Fed Express 8668 3188 6107

Fed Express 8668 3188 6107 Dt"-ziti-411.3 =etc= pszteA-A4.e ComPINUSIMJAIR ATTY OrCiSn DE FLA AMMSS 500 S AUSTRAI TAN AVP P1 s Packaging raWEST PALM FIFACH silts Pi ZIP "4.34101-4,nn3 Fedex P. Fide' ❑ Err/elope namniase baba Fed& Sox MIN Lira a mot Istaaanas Your Internal Billing Reference Run ratan Nel WW1,' coa T. N.R•tara goo aws),(DS goateturAFF0 Lum_iscarsi_r *23 N. ANINZENS Avg-Ws ant nano Mau Pafla DoNladanats 1A%-1.585 -7 0215 4a Express Package Service -- O itegu...P."4:74tr XV,EKSI•••,rdeventiem kusanDanCyn, S▪ o WPM/ ?limn 4 Wad Phone TSCei I 200°11, 047 ❑ ufsitt.L.:.=zr ❑ rldetiet:21San, Mat Waal Nis, Sea agars' Ma lam Papa —I 46 bprens Freight Seriice ❑frietteeliLagLeig ❑Leititi0n s„, restiltatVg= •CiIIINOmaaca laalealainsi• SOR12 hasp* oP to f5Oft't — Eaai. rdeFro Overnight oc tateana — ann. damn N Oum n ran ma nt n • Cs nom nanny ;Nick:gnaw, I St 7 gis 30. 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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 XSenber ❑ Reejrairt O Tried Petty 0 Credit Card 0 CoelYtTnecli al Mad Pl= 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) [email protected] 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 [email protected] /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) aF9. 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 residence 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. ors. 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 ors. 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