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efta-efta01719203DOJ Data Set 10CorrespondenceEFTA Document EFTA01719203
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PLEA IN THE CIRCUIT COURT
THE FOLLOWNG IS TO REFLECT ALL TERMS OF THE NEGOTIATED SETTLEMENT
Name: Jeffrey E. Epstein
Plea: Gully A
Case P41..
_
Charge _
Count Lesser
Degree
043CF009454AMB
Felony Soliatathon of Prostitution
1
No
3 EEL
ring Person Under 18 for Prostitution 1
No
2 FFL
PSI: VW tved/Not Required X__
Required/Requested
MUMPicAngti:
Adjudicate [x ]
SENTENCE:
On 06CF0O9454AMB, the Defendant is sentenced to 12 months in the Pain Beach County
Detention Facility, with credit for 1 (one) day time served.
ac,A. tre,,Irrei•Ce..
On 08CF009391AMEI, the Defendant S sentenced to 6 months/it the Pain Beach County
Detention Facility, with credit for 1 (one) day tine served. This 8 month sentence is to be
served consecutive to the 12 month sentence in 06CF0O9454AM8. Following this
month sentence, the Defendant will be placed on 12 months Community Control 1 (one).
The conditions of community control are attached hereto and incorporated herein.
OTHER COMMENTI_OR CONDITIONS:
Asa special condition of his community control, the Defendant is to have no unsupervised
contact with minors, and the supervising adut 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 al the corresponding requirements of the statute, a copy of which S attached
hereto and incorporated herein.
The Defendant must provide a DNA sample ei court at the time of
STATE OF FL0RIUA • PALM BEACH COUNTY
By
I hereby certify that the
foregoing is a true copy
the rec
in my office.
S ARO .
CLER & ON1
OLLER
PUTY CLERK
2022_
EFTA01719203
nakrir _sc ,L-nn-ii.asszy-TBAT YOU SHALL COMPLY WPM THE•VOLLOWINISIDTTIONI-OE SUPERVISION:
I.
GoidIvRJNITY. CONTROI
ARO CONDITIONS:
•
You will remain confined td your residence except one half hour before and after your approved employment,
.
community service work, or any other activities approved by your probation officer.
You will maintain an hourly accounting of all your activities on a daily log which-you will submit to your supervising
officer upon request
•
•
The Department of-Corrections, may at its discretion, places you on Electronic Monitoring during the term of your
Community Control. If plactd.on Electronic Monitoring, you will wear a monitor at all times. You will maintain a •
private phone line, be financially responsible for any lost or damaged equipment and follow all rules and regulations as
instructed. The telephone will be available within five working days of being placed 'on Electronic Monitoring Program-
While on electronic monitoring you will remain confined to your residence and are prohibited from being outside the
residential walls. •
(6) If while being monitored and the monitor is found to have been tampered with you shall be taken into custody
immediately, if the officer determines that your were not at your schedules place of work or school while allowed to be
outside the residence then in that event you Shall be taken ink) custody immediately. If taken into custody, you shall be
held without bond and shall, on the next working day, brought before a Judge presiding over his or her case for further
disposition at the discretion of the-presi 'ng Judge
(e) If placed on Electronic Monitoring you willpay to the State of Florida, for the cost of Electronic Monitoring $1.00 per
DeCendArt4. colt kee
d.; 4-43 e-L-4- 3Sir &I
I. e Way,
' day, perF.S. 948.09;
O1./X-
3 to
T
RD CONDITIONS
(a) You will submit to and, unless otherwise waived, be financially responsible for drug testing, urinalysis at least on a
monthly basis, and counseling if deenied appropriate by your supervising officer. • ,
(b) You will enter and successfully' complete a non-secure or inpatient drug treatment program if deemed appropriate by
•
your officer.
.
CO You will comply with any curfew restrictions, confinement approved residence or travel restrictions as instructed by
.
.
your officer and approved by the Officer's Supervisor.
. scsUltFFEtafeR4Q64gAade-e.eNDEPlefeSt
. •
you shall submit to a mandatory curfew from 10:00 PM to 6:00 AM
•
..
