The sexual offender shall &emit to tho taking of a photograph for use in issuing a driver's license, renewed Ikons°. or identification card, and for use by the department in maintaining current records of sexual offenders, Case No. 08-80736-CV-MAFtRA P-008317 EFTA00190797 JUN-27-2008 FRI 03:35 PM FAX NO. 6618358691 P. 07 ftil Pay the cold assessed by the Department of Highway Safety and Motor Vehicles for issuing or renewing a driver's Ikons,: or identification cord as required by this section. The driver's ((cerise or identification card imuct4 must be in compliance with s. 342.1.1I(3). (c) Provide, upon fewest, any additional information netwary to confirm tho Identity of the sexual offender, including a sot of fingerprints. MOO Each time a rat& offended: driver's license or identification card is subject to renewal, and, without regard to the status of the offenders driver's license or identification card, within 48 hours after any change in the offender's permanent or temporary residence or change in the offender's nano by reason of marriage or other legal pretest, the offcmdor shell report in imrsun to a driver's license office, and shall bo subject to the requirements specified in subsection (3). Tho Deportment of Highway Safety end Motor Vehicles shall forward to the depertmont all photorraphs and information provided by sexual offenders. Notwithstanding the restrictions nut forth in s. 12%142, the Department of Highway Safety and Mow Vehicles Is authorized to release a reproduction of a color photograph or digital-image license to the Department of taw Enforcom•ent for purposes of public notification of sexual offenders as Provided in thb &notion and ss. H2.043 and 944 ;606. (b) A Sexual offender who vacates a permanent residence and fails to establish or maintain another pen/tenant or temporary residence shell, within 45 hours after vacating the permanent residence, report In person to the sheriffs office of the county in whids he or she is located. The sexual offender stroll specify the date upon which he a she intends to or did vacate sus!) residence. Tho sexual offender must provide or update all of the registration Information required under paragraph (2)(b). The sexual offender must provide an address lei tfie residence or other location that ho or she is or will be occupying during the time In which ho or she loll: to establish or maintain a permanent or temporary residence. (c) A sexual offender who remains at a permanent residence after reporting his or her intern to ornate such rosidence shall, within 48 hours otter the data upon which the ofiondes Unheated ho or she would or did %moats such residence, report In person to the agency to which Fro or she reported pursuant to paragraph (b) for the purpose of reporting MI or her address at such residence. When the sheriff rectivas the report, the sheriff shall promptly convey the information to the department. An offender who metes a report as rewired under paragraph (b) but fails to make a report as required under this paragraph commits a felony of the second degree, punishable as provided ins. 775.082, s. 711,01, or 3. /75.01(e. (d) A sctxuat offender must register any electronic mail address or Instant nvassego name with the department prior to using such electronic matt address or instant mosso*ee nbrne on or after October 1, 2007. The department shall establish no online system through which sexual offenders may securely access and update ail electronic mall address and instant message nano information. (5) This section does not apply to a sexual offender who is also a sexual predator, as defined in s. 7.75.;1_, A StaxUal predator must roghtet as required under s. W( 1_ ifs) County and local taw enforcement agencies, in conjunction with the department, shall verify the addresses of =wet offenders who are not under tho care, custody, control, or supervision of the Department of Corrections in a manner that is fundament with the provision: of the federal Adam Welsh Child Protection and Safety Act of 2006 and any other federal standards °politest° to such verification or rcquircd to be mot es a condition for the receipt of federal funds by the state. i.otal law enforcement agencies shall report to the department en ty failure by a sexual offender to comply with registration requirements. Case No. 08-80736-CV-MARRA P-0083 I 8 EFTA00190798 JUN-27-2008 FRI 03:35 PM FAX NO. 5618358691 P. 08 (7) A saw& offender who intends to establish residence In enothor state or Jurisdiction other than tho State of Florida shalt report in parson to the sheriff of the county of Current rePdence within 48 hours before the date ho or the intends to leave this :taco to establish residence In another state or jurisdiction. Tie notification must include the address, municipality, county, and state of intended residence. The %tariff shall promptly provide ta the department the information received from the sexual offender. The deportment shall notify the