EFTA00175521

Case 9:08-cv-.. ...44-KAM 
Document . 
Enters. 
FLSD Docket 08/18h.. 
Page 5 of 11 
F.2d 1433, 1440-41 (11th Cir. 1983)). This protects a plaintiff's right to select the forum 
of his lawsuit and the manner in which to prosecute the suit, and avoids exposing the 
plaintiff to the possibility of prosecuting the suit to conclusion only to learn the federal 
court lacked jurisdiction on removal. Id. (citing Parks'. The New York Times Co., 308 
F.2d 474, 478 (5th Cir.1962); Cowan Iron Works, Inc.'. Phillips Constr. Co., Inc., 507 
F.Supp. 740, 744 (S.D. Ga. 1981)). 
Here, Defendants argue that removal is proper because Plaintiff cannot state a 
cause of action against Defendant 
under Florida law. Viewing the allegations of 
the amended complaint in the light most favorable to Plaintiff, it is clear that there is at 
least a possibility that Plaintiff can recover against Defendant 
under Florida law 
for each of the counts in the amended complaint—civil conspiracy, intentional infliction 
of emotional distress, and civil RICO. Joinder of Defendant 
in this action was 
therefore proper, which requires remand of this action to Florida state court. 
a. 
Plaintiff has a cognizable cause of action for civil conspiracy against 
Defendant 
"The elements of a civil conspiracy arc: (a) a conspiracy between two or more 
parties, (b) to do an unlawful act or to do a lawful act by unlawful means, (c) the doing of 
some overt act in pursuance of the conspiracy, and (d) damage to plaintiff as a result of 
the acts performed pursuant to the conspiracy." Walters'. Blankenship, 931 So. 2d 137, 
140 (Ha. 5th DCA 2006) (citing Florida Fern Growers Ass'n, Inc.'. Concerned Citizens 
of Putnam County, 616 So. 2d 562 (Fla. 5th DCA 1993)). As Defendants point out, there 
muse be an "actionable underlying tort or wrong" for an actionable conspiracy claim. 
Wright' Yurko, 446 So. 2d 1 162, 1165 (Fla. 5th DCA 1984). 
5 
EFTA00175561

Case 9:08-cv-„..../4-KAM 
Document . 
FLSD Docket 08/18tz.. _s 
Page 6 of 11 
Plaintiff has grounded her conspiracy claim on the tort of sexual assault alleged in 
Count I of her amended complaint. In this count, Plaintiff alleges that Defendant Epstein 
!odiously assaulted her and states that the assault was committed in violation of Chapter 
800 of the Florida Statutes. (Amended Complaint ¶¶ 17-18, DE I, pp. 304-05). Under 
Florida law, sexual assault is an intentional tort. See Doe'. Celebrity Cruises, Inc., 394 
F.3d 891, 917 (11th Cir. 2004) ("Florida law equates sexual battery with an intentional 
tort."). This is true regardless of whether Defendant Epstein's violation of Chapter 800 
of the Florida Statutes also creates a private right of action, which is a matter of first 
impression in Florida. 
Thus, Plaintiff has a cognizable cause of action for civil 
conspiracy against Defendant 
b. 
Plaintiff has a cognizable cause of action for intentional infliction of 
emotional distress against Defendant 
"The elements of the tort of intentional infliction of emotional distress arc: (1) 
The wrongdoer's conduct was intentional or reckless, that is, he intended his behavior 
when he knew or should have known that emotional distress would likely result; (2) the 
conduct was outrageous, that is, as to go beyond all bounds of decency, and to be 
regarded as odious and utterly intolerable in a civilized community; (3) the conduct 
caused emotion[al] distress; and (4) the emotional distress was severe." Gallogly 
Rodriguez, 970 So. 2d 470, 471 (Fla. 2d DCA 2007) (citing LeGrandel Emmanuel, 889 
So. 2d 991, 994-95 (Fla. 3d DCA 2004)). 
I Jere, Plaintiff has alleged that Defendant 
used false pretenses to lure her 
(a 14-year old girl) to the mansion of Defendant Epstein and physically took her to 
Epstein so that he could subject her to sexual abuse and lewd behavior. Defendant 
6 
EFTA00175562