(if the victim was-under the age of 18-years) you shall not live within 1000 feet of a school. day cue center, park,
. playground, or other place where children-regularly congregate. .
. •
(e) you shall ether, actively participate in, and successfully complete a sex offender treatment program with a therapist
c....,. particularly trained to treat sex offender, at projoationm's or community' controlees expense.
coujjou shall not-have any contact with the viaWdirectly or indireddy, including through a third person, unless approVed
by the victim, the therapist antsentencing court.
.
.
.
(if the victim was under the age of 18 years) you shall not, until you successfully attend and complete the sex offender
program. have any unsupervised contact with a child under the age of 18 years, unless authorizedby the. sentencing
court, without an adult present who is responsible for the child's welfare and which adult has been advised of the crime
'and is approved by the sentencing court
•
.
the victim was tinder the age of 18 years) you shall not work for pay or as a volunteer in any school, day care center, •
ark, playground, or other place where children regularly congregate. -
.
Re-
you shall not view,
wn, or posses any obscene, pornographic or sexually stimulating. isual or auditory material, including telephone, .
electronic media, computer programs or computer services that are relevant to ycmr deviant behavior pattern.
YoU shall submit two specimens of blOod to tfie Florida Department of Law Enforcement to be registered with the DNA
Data Bank.
. .
.
.
You shall make restitution to the victim as ordered by this court pursuant to F.S. 775.089 for all necessary medical and
related profeslional services relating to the physical, psychiatric and psychological care of the victim.
:
•
You shall submit to a warrantless search by your probation officer or community control officer of y ur person
residence, or vehicle.
'
,
CO tnMM
ceske
Dae-otoi-o-
c-a. Liss
ssecc4( otfr- a- M-IIA,1
ern byte_
p,.._
.kAre_aik.„,
g
girvielA Seip Gt, cci wricdin-v
Pu /A Fc. •
EFTA01719204
(c)
.•••..••••
you shall submit to a man3atory curfew from 10:00 PM to 6:00 AM
<if the victim was under the age of 18 years) you shall not live within 1000 feet of a school, day care center, park,
playground, or other place where children regularly congregate.
you shall enter, actively participate in, and successfully complete a sex offender treatment program with a therapist
particularly trained to treat sex offender, at probationer's or community contrOlees expense.
•
you shall not have any contact with the victim, directly or indirectly, including through a third person, Unless approved
by the victim, the therapist and sentencing court .
.
(if the victim was under the age of 18 years) you shall not, until you successfully attend and complete the sex: offender
program, have any unsupervised contact with a child under the age of 18' yeari, unless authorized by the sentencing
court Without an adult present who is responsible for the child's welfare and which adult has been advised of the•crime
• and is approved by the sentencing court.
.
(O
(if the victim was under the age of la years). yoti shall not work for pay or as a volunteer in any school,•daycare center,
park, playground, or other place where children regularly congregate.
(g)
Unless otherwise indicated in the treatment pladprovided by the sexual•offender treatment program, you shall not view,
own, or posses any obscene, pornographic or sexually stimulating visual or auditory material, including telephone,•
• electronic media, computer programs or computer services that are relevant to your deviant behavior pattern.
You shall submit two s ec ens of bl
t
e
d
Data Bank.
.
.
.
.
(O ' You shall make restitution to the victim as ordered by this court pursuant to F.S. 775.089 for all necessary medical and
related professional services relating to the physical, psychiatric and Psychologicalcare of the victim.
0) You shall submit to a Warrantless search by your probation officer or community control officer of your person,
------„, residence. or. vehinle
(lc
you s
, as part o a treatment program, participate once/twice annually in polygraph examination to obtain information
necessary for risk management and treatment and to reduce your denial mechanisms: Your polygraph examinations mils'
be conducted by a polygrapher trained specifically in the use of polygraph for monitoring sex offenders and it shall be
paid by you. The results of the polygraph examinations shall not be used as evidenced in court to prove that a violation
of community supervision occurred.
.
You shall maintain a driving log, you shall, not drive a'motor vehicle while alone without prior approval of your
supervising officer.