statowido law onforconvent agency, or a comparable agency, in the intended state or jurisdiction of residence of the sexual offender% intended residence. The failure of a sexual offender to provido his or her Intended place of residence Is punishable as provided in subsection (9). (8) A sexual offender who indicaters his or her luting to reside in another state or Jurisdiction other than tiro State of Florida rind later decides to remain in this state shalt, within MI hours after the date upon which the Patti offender indicated ho or sho would looms this state, report in person to the sheriff to which the sexual offender reported tho intended change or residenco, and report his Of her intent to contain In this state. The sheriff shall promptly report this information to the department.. A casual offender who reports his or her intent to reside, in motive state or jurisdiction but who remains in thisstate without reporting to the sheriff in the manner required by this subsection commits a felony of the second degree, punishable as providod In s. 275.0t1/, s. .72,S.01, or s. Z15.O4. 191(e; A =surd offorMr who does not comply with the requiramorns of this soction c.ommitt a felony of the third dorm, punishable as provided in s. s. 7Y , Or s, 71,1,014, fisi A sexual offender who commits any act or omission in violation of this socidon may be prosecuted for the act or omission in the county In which the act or omMion was the county of the registered address of the sone( offender, or the county In which the conviction occurred for the offense or offenses that meet the criteria for dosignotIng a person DS a sexual offender. (c) An arrest on energies of killere to resistor when the offondor has been provided and advised of his or Mr statutory obligations to register under subsection f2), the sorMco of an information or a complaint for a violation of this section, or an arraignment on charges for vioittfon of this section constitutes actual notice of the duty to register. A sexual Offenders failure CO Immediately ragliter as required by this section following such arrest, service, or arralennasM constitutes grounds, for a subsequent charge of failure to register. A sexual offender charged with this clime of failure to rogIstor who assorts, or intends to assert, a lack of notice of the duty to maw es a defemc to a charge of failure to register shall immodiatoly moister as requfred by this section. A sexual offender who Is thread with a subsequent failure to reginor may not assort the defense of a tack of notice of the duty to rogixor, id) Rogistration following such arrest, service, or arraignment is not a defame and doors not relieve the sosual offender of criminal liability for the failure to register. 110) The department, the Department of Highway Safety and Motor vehicles, the Deportmont of Correctiorc, the Department of Juvenile Justice, any law enforcement agency in this staler, and the personnel of those departments; en elected or appointed official. public employee, or wheal administrator; or an treployeo, agency, or any Individual or entity acting at the request or upon the direction of any law enforcement agency h immune from civil liability for dameaes for good faith compliance with the requirements of this section or for the release of information under this section, and shall be presumed to have acted in good faith in compiling, recording, reporting, or releasing the information. The presumption of gond faith is not overcome If a technical or clerical error Is made by the department, the Departmont of Highway Safoty and Motor Voniclos, the Department of Corrections, the Dopertment of Juvenile Case No. 08-80736-CV-MARRA P-008319 EFTA00190799 JUN-27-2008 FRI 03:36 PH FAX NO. 5618358691 P. 09 Justico, the personnel of those departments, or any individual or entity acting at the request or upon the direction of any of those departments in compiling or providing information, or ff Information is incomplete or Incorrect betas % a sexual offender falls to report or falsely report; his or her current place of permnnent or temporary rand/ince (11) Except as provided ins. 943.041,51, e sexual offender must maintain registration with the department for the duration of his or hm• filo, unless the wxual offender has received 4 full ()Mtn or has had a conviction sot asido in a postconvfetIon proceeding for any offense the; moots the criteria for el:ossifying the person es a sexual offender for purposes of rogistratioil However, a sexual offender: rap. Who has bean lawfully released from confinement, supervision, or sanction, whichever is later, for at least 25 years and hes not been arrested for any felony or misdemormor offense since release, provided that the sexual offender's requirement to rogistnr wm: not Soled upon on adult conviction: fora violation of s. Zat91 or S. 7u...92; b. Per a violation of s. ?94.011, excluding s. 794,611(10); C. Fore violation nisi 0_00.04(4) (b) where the court finds the offense Involved a victim under 12 ycnrc of ago or reel activity by the use of force or coercion; d. For a violation of s. 490.01(5)(b), • oi For a violation of s. 800,0a(5)c.7.. Mona the court finds the of fonso involvod unclothed genitals or genital area; f. Por any attempt or conspiracy to commit eny such °Promo; or g. Fora violation of similar law of another jurisdiction, may petition the criminal division of this cirette court of the circuit in which rho sexist offender resides for the purpose of removing the requirement for registration as a sexual offender. 