Case 9:08-cv- . .,34-KAM 
Document 
Entere.. 
FLSD Docket 08/18,-. s 
Page 7 of 11 
recruited Plaintiff, as she had done numerous others, under the belief that 
Plaintiff was economically disadvantaged and would be unlikely to contact authorities 
after being sexually assaulted and abused by Defendant Epstein. Defendant 
was 
paid by Defendant Epstein only after the sexual assault and abuse were completed. And, 
Defendant 
knew that Plaintiff would be severely emotionally traumatized after 
the abuse. (Amended Complaint 13 9, II, 15, 24-28, DE 1, pp. 302-03, 304, 306). These 
allegations are enough to demonstrate Plaintiff has a cognizable cause of action for 
intentional infliction of emotional distress against Defendant 
because they 
amount to conduct that would be viewed as outrageous by any reasonable person. 
Defendants argue that Plaintiff is barred from recovering for intentional infliction 
of emotional distress under Florida law because she went to Defendant Epstein's home 
with the intent to give him a massage for monetary compensation when it is a crime (a 
misdemeanor), under section 480.047, Florida Statutes, to practice massage without a 
license. They claim Plaintiff cannot "recover damages flowing from her own illegal 
conduct." (Notice of Removal, DE I, p. 16). 
First, Plaintiff's damages do not flow from her conduct in giving Defendant 
Epstein a massage without a license. Defendants Epstein, 
and 
engaged in 
a scheme to lure underage girls to Epstein's mansion in order for Epstein to sexually 
abuse them. Plaintiff's damages resulting from Defendants making her a victim to their 
intentional, outrageous, and criminal conduct in no way flow from her decision as a 14-
year old girl to make some extra money by giving a massage. 
Furthermore, it is not a universal rule in Florida that any Plaintiff engaged in any 
criminal action, no matter how trivial, is barred from recovering damages suffered in 
7 
EFTA00175563

Case 9:08-cv 
A-KAM 
Document 
Enter€ . FLSD Docket 08/181,_ 
a 
Page 8 of 11 
connection with that conduct. "The defense of in pari delicto is not woodenly applied in 
every case where illegality appears somewhere in the transaction; since the principle is 
founded on public policy, it may give way to a supervening public policy." Kullal. 
Hutton & Co., Inc., 426 So. 2d 1055, 1057 n. I (Fla. 3d DCA 1983). "'The fundamental 
purpose of the rule must always be kept in mind, and the realities of the situation must be 
considered. Where, by applying the rule, the public cannot be protected because the 
transaction has been completed, where no serious moral turpitude is involved, where the 
defendant is the one guilty of the greatest moral fault, and where to apply the rule will be 
to permit the defendant to be unjustly enriched at the expense of the plaintiff, the rule 
should not be applied." It (quoting Goldberg'. Sanglier, 96 Wash.2d 874, 639 P.2d 
1347, 1353-54 (1982)). The fact that Florida law gives the trial court the discretion to 
apply the doctrine of in pari delicto, considering that all ambiguities must be resolved in 
favor of Plaintiff, does not take away from the fact that Plaintiff has a cognizable cause of 
action for intentional infliction of emotional distress against Defendant 
c. 
Plaintiff has a cognizable cause of action for civil RICO against Defendant 
Finally, Defendants argue that Plaintiff does not have a cognizable cause of action 
for civil RICO under section 772.104, Florida Statutes, because she was not directly 
injured by the Defendants' scheme. In Count IV of the amended complaint, Plaintiff 
alleges that Defendants engaged in a pattern of criminal activity in which Defendant 
found and delivered underage girls to Defendant Epstein in order for Epstein to 
"solicit, induce, coerce, entice, compel or force such girls to engage in acts of prostitution 
and/or lewdness." (Amended Complaint ¶ 32, DE I, p. 307). She also alleges that she 
8 
EFTA00175564