.
.
.
(if there was seirual contact) you shall submit to, at probationer's or community controlei's expense,an HIV test with .
.
.
the results to be released to the victim,_ or the victim's parents or guardian.
.
.
You will not obtain or use a Post Office Box Without the prior approval of the supervising officer.
a
yoti.vvill submit to electronic monitoring when deemed necessary by the community control or probation officer and his
or her supervisor, andnrdered by the court at the recommendation of the Department of Corrections.'
.
•
•
.
.
.
ithert .
'HE COURT RESERVES THE RIGHT TO RESCIND, MODIFY, OR REVOKE S
SI
TO T
f t Fuo'T PROVIDED BY LAW
)ONE AND ORDSRED AT West Palm BeaCh, Palm Beach County, Florida, this
ay oLl
lunc Pro Tune: 19.192005
Honorable Sandra K. McS201.
• „hidge; Circuit Court
have received a copy of the terms and conditions of my supervision. I have read and understand these condiL "Ts *- agiee to report to the Department of
!orrections ProbalSoo Office for further instructions. Also, I hereby consent to the disclosure of my alcohol and drug abuse patient ;et
the confidentiality
f which is federally regulated under 42CFR, Part II, for the duration of my
ion.
•.
FLORIDA ;PALM
I hereby eerily tha
foregoing Is . true
of the recor in cm
LTD' CLERK
EFTA01719205
948.101 Terms and conditions of community control and criminal quarantine community
control.--
(1) The court shall determine the terms and conditions of community control. Conditions
specified in this subsection do not require oral pronouncement at the time of sentencing and
may be considered standard conditions of community control.
(a) The court shall require intensiw 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 agreod-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 dcrvico
or system.
5. The standard conditions of probation set forth in s. 948.03,
(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 prevent the court from
adding thereto any other terms or conditions that the court considers 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 fs contingent upon the approsel of the receiving state interstate compact
authority. The court may rescind or modify at any time the terms and conditions theretofore
imposed by it upon the offender In community 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 jurisdiction of the Department of Corrections, a
probation program drug punishment phase I secure 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 HIV in
violation of s. 775.0877 on criminal quarantine community control. The Department of
Corrections shall dovelop and administer a criminal quarantine community control program
emphasizing intensive supervision with 24-host-par-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.
EFTA01719206
'943.0435 Sexual offenders required to register with the department; penalty.••
(1) As used in this section, the term:
(a)1. -Sexual offender means 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, soliciting, or conspiring to commit, any
of the criminal offenses proscribed in the following statutes in this state or similar offenses in
another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), whore 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.
794.05; s. 796.03. s. 796.035. s. 800.04; s. 825.1025; s. 827.071. s. 847.0133. s. 847.0135
excluding 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 number to
one of those listed in this sub-sub-subparagraph; and
(II) Has been 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 sub-sub-
subparagraph (I), a sanction imposed in this state or in any other jurisdiction includes, but is
not limited to, a fine, probation, community control, parole, conditional release, control
release, or incarceration in a state prison, foderal prison, private correctional facility, or local
detention facility;
b. Establishes or maintains a residence in this state and who has not been designated as a
sexual predator by a court of this state but who has been designated as a sexual predator, as a
sexually violent predator, or by another sexual offender designation in another state or
jurisdiction and was, as a result of such designation, subjected to rogistration or community or
public notification, or both, or would be if the person wore a resident of that state or
jurisdiction, without regard to whether the 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
under the supervision of, arty other state or jurisdiction as a result of a conviction for
committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses
proscribed in the following statutes or similar offense in another jurisdiction: s. 787.01, s.
/187.9z, or s. 787.025(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. 794.05 s. 796.03; s. 796.035; s.
