IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 50-2009CA040800XXXXMBAG JEFFREY EPSTEIN, Plaintiff/Counter-Defendant, v. SCOTT ROTHSTEIN individually, and J. , individually, Defendants/Counter-Plaintiff. # PLAINTIFF/COUNTER-DEFENDANT JEFFREY S NOTICE OF FILING DOCUMENTS PRESENTED TO COURT AT R 5, 2017, HEARING Plaintiff/Counter-Defendant, Jeffrey Epste. ("NO), hereby gives notice of the filing of the following documents that were presen o ,Court at the December 5, 2017, hearing: - 1. In re Investigation of September 24, 2007, Non-Prosecution Agreement; October 29, 2007, A nd December 7, 2007, Affirmation (Exhibit A); and - 2. Jeffrey E. Epste e 30, 2008, Plea (Exhibit B). # CERTIFICATE OF SERVICE I certify that the foregoing document has been furnished to the attorneys listed on the Service List below on December 6, 2017, through the Court's e-filing portal pursuant to Florida Rule of Judicial Administration 2.516(bX1). > LINK & ROCKENBACH, PA 1555 Palm Beach Lakes Boulevard, Suite 301 West Palm Beach, Florida 33401 (561) 727-3600; (561) 727-3601 [fax] By. Is/ Scott J. Link Scott J. Link (FBN 60299 Kara Berard Rockenbac 44903) Angela M. Many ,Fr2 Primary: Scott®lin ockljtw.com Primary: Ka tlinkrocklaw.com Primary: Second Seco Eservice(alinkrocklaw.com (S•S1 E r Co unsel fo r Plaintiff7Counter-Defendant law ffrey Epstein s Gs' # SERVICE LIST |

Jack Scarola
Searcy, Denny, Scarola, Barnhart & Shipley, P.A.
2139 Palm Beach Lakes Boulevard
West Palm Beach, FL 33409
mep@searcylaw.com
jsx@searcylaw.com
scarolateam@searcylaw.com

Co-Counsel for Defendant/Counter-Plaintiff
J. [REDACTED]

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Nichole J. Segal
Burlington & Rockenbach, P.A.
Courthouse Commons, Suite 350
444 West Railroad Avenue
West Palm Beach, FL 33401
njs@FLAppellateLaw.com
kbt@FLAppellateLaw.com

Co-Counsel for Defendant/Counter-Plaintiff
J. [REDACTED]

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J. [REDACTED]
Pottinger LLC
425 N. Andrews Avenue, Suite 2
Fort Lauderdale, FL 33301-3268
brad@epllc.com
staff.efile@pathtojustice.com

Co-Counsel for Defendant/Counter-Plaintiff
J. [REDACTED]

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Marc S. Nurik
Law Offices of Marc S. Nurik
One E. Broward Boulevard, Suite 700
Ft. Lauderdale, FL 33301
marc@nuriklaw.com

Counsel for Defendant Scott Rothstein

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Jack A. Goldberger
Atterbury, Goldberger & Weiss, P.A.
250 Australian Avenue S., Suite 1400
West Palm Beach, FL 33401
jgoldberger@agwpa.com
smahoney@agwpa.com