Case 9:08-cv:„_fil-KAM 
Document . 
Entere, 
FLSD Docket 08/18L _ 
J 
Page 9 of 11 
was a victim of Defendants' scheme because she was one of the underage girls found and 
delivered to Defendant Epstein by Defendant 
and that she endured Epstein's 
actions as he tried to get her to engage in, and forced upon her, acts of prostitution and 
lewdness. (Amended Complaint ¶ 33, DE I, pp. 307-308). Plaintiff, who was a victim of 
Defendants' scheme, was directly harmed by the scheme and it is damages for this harm 
that she seeks in Count IV of the amended complaint. cf. Palmas Y Bambu, S.A.I. 
Dupont De Nemours & Co., Inc., 881 So. 2d 565, 570 (Fla. 3d DCA 2004) (holding 
plaintiff has standing to sue for civil RICO when her injuries flow directly from 
commission of the predicate acts, which means "when the alleged predicate act is mail or 
wire fraud, the plaintiff must have been a target of the scheme to defraud and must have 
relied to his detriment on misrepresentations made in furtherance of that scheme"). 
Because Plaintiff was a target of Defendants' scheme and was harmed by their actions in 
carrying out the scheme, Plaintiff has a cognizable cause of action for civil RICO against 
Defendant 
CONCLUSION 
Plaintiff has cognizable causes of against Defendant 
, a Florida citizen, for 
civil conspiracy, intentional infliction of emotional distress, and civil RICO. Because 
Plaintiff has a possibility of recovering against Defendant 
under her amended 
complaint, Defendants have failed to meet their burden of demonstrating that 
was 
fraudulently joined in this action. As the parties lack complete diversity of citizenship, 
the Court lacks subject matter jurisdiction over this matter and should remand this case to 
Florida state court. 
9 
EFTA00175565

Case 9:08-cv-i_ . A-KAM 
Document • 
Enteret. ... .:LSD Docket 08/18/2, _ 
Page 10 of 11 
CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1.A.3 
On August 18, counsel for Plaintiff conferred with counsel for the Defendants in a 
good faith effort to resolve the issues raised in this motion, but was unable to do so. 
sl Spencer T. Kuvin 
Spencer T. Kuvin (Florida Bar Number 089737) 
Certificate of Services 
I hereby certify that on August 18, 2008, I electronically filed the foregoing 
document with the Clerk of the Court using CM/ECF. I also certify that the foregoing 
document is being served on August 18, 2008, on all counsel of record or pro se parties 
identified on the attached Service List in the manner specified, via transmission of 
Notices of Electronic Filing generated by CM/ECF. 
sl Spencer T Kuvin 
Spencer T. Kuvin (Florida Bar Number 089737) 
Attorney E-Mail Address: 
RICCI—LEOPOLD, P.A. 
2925 PGA Blvd. 
Suite 200 
Palm Beach Gardens. FL 33410 
Telephone: 
Facsimile: 
Counsel for Plaintiff Jane Doe 
10 
EFTA00175566

Case 9:08-cv-‘_ov4-KAM 
Document . . 
Enterer ,.. .-LSD Docket 08/18/2 
Page 11 of 11 
SERVICE LIST 
Doe'. Epstein, et. al. 
CASE NO: 08-80804-Civ-MARRA/JOHNSON 
United States District Court, Southern District of Florida 
Guy Alan Lewis.
Email: 
Lewis Tein 
3059 Grand Avenue, Suite 340 
Coconut Grove. FL 33133 
Phone: 
Fax: 
Counsel for Jeffrey Epstein 
Served via CM/ECF 
Michael R. Tein 
. 
Email: 
Lewis Tein 
3059 Grand Avenue, Suite 340 
Coconut Grove, FL 33133 
Phone: 
Fax: 
Counsel for Jeffrey Epstein 
Served via CM/ECF 
11 
EFTA00175567