800.04; s. 825.1025. s. 827.071. s. 847.0133. s. 847.0135, excluding s. 647.0135(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 boon redesignated from a former statute number to ono of those listed fn this
sub-subparagraph; or
d. On or after My 1, 2007, has been adjudicated dotinquent 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 jurisdiction when the juvenile was 14 years
of age or older at the time of the offense:
(I) Section 794.011, excluding s. 794.011(10);
Section 800.04(4)(b) whore the victim is under 12 years of age or where the court finds
sexual activity by the use of force or coercion;
(III) Section 800.04(5)(c)1. whore the court finds molestation
>
involving unclothed genital • r
EFTA01719207
a
(iV) Section 800.01(5)(d) where the court finds the use of force or coercion and unclothed
genitals.
2. For all qualifying offenses listed In sub-subparagraph (1)(a)1.d., the court shall make a
written finding of the ago of the offender at the time of the offense.
For each violation of a qualifying offense listed in this subsection, the court shall make a
written finding of the age of the victim at the time of the offense. For a violation of s.
800.01(4), the court shall additionally make a written finding indicating that the offense did or
did not knob's; sexual activity and indicating that the offense did or did not involve force or
coercion. For a violation of s. 800.04(5), the court shall 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 frivol'," the use of force or coercion.
(b) "Convicted means that there has been a determination of guilt as a result of a trial or the
entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld,
and includes an adjudication of delinquency of a juvenile as specified in this suction.
Comfiction of a similar offense Includes, but Is not limited to, a conviction by a federal or
military tribunal, including courts-martial conducted by the Armed Forces of the United States,
and includes a conviction or entry of a plea of guilty or nolo contender. rosulting in a sanction
in any state of the United States or other jurisdiction. A sanction includes, but is not limited
to, a fine, probation, community control, parole, conditional release, control release, or
incarceration fn a state prison, federal prison, private correctional facility, or local detention
facility.
(c) 'Permanent residence and "temporary residence" have the same moaning ascribed in s.
775.21.
(d) 'Institution of higher education means a career canter, 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 location of enrollment or employment.
(f) "Electronic mail address" has the same meaning as provided fn s. 668.602.
(g) 'instant message name" means an identifier that allows a person to communicate in real
time with another person using the Internet.
(2) A sexual offender shall:
(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 S8 hours after:
a. Establishing permanent or temporary residence in this state; or
b. Being released from the custody, control, or supervision of the Department of Corrections
or from the custody of a private correctional facility; or
Z. In the county whore he or she was convicted within 48 hours after being convicted for a
qualifying offense for registration under this section if the offender is not in the custody or
EFTA01719208
control of, or under the supervision of, the Department of Corrections, or is not in the custody
of a private correctional facility.
My 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)(d), after the sexual offender reports in person at the sheriffs office, shall be accomplished
in the manner provided In subsections (4), (7), and (8).
(b) Provide his or her name, data of birth, social security number, race, sex, height, weight,
hair and cry. color, tattoos or other Identifying marks, occupation and place of omployrnont,
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)(d), 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.
1. If the sexual offender's place of residence is a motor vehicle, trailer, mobile home, 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
license tag number; the registration number; and a description, including color schema, of the
motor vehicle, trailer, mobile home, or manufactured home. If the sexual offender's place of
residence is a vessel, Use-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 manufactirees 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
Ansel, or houseboat.
2. if the sexual offender is enrolled, employed, or carrying on a vocation at an institution of
higher education in this state, the sexual offender shall also provide to the department through
the sheriffs office the name, address, and county of each institution, including oath 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 any 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 shall take a photograph and a
sat of fingerprints of the offender and forward the photographs and fingers/Tints to the
department, along with tho 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 driver's license office of the Department of Highway Safety and Motor
Vehicles, unless a driver's license or Identification card that complies with the requirements of
5. 322.141(3) was previously secured or updated under s. 944.607. At the driver's license office
the sexual offender shall:
(a) If otherwise qualified, secure a Florida driver's license, renew a Florida driver's license, or
secure an identification card. The sexual offender shall Identify himself or herself as a sexual
offender who is required to comply with this section and shall provide proof that the sexual
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 submit to the
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.
EFTA01719209
(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 be in compliance with s. 322.141(3).
(c) Provide, upon request, arty additional information necessary to confirm the identity of the
sexual offender, including a set of fingerprints.
