Document EFTA 02823700¶
PLEA IN THE CIRCUIT COURT THE FOLLOWING IS TO REFLECT ALL TERMS OF THE NEGOTIATED SETTLEMENT¶
Name: Jeffrey E. Epstein¶
Plea: Guilty X¶
| Case No. | Charge | Count | Lesser | Degree |
|---|---|---|---|---|
| 06CF009454AMB | Felony Solicitation of Prostitution | 1 | No | 3 FEL |
| JD 08CF009381AMB | Procuring Person Under 18 for Prostitution | 1 | No | 2 FEL |
PSI: Waived/Not Required X Required/Requested _____¶
ADJUDICATION: Adjudicate [x ]¶
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. With credit for 1 day sentence On 08CF009381AMB, the Defendant is sentenced to 6 months in the Palm Beach County Detention Facility, with credit for 1 (one) day time served. This 6 month sentence is to be served consecutive to the 12 month sentence in 06CF009454AMB. Following this 6 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 COMMENTS OR CONDITIONS:¶
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.¶
JUN 30 1988¶
[Handwritten signature]¶
- You will remain confined to your residence except one half hour before and after your approved employment, community service work, or any other activities approved by your probation officer. (b You officer will upon maintain an hourly accounting of all your activities on adaily log which you will submit to your supervising request
- (c) The. Community Department Control. of Corrections, may at its discretion, places you on Electronic Monitoring during the term of your private phone If placed on Electronic Monitoring, you will wear amonitor at all times. You will maintain {sup}
ainstructed. The line, be financially responsible for any lost or damaged equipment and follow all rules and regulations as While on electronic telephone monitoring will be you available will within five working days of being placed’ a Electronic Monitoring Program. residential walls. remain confined to your residence and ate prohibited from being outside the . (d) . If while being monitored and the monitor is found to have been tampered with you shall be taken into custody immediately, outside if the officer determines that your were not at your schedules place of work or school while allowed to be held without the residence bond and then in that event you shall be taken into custody immediately. If talc Mhz, custody, you shall be disposition at shall, on the next working day, brought before aJudge presiding her case for further the discretion of the presiding Indy - (e) If placed on Electronic Monitoring you will pay to the State of Florida, for the cos 0 day, per F.S. 948.09. Ironic Monitoring $1.00 per
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6 siElyou shall submit to a mandatory curfew from 10:00 PM to 6:00 AM (if playground, the victim or was other under place the where age of 18-years) you shall not live within 1000 feet of aschool, day care center, park, children regularly congregate.
- (O) particularly you shall enter, actively particiPate iii, and successfully complete {sup}
asex offender treatment program with atherapist trained to treat sex offender, at pro ationer’s or community controlees expense. by ou shall not have any *i t:act:with the victim?irectly or indirectly, including through a third person, unless approved the victim, the therapist and sentencing court. (if program, the victim have was under the age of 18 years) you shall not, until you successfully attend and complete the sex offender court, without any unsupervised contact with achild under the age of 18 years, unless authorized by the sentencing and is approved an by adult present who is responsible for the child’s welfare and which adult has been advised of the crime the sentencing court. ‘f ark, the playground, victim was under the age of 18 years) you shall not work for pay or as avolunteer in any school, day care center, or other place where children regularly congregate… . . frae wn, or posses , you shall not view, electronic media, any obscene, pornographic or sexually stimulating visual or auditory material, including telephone, computer programs or computer services that are relevant to your deviant behavior pattern. ‘You Data shall Bank. submit two specimens of blood to the Florida Department of Law Enforcement to be registered with the DNA- (i) You related shall professional make restitution to the victim as ordered by this court pursuant to F.S. 775.089 for all necessary medical and You services relating to the physical, psychiatric and psychological care of the victim. shall submit to awarrantless search by your probation officer or community control officer of y u person O residence, or vehicle. . •
- (O) particularly you shall enter, actively particiPate iii, and successfully complete {sup}
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(a)
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(b)
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(c) monthly You will basis, submit and to counseling and, unless otherwise waived, be financiall tes efor drug testing, urinalysis at least on {sup}
aif deerried appropriate by you pbrvis g officer. your You will officer. enter and successfully’ complete {sup}anon-secure or g treatment program if deemed appropriate by You will comply with any curfew restrictions, co your officer and approved by the Officer’s Su approved residence or travel restrictions as instructed by
STANDARD CONDITIONS¶
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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 aschool, day care center, park, playground, or other place where children regularly congregate.¶
(c) you shall enter, actively participate in, and successfully complete {sup}asex offender treatment program with atherapist particularly trained to treat sex offender, at probationer’s or community controlees expense.¶
(d) 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.¶
(e) (if the victim was under the age of 18 years) you shall not, until you successfully attend and complete the ser offender …” —N. program, have any unsupervised contact with a child under the age of 18 yearS, 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.¶
(1) (if the victim was under the age of 18 years) you shall not work for pay or as a volunteer in any school, day care center, park, playground, or other place where children regularly congregate.¶