Case 
Docum 
_ 
FLSD Docket 08/1b,,...../8 
Page 1 of 21 
IN THE CIRI 
COURT OF THE FIFTEENTH JUD 'IAt CIRCUIT, 
IN AND FOR PALM BEACH COUNTY, FLORIDA 
SENTENCE 
(As to Count(s) 
Defendant  
6q  ≤'kin 
Case Numbg)
OBTS Number 
The 
a 1, 
ng personally b 
is Court, accompanied by the defendant's attorney of record, 
 
, and having been adjudicated guilty herein, and the Court having given 
eif 
the Defendant an opportun y to be heard and to offer matters in mitigation of sentence, and to show cause why 
defendant should not be sentenced as provided by law, and no cause being shown, 
IT IS THE SENTENCE OF THE COUpihat: 
The Defendant pay a fine of $ 
pursuant to § 
 Florida Statutes, plus all costs and additional 
charges as outlined in the Order assessing additional charges, costs and fines as set forth in a separate order entered 
herein 
The Defendant isliereby committed to the custody of the 
) Department of Corrections 
heriff of Palm Beach County, Florida 
tctiliyitment f orrections as a youthful offender 
for a term of 
. It is further ordered that the Defendant shall be allowed a 
total of  
days as credit for time incarcerated prior'to imposition of this sentrit _IkistArther ordered that 
the composite term of all sentences imposed for the counts specified in the order shall rum' • 
•
:r 
j consecutive to ( concurrent with (check one) the following: 
:•.! nent
[ 1 
Any active sentence being served. 
JUN 3 0 2O3 
[ I 
Specific sentences: 
In the event the above sentence is to the Department of Correctiens, the Sheriff of Palth Beach County, Plerida is 
hereby ordered and directed to deliver the Defendant to the Department of Correction4 togetheeiwitliateleY of the 
Judgment and Sentence, and any other documents specified by Florida Statute. Additionally, pursuant to §947.16(4), 
Flcirida Statutes, the Court retains jurisdiction over the Defendant. 
1 
Pursuant to §§322.055, 322.056, 322.26, 322.274, Fla. Stat., the Department of Highway Safety and Motor 
Vehicles is directed to revoke the Defendant's privilege to drive. The Clerk of the Court is Ordered to report 
the conviction and revocation to the Department of Highway Safety and Motor Vehicles. 
The defendant in Open Court was advised of the right to appeal from this Sentence by filing notice of appeal within 
thirty days from this date with the Clerk of the Court. The Defendant was also advised of the right to the assistance of 
counsel in taking said appeal at the expense of the State upon showing of indigency. 
DONE ND ORDERED in 
en Court at West Palm Beach, Palm Beach County, Florida this a :day of 
, 200 
iin% 
1 
Form Circuit 5 (rev 8/2000) 
/ 
rf ITT 
IPT 
trItr: 
EFTA00175568