Co-Counsel for Plaintiff/Counter-Defendant
Jeffrey Epstein

| | +6s # EXHIBIT A NOT A CERTIFIED COPY -• • 4 f IN RE: INVESTIGATION OF JEFFREY EPSTEIN # NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein by indictment with solicitation of prostitution, in violation of Florida Statutes Section 796.07; t,\\2 IT APPEARING that the United States Attorney's Office and the Fetal Bureau of Investigation have conducted their own investigation into Epstein's background end any offenses that may have been committed by Epstein against the United States from in or around 2001 through in or around September 2007, including: - (I) knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation ofTitle18,United States Code, Section 371; - (2) knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females, in violation of Title IS, United States Code, Section 2423(b); all in violation of Title 18, United States ACode, Section 2423(e); ing a facility or means of interstate or foreign commerce to knowingly - persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2; - (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(1), with minor females; in violation of Title 18, United States Code, Section 2423(b); and - (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, knowing that the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(c)(1); in violation of Title 18, United States Code, Sections 1591(a)(1) and 2; and IT APPEARING that Epstein seeks to resolve globally his state and federal criminal liability and Epstein understands and acknowledges that, in exchange for the benefits provided by this agreement, he agrees to comply with its terms, including undertaking certain actions with the State Attorney's Office; IT APPEARING, after an investigation of the offenses and Thisteirt'simckground by both State and Federal law enforcement agencies, and after due consultation with the State Attorney's Office, that the interests of the United States, tht Stitt of Florida, and the Defendant will be served by the following procedurq THEREFORE, on the authority of R. A lexandeM United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. If the United States Attorney should determine, based on reliable evidence, that, during the period of the Agreement, Epstein willfully violated any of the conditions of this Agreement, then the United States Attorney may, within ninety (90) days following the expiration of the term of home confinement discussed below, provide Epstein with timely notice specifying the condition(s) of the Agreement that he hes violated, and shall initiate its prosecution on any offense within sixty (60) days' of giving notice of the violation. Any notice provided to Epstein pursuant to this paragraph shall be provided within 60 days of the United States learning of facts which may provide a basis for a determination of a breach of the Agreement. t r• After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that arose from the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein ifany, will be dismisscd. ## Terms of the Agreement: - 1. Epstein shall plead guilty (not nolo contendere) to the Indictment as currently pending against him in the 15th Judicial Circuit in and for Palm Beach County (Case No. 2006-cf-009495AXXXM13) charging one (I) count of solicitation of prostitution, in violation of Fl. Stat. § 796.07. In addition, Epstein shall plead guilty to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, in violation of Florida Statutes Section 796.03; s, - 2. Epstein shall make a binding recommendation that tlu court impose a thirty (30) month sentence to be divided as folio - (a) Epstein shall be sentenced to consecutive terms of twelve (12) months and six (6) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and - (b) Epstein shall be sentenced to a term of twelve (12) months of community control consecutive to his two terms in county jail as described in Term 2(a), supra. - 3. This agreement is contingent upon a Judge of the 15th Judicial Circuit accepting and executing the sentence agreed upon between the State Attorney's Office and Epstein, the details of which arc set forth in this agreement. The terms contained in paragraphs 1 and 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional charge(s) or any additional term(s) of probation and/or incarceration. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence, except a sentence that exceeds what is set forth in paragraph (2), supra. - 6. Epstein shall provide to the U.S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior to entering into those agreements. - 7. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, rifler Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States, in consultation with and subject to the good faith approval of Epstein's counsel, shall select an attorney representative for thesepersons, who shall be paid for by Epstein. Epstein's counsel may contact the identified individuals through that representative. —4, L aw - 8. If any 'of the individuals referred to in paragraph (7), supra, elects to file suit pursuant to 18 U.S.C. § 2255; Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified individual and Epstein, so long as the identified individual elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or ilizitIffbIlity. - 9. Epstein's signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. Except as to those individuals who elect to proceed exclusively under 18 U.S.C. § 2255, as set forth in paragraph (8), supra, neither Epstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein arc to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States. - 11. Epstein shall use his best efforts to enter his guilty plea and be sentenced not later than October 26, 2007. The United States has no objection to Epstein self-reporting to begin serving his sentence not later than January 4, 2008. 1. 12. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the rights, opportunities, and benefits as any other inmate, including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the United States' request, Epstein agrees to provide an accounting of the gain time he earned during his period of incarceration. 1. 13. The parties anticipate that this agreement will not be made part of any public record. If the United States receives a Freedom of Information Act request or any compulsory process commanding the disclosure of the agreement, it will provide notice to Epstein before making that disclosure. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement. Epstein understands that it is his obligation to undertake discussions with the State Attorney's Office and to use his best efforts to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' interest. Epstein also understands that it is his obligation to use his best efforts to convince the Judge of the 15th Judicial Circuit to accept Epstein's binding recommendation regarding the sentence to be imposed, and understands that the failure to do so will be a breach of the agreement. In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any criminal charges against any potential co-conspirators of Epstein, including but not limited to [redacted], Adriana Ross, Lesley Groff, or [redacted]. Further, upon execution of this agreement and a plea agreement with the State Attorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any term of this agreement. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, specifically evidence requested by or directly related to the grand jury subpoenas that have been issued, and including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. Upon the successful completion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District of Florida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement as to those offenses that were the subject of the grand jury's investigation. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted for any offense that was the subject of the grand jury's investigation, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury as to any such offense. /// /// /// t By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non-Prosecution Agreement and agrees to comply with them. > R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: Dated: Dated: Dated: A. VILLAFAgA ASSISTANT U.S. ATTORNEY GERALD LEFCOURT, ESQ. NCOUNSEL TO JEFFREY EPSTEIN LILLY ANN, ESQ. ATTORNEY POR FFREY EPSTEIN It By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non-Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA\ UNITED STATES ATTORNEY Dated: \_\_\_\_\_ By: A. [REDACTED] VILLAFAÑA\ ASSISTANT U.S. ATTORNEY Dated: \_\_\_\_\_ \_\_\_\_\_\ JEFFREY EPSTEIN Dated: 9/24/07 ![](<>)Dated: \_\_\_\_\_ LILLY ANN [REDACTED], ESQ.\ ATTORNEY FOR JEFFREY EPSTEIN By signing this agreement, Epstein asserts and certifies that the above has been read and explained to hint. Epstein hereby states that he understands the conditions of this Non-Prosecution Agreement and agrees to comply with them. > R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: Dated: Dated: Dated:q—A14- 0? — JEFFREY EPSTEIN GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN ESQ. ATTORNEY FOR JEFFREY EPSTEIN IN RE: **INVESTIGATION OF** **JEFFREY EPSTEIN** **ADDENDUM TO THE NON-PROSECUTION AGREEMENT** IT APPEARING that the parties seek to clarify certain provisions of page 4, paragraph 7 of the Non-Prosecution Agreement (hereinafter "paragraph 7"), that agreement is modified as follows: 1. 7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. 1. 7B. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph C, infra. 1. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in s 2255 to bear the costs of the attorney representative, shall cease. By signing this Addendum. Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby, =MS that he understands the clarifications to the Non-Prosecution Agreement and agrees to comply with than. > It ALEXANDER ACOSTA UND ht) STATES ATTORNEY Dated: By: Dated: Dated: Dated: AS U.S. ATTORNEY COUNSEL TO JEFFREY EPSTEIN \_4g LILLY ANN ATTORNEY EPSTEIN C A. VILLAPANA GERALD LEFCOURT, ESQ. By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the Non-Prosecution Agreement and agrees to comply with them. > R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: Dated: Dated: Dated: Er• A.= VILIAFARA ASSISTANT V.S. ATTOR / 61 JEFFREY EPSTEIN D LEFCOGRT ESQ. ( S A14/ ,UNSEL TO JEF Y EPSTEIN ATTORNEY FOR JEFFREY EPSTEIN LILLY ANN ESQ. By signing this Addendum, Epstein asserts and certifiers that the above has been cud and explained to him. Epstein hereby states that he understands the clarifications to Me Non-Prosecution Agreement and agrees to comply with than. Datml: Dated: Dated: Data!: Yt\_\_\_113' R. ALEXANDER ACOSTA UNITED STATES ATTORNEY VILLAF ASSISTANT U.S. ATTORN JEFFREY EPSTEIN GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN LILLY AN ANCHEZ, ES Q: ATTORNEY FOR JEFFREY BPS7EIN Affirmation I, Jeffrey B. Epstein do hereby re-affirm the Non-Prosecution Agreement and Addendum to same dated October 30, 2007. ![](<>)![](<>)NOTA CERTIFIED COPY # EXHIBIT B NOT A CERTIFIED COPY **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 | | 08CF009381AMB | Procuring Person Under 18 for Prostitution | 1 | No | 2 FEL | PSI: Waived/Not Required X Required/Requested \_\_\_\_\_ ADJUDICATION: Adjudicate [x ] **SENTENCE:** ■ 06CF009454AMB, the Defendant is sentenced to 12 months in the Palm Beach County Detention Facility, with credit for 1 (one) day time served. On 08CF009381AMB, the Defendant is sentenced to 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. Assistant State Attorney Date of Plea Attorney for the Defendant Defendant 948.101 Terms and conditions of consmusilty 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 requiro oral pronouncement at the time of sentencing and may bo considered standard conditions of community contact. (a) Tha court shall require literals\* 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 employmont 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 ins. 948.03. (b) For an offender placed on criminal quarantino communi'control, the court Celt require: - 1. Floctionic monitoring 24 hours per day. - 2. Confinement to a designated residence dtai gna hours. (2) The enumeration of specific kinds of terms mn4Zlinditions 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 commuMty 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 mafplace a defendant who is being sentenced for criminal transmission of HIV in violation of s. 775.0877 on criminal quarantinecommunity control. The Department of Corrections shall develop and administer a criminal quarantine community control program emphasizing intensive supervision with 24-hour-pareciay 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. 1943.0435 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; (IV) Suction re/D.04(5)(cl) where the court finds the use of force or coercion and unclothed genitals. 2. for all qualifying offonses listed in sub-subparagraph (1)(a)l.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. 