(g) Unless otherwise indicated in the treatment plan provided by the sexual offender treatment program, you shall not view, own, or posses any obscene, pornographic or sexually stimulating visual or auditory materialrificluding telephone, electronic media, computer programs or computer services that are relevant to your deviant behavior pattern. {sup}1 ,(1.O You shall submit two specimens of blood to the Florida Department of 1 ay/ Enforcemanzto be_re• ’ ail with thp nN {sup}A¶
Data Bank. \ (i) You shall make restitution to the victim as ordered by this court pursuant to F.S.775.089 for all necessary medical and ,------… ,I . 7¶
related professional services relating to the physical, psychiatric and psychologkaltare of the victim. -,…Q ---” You shall submit to a warrantless search by your probation officer or comnzunity control officer of your person, residence_or vehicle¶
)then:¶
(IC you s , as part of a treatment program, participate onceltwice ann a11 in polygraph examination to obtain information necessary for risk management and treatment and to reduce your denial mechanisms. Your polygraph examinations must 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 bvised as evidenced in court to prove that a violation of community supervision occurred. …, . . You shall maintain adriving log, you shall not drive fgotor Vehicle while alone without prior approval of your supervising officer.¶
Ri(if there was sexual contact) you shall submit at probationer’s or community controlee’s expense, an MN test with the results to be released to the victim, or the ‘s parents or guardian.¶
You will not obtain or use a Post Office without the prior approval of the supervising officer.¶
{sup}0You will submit to electronic monito n deemed necessary by the community control or probation officer and his or her supervisor, and ordered by 11 cR the recommendation of the Department of Corrections. •¶
THE COURT RESERVES THE RIGHT TO RESCIND, MODIFY, OR REVOKE Sj5riTS19:1 TO NIT PROVIDED BY LAW. DONE AND ORDERED AT West Pala Beach Be Palm Beach County, Florida, this , • Nunc Pro Tunc: Ic2/92005.¶
Honorable Sandra K. MeSittiny Jinige; Circuit Court
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{sup}Ihave received a copy of the terms and conditions of my supervision. I have read and understand these condit.nns 9- .. agree to report to the Department of Corrections Probation Office for further instructions. Also, I hereby consent to the disclosure of my alcohol and drug abuse patient • ds. the confidentiality of which is federally regulated under 42CFR, Part 13, for the duration of my supervision.¶
6/ 3¶
DATE S UCTED BY¶
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 intensive supervision and surveillance for an offender placed into community control, which may include but is not limited to:¶
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- Specified contact with the parole and probation officer.
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- Confinement to an agreed-upon residence during hours away from employment and public service activities.
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- Mandatory public service.
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- Supervision by the Department of Corrections by means of an electronic monitoring device or system.
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- 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:¶
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- Electronic monitoring 24 hours per day.
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- 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 is contingent upon the approval 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 develop and administer a criminal quarantine community 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.¶
‘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), 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. 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, federal 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 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 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, any 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. 787.02, 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. 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-subparagraph; or¶
d. On or after July 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 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);¶
(II) Section 800.04(4)(b) where 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. where the court finds molestation involving unclothed genitals; or¶
(IV) Section 800.04(5)(d) where the court finds the use of force or coercion and unclothed genitals.¶
- For all qualifying offenses listed in sub-subparagraph (1)(a)1.d., the court shall make a written finding of the age 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. 800.04(4), the court shall additionally make a written finding indicating that the offense did or did not involve 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 involve 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 section. Conviction 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 contendere resulting 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 in a state prison, federal prison, private correctional facility, or local detention facility.¶
(c) “Permanent residence” and “temporary residence” have the same meaning ascribed in s. 775.21.¶
(d) “Institution of higher education” means a career center, community college, college, state university, or independent postsecondary institution.¶
(e) “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 in 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 sheriff’s office:¶
- In the county in which the offender establishes or maintains a permanent or temporary residence within 48 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¶
- In the county where 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
control of, or under the supervision of, the Department of Corrections, or is not in the custody 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)(d), after the sexual offender reports in person at the sheriff’s office, shall be accomplished in the manner provided in subsections (4), (7), and (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)(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.¶
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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 sheriff’s office written notice of 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. If 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 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.