(4)(e) Each time a sexual offender's drivels license or identification card is subject to renewal,
and, without 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 o► temporary residence or change in the
offender's name by reason of marriage or other legal process, the offender shall report fn
person to a driver's license office, and shall be subject to the requirements specified in
subsection (3). The Department of Highway Safety and Motor Vehicles shall forward to the
department all photographs and information provided by sexual offenders. Notwithstanding the
restrictions sat forth in s. 722.142 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
provided in this section and ss. 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 hotrs 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 shall specify the date upon which he or she intent to or did vacate such
residence. The sexual offender must provide or 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 is or will be occupying during the time in which he or she fails
to establish or maintain a permanent or temporary residence.
(c) A sexual 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 person to the agency to which
he or she reported pursuant to paragraph (b) for the ptrpose of reporting his or her address at
such residence. When the sheriff receives the report, the sheriff shall promptly convey the
information to the department. An offender who makes a report as required under paragraph
(b) but fails to make a report as required under this paragraph commits a felony of the second
degree, punishable as provided in s. 775.087, s. 775.a37, or s. 775.0841.
(d) Asexual offender must register any electronic mail address or instant message name with
the department prior to using such electronic mail address or instant message name on or after
October 1, 2007. The department shall establish an online system through which sexual
offenders may securely access and update 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 as required under s. 775.21.
(6) County and local law enforcement agendas, in conjunction with the department, shall
verify the addresses of sexual offenders who are 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 verification or required to be met as a condition for the receipt of
federal funds by the state. Local law enforcement agencies shall report to the department any
failure by a sexual offender to comply with registration requirements.
EFTA01719210
(7) A sexual offender who intends to establish residence in another state or jurisdiction other
than the State of Florida shalt report in person to the sheriff of the county of current residence
within 48 hours before the date he 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 shall notify the statewide law
enforcement agency, or a comparable agency, in the intended state or jurisdiction of residence
of the sexual 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) A sexual offender who indicates his or her intent to reside in another state or jurisdiction
other than the State of Florida and later 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. A sexual 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 fn
the manner required by this subsection commits a felony of the second degree, punishable as
provided in s. 775.0q, s. 775.083 or s. 775.084.
(9)(a) A sexual offender who does not comply with the requirements of this section commits a
felony of the third degree, punishable as provided ins. 775.082, s. 775.083 or s. 775.084,
(b) A sexual offender who commits any act or omission fn 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 charges 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 asserts, or intends to assert, a lack
of notice of the duty to register as a defense to a charge 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 of a lack 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 Corrections, 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 administrator; or an employee, agency, or any individual or entity acting at the request
or upon the direction of any law enforcement agency is immune from civil liability 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 haw acted in good faith In compiling,
recording, reporting, or releasing the information. The presumption 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
EFTA01719211
Antic., 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 sexual offender fails to report or falsely
reports his or her current place of permanent or temporary residence.
(11) Except as provided in s. 94104354, a sexual offender mug maintain registration with the
department for the duration of his or her life, unless the sexual offender has received a full
pardon or hes had a conviction set aside in a postconviction proceeding for any offense that
meets the criteria for classifying the parson as a sexual offender for purposes of registration.
However, a sexual offender:
(a)1. Who has been lawfully released from confinement, supervision, or sanction, whichever is
later, for at least 25 years and has not been arrested for any felony or misdemeanor offense
since release, provided that the sexual offender's requirement to register was not based upon
an adult conviction:
a. For a violation of s. 787.01 or s. 787.02-
b. Fora violation of s. 794.011 excluding s. 794.011(10);
c. For a violation of s. 800.04(4)(b) whore the court finds the offense involved a victim urpdor
12 years of ago or sexual activity by the use of force or coercion;
d. Fora violation of s. 800.04(5)(b);
e. For a violation of s. 800.04(5)c.2. whore the court finds the offense involved unclothed
genitals or genital area;
f. 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 the circuit court of the circuit in which the sexual
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 demonstrates to the court that he or she
has hot been arrested for any crime since release; the requested relief complies with the
provisions 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 sexual offender
or required to be met as a condition for the receipt of federal funds by the state; and the court
is otherwise satisfied that the offender is not a currant or potential threat to public safety. rho
state attorney in the circuit in which the petition is filed must be given notice of the petition
at least 3 weeks before the hearing on the matter. The state attorney may present evidence in
opposition to the requested relief or may otherwise demonstrate the reasons why the petition
should be denied. If the court denies the petition, the 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 remove an offarde. 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 offender is no longer required to
comply with the requirements for registration as a sexual offender.