2. The court may grant or deny relief if the offender der nos to the court that ho or sire has not boon arrested for any crime since release; the roguosteci relief complios with the Provision% of the federal Adam Walsh Child Protection and Safety Act of 2006 and any other federal standards applicable to the removal of registration requirements for a se mal offender or required to ho met as n condition for the receipt of federal funds by the state; and the cart is otherwise satisfied that the offender is not a current or potential throat to public safety. The %tato attorney in the circuit in which the petition Is filed must bo given notice of the potition at best 3 week: before the neerfne on teMatter. Tho state attorney may prison oindonco in opposition to the requested relief or may otherwise doMonstrate the reaserr why the petition should be denied. If tho court denies the petition, tho court may sot a future date at which the seXual offender may again petition the court for relief, subject to the standards for relief provided in this subsection. 3. The department shall rornovo an off odor from classification as a WARM offender for purposes of registration if the offender provides to the,, deportment o °reified copy of the courts written findings or orrice that Indicates that the offender h no tonsor ranuiroci to comply with the requirements for registration as a sexual offender. Case No. 08-80736-CV-MARRA P-008320 EFTA00190800 JUN-27-2008 FRI 03:36 PM FAX NO. 5618358691 P. 10 (b) As doenod in sub-subparagraph (1)ta)1.h. must maintain rogistfation with the department for tho duration of it or her lira until the person provides the deportment with an order issued by the court that de-donated the person as a sexual predator, as a taxuallysdolont predator, or by another sexual offender designation In the state or Jurisdiction in which the order was issued which restos that such dosignation has been removed or demonstrates to tho department that such designation, If not Imposed by a court, has been removed by operation of law or court order in the state or jurisdiction in which the designirtion was made, and provided such person no longer meets the criteria for registration as a sexual offender under the laws of this state. (12) The Legislature finds that sexual offenders, othodally those who have committed offianses against minors, of ton polo a high risk of onpgine in sexual offonses oven after being Sees& from incarcoration or cornoitinent and that protective) of the public from envoi offenders R s paramount govorrimant 'Merest. Seam' offenders have a roducod oxpectation of privacy because of the public's Moro* In public•xfoty and in the affective operation of government. Releasing information concorning sexual offenders to law enfoircernent agencies and to persons who request such information, and the release of svch Information to the public by a taw enforcement agency or public agency, will further the govenmontal Into•osts of public safety. Rio designation of a person as a sexual offender is note sentence or a punishment but is :imply the status of the offendor which is the result of a conviction for having committed certain crimes. (13) Arty person who has rcrison to believe that a sexual offender is not complying, or has net complied, with the requirements of this section and who, with the Intent to assist the sexual offender in eluding a law reforcemont agency that Is soaking to find the sweat offender to question tho sexual offender about, or to arrest the crawl, offender for, his or her noncompliance with the toosdrornonts of this section: (a) Withholds information from, or does not notify, the low enforcement agency about the muml offender's noncompliance with the nequiremonts of this %action, and, If known, the whereabouts of the SOWS Offender; (0) Harbors, or attempts to harbor, or mkt:. another person in harboring or ottompting to harbor, the scam' offender, or (c) Concoalr or attempts to conceal, or assists another person in concealing or attempting to concool, the sexual °fender; or (d) Provides information to the law enforcernont plenty regarding the sexual offender that the parson knows to be false information, commits a lelony of the third degree, punishable os provided in s. 775.082, s. 775.063, or s. 775.084. 