Case 9:08-cv-L. 
..4-KAM 
D c 
nt . 
. 
Enter. . ,o FLSD Dom.. 
08/16,_ A 
Page 2 of 21 
STATE OF FLORIDA 
IN TH 
L DIVISION OF THE CIRCUIT 
COUR 
FIFTEENTH JUDICIAL CIRCUIT, 
VS. 
IN AND FO 
"Zie9;t- eFike,, \• 
I. DEFENDANT: 
2. DEFENDANT: 
3. DEFENDANT: 
4. DEFENDANT: 
5. DEPENDANT: 
6. DEFENDANT: 
7. DEFENDANT: 
8. DEFENDANT: 
9. DEFENDANT: 
CASE NUMBE 
PLEA IN THE CIRCUIT COURT 
I am the defendant in the above-mentioned matter(s). and I am represented by the attorney indicated below. I 
understand I have the right to be represented by an attorney at all stages of the proceeding until the case is tennin 
and if I cannot afford an attorney, one will be appointed free of charge. 
t 
1 
I understand I have the right to a speedy and public trial either by jury or by court. I hereby waive and give u 
right. 
this 
I understand I have the right to be confronted by the witnesses against me and to cross examine them by myself or 
tin-r 
through my attorney. I hereby give up these rights. 
I understand I have the right to testify on my own behalf, but I cannot be compelled to be a witness against myself 
and may remain silent if I so choose. I hereby give up these rights. 
I understand I have the right to call witnesses to testify in my behalf and to invoke the compulsory process of the 
Court to subpoena those witnesses. I hereby give up these rights. 
I understand I have the right to appeal all matters relating to the charge(s) and, unless I plea Guilty or No C 
specifically reserving my right to appeal, I will give up such right of appeal. 
I understand that if I am not a United States Citizen, my plea may subject me to deportation pursuant to the laws and 
regulations governing the United States Immigration and Naturalization Service: and, this Court has no jurisdiction 
(authority) in such matters. 
I have not received any promises from anyone, including my attorney, concerning eligibility for any form of early 
release authorized by law and further no promises have been made to me as to the actual amount of time that I will 
serve under the sentence to be imposed. Further, I understand that this plea may be used to enhance future cr 
al 
penalties in any court system, even if adjudication of guilt is withheld. 
I offer my plea freely and voluntarily and of my own accord, with full understanding of all matters set forth i the 
pleadings and this waiver. 
IO.DEFENDANT: 
I have personally placed my initials in each bracket above, and I understand each and every one of the rights outlined 
above. I hereby waive and give up each of them in order to enter my plea to the within charge(s). I understand that 
even though the Court may approve the agreement of sentence, the Court is not bound by the agreement, the Court 
may withdraw its approval at any time before pronouncing judgment, in which case I shall,lig able to withdraw my 
plea should I desire to do so. 
I I. DEFENDANT: 
DEFENDANT'S ATTORNEY ONLY: 
Choose one: 
If applicable, I choose a program which is or may be spiritually based. 
JUN ? 3 '1 t 
If applicable, I choose a program which is NOT spiritually based. 
If applicable, I ha 
preference if the program is or may be spiritually based. 
( 
G 
CICF6 
DATE 
I am attorney of record. I have explained each of the above rights to the defendant and have explored the facts with him/her and studied his/her 
possible defenses to the charge(s). I concur with his/her decision to waive the rights and to enter this plea. I further stipulate that this document 
may be received by the Court as evidence of defendant's intelligent waiver of these rights and that it shall be filed by the Clerk as permanent record 
of that waiv r. 
OR 
Y FOR THE DEvENDA NT 
GOIClioeiF--- 
 
/DA 
/0 
TE 
Original - Clerk 
Green - State Attorney 
Yellow - Defense Attorney 
Pink - Defendant 
cy 
CCC 
Page I of _L 
Goldenrod - Probatio 
-'
0' 
1  lk 
Form 02 
0.'1 
• 
t....  I 
EFTA00175569

Case 9:08kt 
_.,4-KAM 
D..
Entei. 
ument
FLSD D 
et 0811E 
d8 
Page 3 of 21 
IN THE RIM INAL DIVISION OF THE CIRCUIT COURT OF THE 
FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA. 
IN AND FOR PALM BEACH COUNTY 
CASE NO. 
OBTS NU BE  
c./V4)0 I
STATE OP FLORIDA 
v. 
I 
PROBATION 
/gl
i b/ 
Et i/ Erk
i n
 