EFTA01719212
(b) As defined in sub-subparagraph (1)(a)1.h. must maintain registration with the department
for the duration of his or her life until the person provides the department with an order issued
by the court that designated the parson as a sexual 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 boon 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 jurisdiction in which the designation was made, and provided
such person no longer moots the criteria for registration as a sexual offender under the laws of
this state.
(12) The Legislature finds that sexual offenders, especially those who have committed offenses
against minors, often pose a high risk of engaging in sexual offenses own 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 effective operation of government.
Releasing information concerning sexual offenders to law enforcement agencies and to persons
who request such information, and the release of such information to the public by a law
enforcement agency or public agency, will further the governmental interests 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.
03) Any person who has reason to believe 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 or her
noncompliance with the requirements of this section:
(a) Withholds information from, or does not notify, the law enforcement agency about the
sexual offender's noncompliance with the requirements of this section, and, if known, the
whereabouts 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 offender; or
(d) Provides information to the law enforcement agency regarding the sexual offender that the
parson knows to bo false information,
commits a felony of the third degree, punishable as provided In s. 775.082 s. 775.063 or s.
775.084.
(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 sexual offender's birth month to
the sheriffs office in the county in which ho or she resides or Is otherwise located to reregister.
(b) However, a sexual offender who is required to register as a result of a conviction for:
1. Section 787.01 or s. 787.02 whore the victim Is a minor and the
LW
is not the victim's
parent or guardian;
EFTA01719213
2. Section 794.011, excluding s. 794.011(10);
3. Section 800.04(4)(b) whore the court finds the offense involved a victim under 12 years of
age or sexual activity by the use of force or coercion;
4. Section 800.04(5)(h);
5. Section 800.04(5)(c)1. where the court finds molestation involving unclothed genitals or
genital area;
6. Section 800.04(5)c.2. whore the court finds molestation involving unclothed genitals or
genital area;
7. Section 800.04(5)(d) where the court finds the use of force or coercion and unclothed
genitals or genital area;
8. 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 sexual offender's birthday and every third
month thereafter.
(c) The sheriffs office may determine the appropriate times and days for reporting by the
sexual offender, which shalt be consistent with the reporting requirements of this subsection.
Reregistration shall include any changes to the following information:
1. Name; social security number; age; race; sex; date of birth; height; weight; hair and eye
color; address of any permanent residence and address of any current temporary residence,
within the state or 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)(d); data and place of any employment; vehicle make, model, color, and license
tag number; fingerprints; and photograph. A post office box shall not be provided in lieu of a
physical residential address.
2. If the sexual offender is enrolled, employed, or carrying on a vocation at an institution of
higher education in this gate, the sexual offender shall also provide to the department the
name, address, and county of oach Institution, including each campus attended, and the sexual
offender's enrollment or employment status.
3. If the sexual offender's place of residence is a motor vehicle, trailer, mobile home, or
manufactured home, as defined in chapter 320, the sexual offender shell 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, or
manufactured home. tf the sexual offender's place of residence is a vessel, live-aboard vessel,
or houseboat, as defined in chapter 327, the sexual offender shall also provide 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.
4. Any sexual offender who fails to report in person as required at the sheriffs office, or who
fails 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
EFTA01719214
instant message names, commits a felony of the third degree, punishable as provided in s.
775.062 s. 775.084, or s. 775.084.
(d) The sheriff's office shall, within 2 working days, electronically submit and update all
information provided by the sexual offender to the department in a manner proscribed by the
department
t
STATE OF FLORIDA • PALM BEACH COUNTY
I hereby certify that the
•
foregoing is a true copy
•
of the reco
in my office. •
LLER
By
DEPUTY CLERK
EFTA01719215
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