114)In) Asexual offender must report In person each yoor during the month of the sexual offender's birthday and during the sixth month following the sexual offender's birth month to the swifts office in the county in which ho or she reties or is othorwloo located to roroglsler. fb) However, a "mint offender who is required to registor as a result of a conviction for: 1. Section 787.01. or s. 787.02 where tho victim is a minor and the offender Is not the victims parent or guardian; Case No. 08-80736-CV-MARRA I'-008321 EFTA00190801 JUN-27-2008 FRI 03:37 PM FAX NO. 5618358691 P. 11 2. Section 19,4.011, oxcluding s. Z94.01,1 00); 3. Section 1104,04(1)(b) whom the court finds the offense In./Dived a victim under 12 years of age or sexual activity by the use of foreo or coercion; 1. Section 801).01(5)(b); 5. Section god.04(9)(c)1. whore the court finds molestation involving unclothed oonitislf. Or SOrtitat arse; 0. Section 800.04fSic.2. whore the court rinds molestation involsing unclothed genitals or enteral area; 7. SoctIon gr10.04(51id) whore the coal finds the use of force or coortion and unclothed genitals or genital area; a. Any attempt or conspiracy to commit such offense; or 9. A violation of a similar law of another jurisdiction, must reregister each year during the month of the ...cadet offender's birthday cod ovary third month thereafter. (c) 'rho sheriff's office may determine tiro appropriate times and days for reporting by the sexual offender, which shalt ho consistent with the reporting requirements of this sobsectioil. Renagittration shall include any clumps to the following information: 1. Malmo; social security number; age; race; sex; dote of birth; height; weight; hair and or color; address of any permanent residence and edam of any cirront temporary residence, within the state cr out of state, including a rural route address end a post office hot; any Moctronic moll address and any Instant message name required to be provided pursuant to peatgraph (4)(d); date and Seem of any ornploymont; vehicle maim, model, color, and titanic tag number; fingerprints; and photograph. A post office box shall not be provided In lieu of a physical residential addrass. 2. IF the soxual offender is enrolled, employed, or carrying on a vocation at on institution or higher education in this state, the sexual offender shall also provido to the deportment the name, address, and county of oath institution, including oath campus attended, and the sexual offonder's enrollment or employment status. 3. if tho sexual offonder's Saco of residence is a motor vehicle, traitor, mobile home, or manufactured hones, as defined in chapter 320, the sexual offender shalt also provide the vehicle identification number; the ikons° tag number; the, registration !lumbar; and a doscription,including color scheme, of the motor vehicle. trailer, mobile home, or manufactured home. If the sexual offender's place of rosidonco is a vessel, tive.aboard or houseboat, as defined in chapter 327, the sexual offender shall also provide the hull identifiaitton number; the manufacturer's serial number; the num° of the vessel, live-aboard uassoi, or houseboat; the rogistratIon number; and o description, including color schwa, of the venal, live-aboard vosost or houseboat. 4. Any sexual offender whs. fails to roport in person es required at the sheriffs office, or win, falls to rszpond to any address verification correspondence from the department within weeks of eh° date of the correspondent** or who falls to report electronic mall addresser. or Case No. 08-80736-CV-MARRA P-008322 EFTA00190802 JUN-27-2008 FRI 03;37 PM FAX NO. 5618358691 P. 12 Instant ~sap names, ceramics 32 felony of the third doors°, punishable as provided In s. 775.082 s. 775.083 or s, 775.084. (d) The shorifPs effico shell, within 2 wsrldri days, electronically submit and update Information provided by the sexual offendor to the department in a manner prescribed by the department. Case No. 08-80736-CV-MARRA P-008323 EFTA00190803 JUN-27-2008 FRI 03:37 PM FAX NO. 5618358691 P. 13 948.30 Additional terms and conditions of probation or community control for certain sex offenses.—Conditions imposed pursuant to this section do not require oral pronouncement at the time of sentencing and shall be considered standard conditions of probation or community control for offenders specified in this section. (1) Effective for probationers or community controtlees whose crime was committed on or after October 1, 1995, and who are placed under supervision for violation of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, the court must impose the following conditions in addition to all other standard and special conditions imposed: (a) A mandatory curfew from 10 p.m. to 6 a.m. The court may designate another 8-hour period if the offenders employment precludes the above specified time, and the alternative is recommended by the Department of Corrections. If the court determines that imposing a curfew would endanger the victim, the court may consider alternative sanctions. (b) If the