 
VIOLATOR 
EFENDANT 
I ric bl  
114  
096 
. Vjg 
3t i ‘ S 
DA' • OF IRTH 
RACE 
GENDER 
SOCIAL SECURITY NUMBER 
Agifitiw 
I1 
COMMUNITY 
CONTROL 
VIOLATOR 
CFN 20080267522 
OR BK 22760 PG 1081 
RECORDED 07/17/2008 08:52:50 
Palm Beach County, Florida 
Sharon R. Bock,CLERK & COMPTROLLER 
Pg 1081; (lpg) 
JUDGMENT 
The above Defendant, being personally before this Court represented by 
I . Les id
I 
(attorney.) 
Having been tried and found guilty of 
Having entered a plea of guilty to 
I 1 
Having entered a pica of nolo 
the following crime(s): 
the following crime(s): 
contendere to the following 
cri me(s): 
COUNT 
FL) 
2°4;7 $6:67a7r) 
DEGREE 
and no cause having been shown why the Defendant should not be adjudicated guilty. IT IS ORDERED THAT the Defendant is hereby 
ADJUDICATED GUILTY of the above erime(s). 
and having been convicted or found guilty of. or having entered a plea of nob contendere or gullty.regardless of adjudication, to attempts or 
offenses relating to sexual battery (ch. 794). lewdand lascivious conduct (ch. 800), or murder (s. 782.04). aggre(ciiiiatartiEt(rl784.045). 
burglary (s. 810.02). carjacking (s. 812.133), or home invasion robbery (s. 812.135). or any other offertwcified in section 913.325, 
defendant shall be required to submit blood specimens. 
) 
and good cause being shown: IT IS ORDERED THAT ADJUDICATION OF GUILT BE WITHHELD. 
JUN 23 7: 3
• 
• 
SENTENCE 
I 
) The Court hereby stays and withholds imposition of sentence as to count(s) and places the Defendant on 
• 
STAYED 
I ) Probation and/or I I Community Control under the.supervision of the Dept of Corrections (conditions of probylion 
set forth in separate order). 
SENTENCE 
DEFERRED 
( 
j The Coon hereby defers imposition of sentence until 
The Defendant in Open Coun was advised of his right to appeal from the Judgment by filing notice of appeal with the Clerk of Coon within thirty days 
following t be date sentence is imposed or probation is ordered pursuant to this adjudication. The defendant was also advised of his right to the assistance 
of counsel in taking said appeal at the expense of the State upon showing of indigene . 
DONE ND ORDERED i Open
6 
Court
4 
at Palm Beach Count , Florida. this 
day of  'SO AS ,.e. 
 , 2111•9  . brook 
EFTA00175570

Case 9:08-cv-c _-4-KAM 
Dootig 0 3
t?Rt,t . .-2 
Entel. 
FLISD Do 
t 3.8/1b,..,08 
Page 4 of 21 
Iktb4-1
PLEA IN THE CIRCUIT COURT 
THE FOLLOVVING IS TO REFLECT Al .l TERMS OF THE NEGOTIATED SETTLEMEN*1 
Name: Jeffrey E. Epstein 
Plea: Guilty 1 
NP.---_.. 
SIMI .,lister 
_Dellloe 
a D 06CF009454A 
Felony Solicitation of Prostitution 
1 
No 
3.FEI 
rocuring Person Under 18 for Prostitution I 
No 
2 Fr; 
PSI: Walved/Not Required 
RequiredrReguested 
ADJUDICATION: 
Adjudicate (x j 
SENTENCE: 
On 06CF009454AMB, the Defendant Is sentenced to 12 months in the Palm Beach County 
Detention Facility, with credit for (one) day time served. 
wifFIP4 34 A. totkoNet 
On 08CF009381AMB, the Defendant Is sentenced to 6 month:An 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 CONIMEWILOR CONDITIONS:
Asa 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 or 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 It 
r• 7 • 
v., . - 
JUN  1n • . 
EFTA00175571