800.04(4), the court shall additionally make a writton finding indicating that the offense did or did hot invalvo sexual activity and indicating that the offense did or did not invoke) force or coercion. For a violation of s. e00.04(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 envies the use of force or coercion. (b) "Convicted\* moans that there hors boon a determination of guilt re 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 offerree includes, but is not limited to, a conviction by a federal or military tribunal, includirg courts-martial conducted by the Armed Forces of the United States, and includes a conviction or entry of a plea of guilty or note contests 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, wield release, or incarceration in a state prison, federal prison, private correctional. facility, or local detention fa:fifty. (c) 'Permanent resides-co' and "temporary residence" ilv the sane, meaning ascribed in s. 775.21. (d) -institution of higher education" means a career centre, community collage, college, state unieerejty, or independent postsecondary institution. (e) "Change in enrollment or employment status' mearc the commencement or termination of onrcebnorece employment via chaege ire loation of ontreireeet or erne:ego:et. (f) 'Electronic mail addressnes t same meaning as provided in s. 668.602. {g) 'instant message name moans an identifier that allows a person to communicate in real tine with another person using the Internet. (2) A sexual offender shale (a) Report in person at the sheriffs office: 1. in the county in which the offender establishes or maintains a pecmwnnt or temporary residerco within 4t heirs after: a. .Establishine permanent or temporary residence in this state; or b. Being roe:based from tho custody, control, or supervision of the Department of Corrections or from the custody of a private correctional facility; or 2, In the county where ho or she was convicted within 48 hours after being corrected 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. 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 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. 1. 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 fails to report or falsely reports his or her current place of permanent or temporary residence. (11) Except as provided in s. 943.04354, a sexual 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 a postconviction proceeding for any offense that meets the criteria for classifying the person 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. 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 the offense involved a victim under 12 years of age or sexual activity by the use of force or coercion; - d. For a violation of s. 800.04(5)(b); - e. For a violation of s. 800.04(5)(c).2. where 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 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 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 current or potential threat to public safety. The 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 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. 1. The department shall 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 offender is no longer required to comply with the requirements for registration as a sexual offender. ![](<>)(b) As defined in sub-subparagraph (1)(a)l.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 iSseed which states that such designation has been removed or demonstrates to the department that such designation, if not imposed by a court, has boon 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 moats 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 olive:A:Re is a paramount government interest. CnYI kal 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 OftetrtiierStO 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 interest of public snfoty. The designation of a parson 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 Wei sal offender to question the sexual offender about, or to arrest the sexual offender for, his or her nontempliancoevith 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; p14/ 7 (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 concord, the sexual offender; or (d) Provides information to the law enforcement agency regarding the sexual offerxier that the person knows to be false information, commits a felony of the third degree, punishable as provided ins. 775.062, s. 775,063, or s. 778.084 (14)(a) A soXleat 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 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: 1. Section 787.01 or s. 787.02 whore the victim is a minor and theoffendec is not the victim's parent or guardian; • .•:44, •:: s.: ;•ts . • •,t2r:s.l. ' • • • • • . • • 2. Section 794.011 excluding s. 794.011(10); 1. Section 800.04(4)(b) whore the court finds the offense involved a victim under 12 years of ago or sexual activity by the use of force or coercion; 1. Section 800.04(5)(b);. 1. Section 800.04(5)(c)1. where the court finds mobistation involving unclothed genitals or genital area;. 1. Section 800.04(5)c.2. whore the court finds molestation inv.:king unclothed genitals or genital area; 1. Section 800.04(5)(d) whore the court finds the use of force or coercion and unelot genitals or genital area; 1. Any attempt or conspiracy to commit such offense; or 1. A violation of a similar law of another jurisdiction, c must reregister each year during the month of the sexual of fencler's V ay and wary third ,fr.' • month thereafter. (c) the sheriffs office may determine the appropriate times and days for repotting by the sexual offenderaxtrich shall be consistent with tho reporting requirements of this subsection: Roregistration ainclude any changtc to the following information: 1. Name; social security number; age; race; sex; date of birth; height; woight; 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 Paregrech (4)(d); date and plate of any employment; vehicle make, modM, color, and license tag number; fingerprints; and photograph. A post office box tall not bo provided Lieu of a PhYtical residential address, 1. If the sexual offender is arolled, employed, or carrying on a vocation at an institution of higher education in this state, the sexual offender shall also provide to the department the name, address, a county of each institution, including each campus attended, and the sexual offender's onro or employment status. 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 the, %abide identification number; the license tag number; the registration number; and a n as description, including color scheme, of the motor ',chide, trailer, mobile home, or • . 'lie. 47:9:;" • manufactured home. If the sexual offender's place of residence is a vessel, live-aboard sreistei ' or houseboat, aslifined in chapter 327, the sexual offender shall also provide the hull •••• si 4•• identification number; the manufacturer's serial number; the name of the wyzol, live-aboard . ; • . vasug, or houseboat; the registration number; and a description, imitating color scheme, of • the Vessel, live-aboard vessel or houseboat. • t . 'IX. • 4. Any sexual offender who fails to report in person as required at the sheriffs office, or who falls to respond to any address verification correspondence from the department within 3 weeks of the data of the correspondence or who fails to report electronic mail addresses or