victim was under the age of 18, a prohibition on living within 1,000 feet of a school, day care center, park, playground, or other place where children regularly congregate, as prescribed by the court. The 1,000-foot distance shall be measured in a straight line from the offender's place of residence to the nearest boundary line of theichool, day care center, park, playground, or other place where children congregate. The distance may not be measured by a pedestrian route or automobile route. (c) Active participation in and successful completion of a sex offender treatment program with qualified practitioners specifically trained to treat sex offenders, at the probationer's or community controllee's own expense. If a qualified practitioner is not available within a 50- mile radius of the probationer's or community controllee's residence, the offender shall participate in other appropriate therapy. (d) A prohibition on any contact with the victim, directly or indirectly, including through a third person, unless approved by the victim, the offender's therapist, and the sentencing court. (e) If the victim was under the age of 18, a prohibition on contact with a child under the age of 18 except as provided in this paragraph. The court may approve supervised contact with a child under the age of 18 if the approval is based upon a recommendation for contact issued by a qualified practitioner who is basing the recommendation on a risk assessment. Further, the sex offender must be currently enrolled in or have successfully completed a sex offender therapy program. The court may not grant supervised contact with a child if the contact is not recommended by a qualified practitioner and may deny supervised contact with a child at any time. When considering whether to approve supervised contact with a child, the court must review and consider the following: 1. A risk assessment completed by a qualified practitioner. The qualified practitioner must prepare a written report that must include the findings of the assessment and address each of the following components: a. The sex offender's current legal status; b. The sex offenders history of adult charges with apparent sexual motivation; c. The sex offender's history of adult charges without apparent sexual motivation; Case No. 08-80736-CV-MARRA P-008324 EFTA00190804 JUN-27-2008 FRI 03:37 PM FAX NO. 5618358891 P. 14 d. The sex offender's history of juvenile charges, whenever available; e. The sex offender's offender treatment history, including consultations with the sex offenders treating, or most recent treating, therapist; f. The sex offenders current mental status; g. The sex offender's mental health and substance abuse treatment history as provided by the Department of Corrections; h. The sex offenders personal, social, educational, and work history; i. The results of current psychological testing of the sex offender if determined necessary by the qualified practitioner; j. A description of the proposed contact, including the location, frequency, duration, and supervisory arrangement; k. The child's preference and relative comfort level with the proposed contact, when age appropriate; I. The parent's or legal guardian's preference regarding the proposed contact; and m. The qualified practitioners opinion, along with the basis for that opinion, as to whether the proposed contact would likely pose significant risk of emotional or physical harm to the child. The written report of the assessment must be given to the court; 2. A recommendation made as a part of the risk assessment report as to whether supervised contact with the child should be approved; 3. A written consent signed by the child's parent or legal guardian, if the parent or legal guardian is not the sex offender, agreeing to the sex offender having supervised contact with the child after receiving full disclosure of the sex offender's present legal status, past criminal history, and the results of the risk assessment. The court may not approve contact with the child if the parent or legal guardian refuses to give written consent for supervised contact; 4. A safety plan prepared by the qualified practitioner, who provides treatment to the offender, in collaboration with the sex offender, the child's parent or legal guardian, if the parent or legal guardian is not the sex offender, and the child, when age appropriate, which details the acceptable conditions of contact between the sex offender and the child. The safety plan must be reviewed and approved by the court; and 5. Evidence that the child's parent or legal guardian understands the need for and agrees to the safety plan and has agreed to provide, or to designate another adult to provide, constant supervision any time the child is in contact with the offender. The court may not appoint a person to conduct a risk assessment and may not accept a risk assessment from a person who has not demonstrated to the court that he or she has met the