Futraie):991Z-IMIADAYots 
APIA vhilifitatoild1:8D Dgeotsict i2,,L,J08 
Page 5 of 21
IONSOF SUPERVISION: 
. 
. 
• c
TAMUNITY CONTROL STANDARD CONDITIONS:
You will remain confined to your residence except ono half hour before and after' your approved employment,. 
community service work, or any other activities approved by your Probation officer.
You will maintain an hourly accounting of all your activities on a daily log which.you will submit to your supervising 
officer upon request. 
• 
. 
. 
• 
The Department of Corrections, may at its discretion, places you on Electronic Monitoring during the term of your 
Community Control. t placedon Electronic Monitoring, you will weer a monitor at all times. You will maintain a
private phone line, be financially responsible for any lost or damaged equipment and follow all rules and regulations as 
instructed. The telephone will be available within five working days of being placed bn Electronic Monitoring Program. 
While on electronic monitoring you will remain confined to your residence and axe prohibited from being outside the 
residential walls. .• 
.. 
. 
. 
. 
(d) .0
 while 
being 
monitored 
and 
the 
monitor 
is 
fou
nd to have been tampered with you shall be taken into custody 
immediately, if the officer determines that your were not at your schedules place of work or school while allowed to be 
outside tla,e residence then in that event you shall be taken into custody immediately. If taken into custody, you shall be 
held without bond and shall, on the next working day, brought before a Judge presiding over his or her case for further 
Liposlon 1111
1i 
i ' 
a 
ejiscretion of rhepresidina Judge 
. 
(e) If placed on Electronic Monithring you will pay to the State of Florida, for the cost of Electronic Monitorinill.00 per 
' day, perP.S. 948,09. 
. 
. 
, 
. 
r
 
0
 
D
e
.
c
e
r
o
f
 
•
 
I
A
A
 
i
 
(
 
&
e
.
.
.
 
r-cs i ci. i A-7s ; e..-74-• 
3 -3 : 
gele?
.Y i 1 i a Way, 
,, 
CONDITIONS 
• 
(c) 
ER-P 
(a) You will submit to and, unless otherwise waived, be financially responsible for drug testing, urinalysis at least on a 
. 
monthly basis, and counseling if deemed appropriate by your supervising officer. • . 
(1)) You will enter and successfullycomplete a non-secure or inpatient drug treatment program if deemed appropriate by 
• your officer. 
. 
. 
. 
. 
. 
(c) You will comply with any curfew restrictions, confinement approved residence or travel restrictions as instructed by 
your officer and approved by the Officer's Supervisor. 
you shall submit to a mandatory curfew from 10:00 PM to 6:00 AM
(if the victim was under the age of 18-years) you shall not live within 1000 feet of a school, day care center, park, 
. playground, or other place where childrenregularly congregate. 
. 
• 
(c) you shall enter, actively participate in, and successfully complete a. sex offender treatment program with a therapist 
particularly trained to treat sex offender, et pro)ationer's or community controlees expense.
@ 
x,Pou shall not have any contact with the viotlin?direcdy or indirectly, including through a third persoia, unless approved 
by the victim, the therapist and 'sentencing court. 
. 
. 
. 
(if the victim was under the age. of 18 years) you shall not, until you successfully attend and complete the sex offender 
program, have any unsupervised contact with a child under the age of 18 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. 
'f the victim was under the ago of 18 years) you shall not work for pay or as a volunteer in any school, day care center, 
ark, playground, or other place where children regularly congregate. • 
Re—
. 
. 
, you shalltot view, 
wn, or posses any obscene, pornographic or sexually stimulating. istlai or auditory material, including telephone, 
electronic media, computer programs or computer services that are relevant to your deviant behavior pattern. 
'You 
shall submit two specimens of bland to the Florida Department of Law Enforcement to be registered with the DNA 
Data Bank. 
. . 
• ' (1) You shell make restitution to the victim as ordered by this court pursuant to A.S. 775.089 for all necessary medical and 
related professional service:, relating rOthe physical, psychiatric and psychological are of the victim. 
: 
• 
You shall submit to a warrantless search by your probation officer or community control officer of y ur person
residence, or vehicle. 
. . •• 
CO ifttay.v., 
C4
Deca
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4 
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PI /14 
ri
EFTA00175572