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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 sheriff’s 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 sheriff’s 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 sheriff’s office, the sheriff shall 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), a sexual 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 s. 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.¶
(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, any additional information necessary to confirm the identity of the sexual offender, including a set of fingerprints.¶
(4)(a) Each time a sexual offender’s driver’s 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 or temporary residence or change in the offender’s name by reason of marriage or other legal process, the offender shall report in 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 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 provided in this section and ss. 943.043 and 944.606.¶
(b) A sexual 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 sheriff’s office of the county in which he or she is located. The sexual offender shall specify the date upon which he or she intends 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 purpose 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. 775.082, s. 775.083, or s. 775.084.¶
(d) A sexual 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 agencies, 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.¶
(7) A sexual 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 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 in the manner required by this subsection commits a felony of the second degree, punishable as provided in s. 775.082, 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 in s. 775.082, s. 775.083, or s. 775.084.¶
(b) A sexual offender who commits any act or omission in violation of this section may be 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 have 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¶
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 sexual offender fans to report or falsely reports his or her current place of permanent or temporary residence.¶
(11) Except as provided ins. 943.04354, {sup}asexual offender must maintain registration with the department for the duration of his or her life, unless the sexual offender has received a full pardon or has had a conviction set aside in apostcorrviction proceeding for any offense that meets the criteria for classifying the person as a sexual offender for purposes of registration. However, asexual offender: ,”¶
hevoi y, (a)1. Who has been lawfully released from confinement, supervision, or sanction, whit _ it 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. (O {sup}
v* - b. For a violation of s. 794.011, excluding s. 794.011(10); \
- c. For a violation of s. 800.04(4)(b) where the court finds thepetAnsa involved a victim undor {sup}
12years of age or sexual activity by the use of force or coercion, V - e. ..%c i ‘1 For a violation of s. 800.04(5)c.2. where thefte S 1)11the offense involved unclothed genitals or genital area;
- d. For a violation of s. 8a3.04(5)(b);
- f. For arty attempt or conspiracy to comm offense; or
- g. For a violation of similar law Unction,
may petition the criminal division OTltllt6 circuit court of the circuit in which the sexual offender resides for the purpose of removing the requirement for registration as a sexual offender.¶
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The court may grant or deny relief if the offender demonstrates to the court that he or th{sup}
ehas not 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 arty other federal standards applicable to the removal of registration requirements for a sexual offender or required to be mot as a condition for the receipt of federal funds by the state; and the court is otherwise satisfied that the offender is not a current or potential threat to public safety. I he state attorney in the circuit in which the petition is filed must be given notice of the petition at least 3 weeps 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. -
The department shall remove an offender from classification as a sexual offender for purposes of registration if the offender provides to the department acertified copy of the courts written findings or order that indicates that the offender is no longer required to comply with the requirements for registration as a sexual offender.
(b) As defined in sub-subparagraph (1)(a)1.b. 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 person 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 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 jurisdiction 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 have 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 have 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.¶
(13) 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 person knows to be false information,¶
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.¶
(14)(a) A sexual 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 sheriff’s office in the county in which he 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:¶
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Section 787.01 or s. 787.02 where the victim is a minor and the offender is not the victim’s parent or guardian;
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Section 794.011, excluding s. 794.011(10);
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Section 500.04(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;
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Section 800.04(5)(b);
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Section 800.04(5)(c)1. where the cart finds molestation involving unclothed genitals or genital area;
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Section 800.04(51c.2. whore the court finds molestation involving unclothed genitals or genital area;
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Section 800.04(5)(d) whore the court finds the use of force or coercion and unclothed genitals or genital area;
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Any attempt or conspiracy to commit such offense; or
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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. ‘1’¶
(c) The sheriffs office may determine the appropnate times and days for reporting by the sexual offender, which shall be consistent with the reporting requirements of this subsection. Reregistration shall include any changes to the following information:¶
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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 arural 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 any employment; vehicle make, model, color, and license tag number; fingerprints; and photograph. A post office box shall not be provided in lieu of {sup}
aphysical residential address. -
It 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 each institution, including each campus attended, and the sexual offender’s enrollment or employment status.
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if the sexual offenders place of residence is a motor vehicle, trailer, mobilo home, or manufactured home, as defined in chapter 320, the sexual offender shall also provide the vehicle identification number; the license tag number; the registration number; and {sup}
adescription, including color scheme, of the motor vehicle, trailer, mobile home, or manufaciared home. If 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 inanufacturer’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. -
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 {sup}
3weeks of the date of the correspondence or who fads to roport electronic mail addresses or
instant message names, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, 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.¶
NOT A CERTIFIED COPY¶