requirements of a qualified practitioner as defined in this section. Case No. 08-80736-CV-MARRA P-008325 EFTA00190805 JUN-27-2008 FRI 03:38 PM FAX NO. 5618358691 P. 15 (f) if the victim was under age 18, a prohibition on working for pay or as a volunteer at any place where children regularly congregate, including, but not limited to, schools, day care centers, parks, playgrounds, pet stores, libraries, zoos, theme parks, and malls. (g) Unless otherwise indicated in the treatment plan provided by the sexual offender treatment program, a prohibition on viewing, accessing, owning, or possessing any obscene, pornographic, or sexually stimulating visual or auditory material, including telephone, electronic media, computer programs, or computer services that are relevant to the offenders deviant behavior pattern. (h) Effective for probationers and community controllees whose crime is committed on or after July 1, 2005, a prohibition on accessing the Internet or other computer services until the offender's sex offender treatment program, after a risk assessment is completed, approves and implements a safety plan for the offenders accessing or wing the Internet or other computer services. (i) A requirement that the probationer or community controllee must submit a specimen of blood or other approved biological specimen to the Department of Law Enforcement to be registered with the DNA data bank. (j) A requirement that the probationer or community controllee make restitution to the victim, as ordered by the court under s. 775.089, for all necessary medical and related professional services relating to physical, psychiatric, and psychological care. (k) Submission to a warrantless search by the community control or probation officer of the probationer's or community controllee's person, residence, or vehicle. (2) Effective for a probationer or community controllee whose crime was committed on or after October 1, 1997, and who is placed on community control or sex offender probation for a violation of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, in addition to any other provision of this section, the court must impose the following conditions of probation or community control: (a) As part of a treatment program, participation at least annually in polygraph examinations to obtain information necessary for risk management and treatment and to reduce the sex offender's denial mechanisms. A polygraph examination must be conducted by a polygrapher trained specifically in the use of the polygraph for the monitoring of sex offenders, where available, and shall be paid for by the sex offender. The results of the polygraph examination shall not be used as evidence in court to prove that a violation of community supervision has occurred. (b) Maintenance of a driving log and a prohibition against driving a motor vehicle alone without the prior approval of the supervising officer. (c) A prohibition against obtaining or using a post office box without the prior approval of the supervising officer. (d) If there was sexual contact, a submission to. at the probationer's or community controllees expense, an HIV test with the results to be released to the victim or the victim's parent or guardian. Case No. 08-80736-CV-MARRA P-008326 EFTA00190806 JUN-27-2008 FRI 03:38 PH FAX NO. 5618358691 P. 16 (e) Electronic monitoring when deemed necessary by the community control or probation officer and his or her supervisor, and ordered by the court at the recommendation of the Department of Corrections. (3) Effective for a probationer or community controllee whose crime was committed on or after September 1, 2005, and who: (a) Is placed on probation or community control for a violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s. 847.0145 and the unlawful sexual activity involved a victim 15 years of age or younger and the offender is 18 years of age or older; (b) Is designated a sexual predator pursuant to s. 775.21; or (c) Has previously been convicted of a violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s. 847.0145 and the unlawful sexual activity involved a victim 15 years of age or younger and the offender is 18 years of age or older, the court must order, in addition to any other provision of this section, mandatory electronic monitoring as a condition of the probation or community control supervision. Case No. 08-80736-CV-MARRA P-008327 EFTA00190807 IN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein by indictment with solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation into Epstein's background and any offenses that may have been committed by Epstein against the United States from in or around 2001 through in or around September 2007, including: knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation of Title 18, United States Code, Section 371; (2) knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females, in violation of Title 18, United States Code, Section 2423(b); all in vio