• ..piCase 
iJ 
Entet„n 
FLSD D 
8/1 b.- .M8 
Page 6 of 21 
you shall submit to a mandatory curfew from 10:00 PM to 6:00 AM 
(if the victim was under the age of 18 years) you shall not live within 1000 feet of a school, day care center, park, 
playground, or other place where children regularly congregate. 
you shalt enter, actively participatein, and successfully complete a sex offender treatment program with a therapist 
particularly trained to treat sex Offender, at probationer's or community controlus expense. 
you shall not have any contact with the victim; directly or indirectly, including through a third person, unless approved 
by the victim, the therapist and sentencing court 
(if the victim was under the age of 18 years) you shall not, until you successfully attend and complete the seroffender 
program, have any unsupervised contact with a child under the age of 18'yeart, 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 thetrime 
• and is approved by the sentencing oourt.
(f) 
(if the victim was under the age of 18. years). yoU shall not work for pay or as a volunteer ih any school; day care center, 
park, playground, or other place where children regularly congregate. 
CO 
Unless otherwise indicated in the treatment planprovided by the sexual offender treatment program, you shall not view, 
own, or posses any obscene, pornographic or sexually stimulating visual or auditory material, including telephone,. 
' electronic media, computer programs or computer services that are relevant to your deviant behavior pattern. 
ly 
You shall submit two s  ecimens of blood to the Florida DenattnItnt of LEON Rnforceme.nt. to he registered with thp ONA 
Data Bank. 
(i) 
You shall make restitution to-the victim as ordered by this court pursuant to P.S. 775.089 for all necessary medical and 
related professional services relating to the physical, psychiatric and psychologicalcare of the victim. 
0) 
You shall submit to a WarranUess search by your probation officer or community control officer of yolu person, 
residence. or. vehicle 
-
---
1
ym
CiThiRcaTiflrto a treatment program,.partitip,ate onceftwice annually 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 be used as evidenced in court to prove that a violation 
of community supervision occurred. 
. 
You shall maintain a driving log, you shall not drive a'motor vehicle white alone without prior approval of your 
supervising officer. 
. 
. 
. . 
. 
(if There was sexual contact) you shall submit to, at probationer's or.community controlee's expense,pn WV test with
the results to be released to the victim,.or the victim's parents or guardian.
it-t9 You will not obtain or use a Post Office Box Without the prior approval of the supervising officer. 
(c., You .will submit to electronic monitoring when
 necessary by the community control or probation officer and his 
. 
or her supervisor, and ordered by the court at the recommendation of the Department of Corrections.
• 
' 
. 
Dther: — 
• • 
THE COURT RES R.VHS THE RIGHT TO RESCIND, MODIFY, OR REVOKE SOTS19/4 TO 
RhIT PROVID13D BY LAW 
DONE AND ORD'EARD AT West Palm Beath, Palm Beach County, Florida, this 
• 
Nunc Pro Tudc: A_Q/5/2005,
• • Honorable SA adr* K. 
03' 
• Jthlge; Circug Cotirt 
I have received a copy of the terms and conditions of my supervision. I have read and understand these condiL-ms 
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 rec 
the confidentiality 
of which is federallyregulated under 42CPR, Part li, for the duration of my pervision. 
G 
6
12
DATE 
UCTBD BY 
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948.101 Terms and conditions of community control and criminal quarantine community 
control.—
(11 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: 
1. Specified contact with the parole and probation officer. 
2. Confinement to an agreod•upon residence during hours away from employment and public 
service activities. 
3. Mandatory public servico. 
4. Supervision by the Department of Corrections by means of an electronic monitoring device 
or system. 
S. The standard conditions of probation set forth in s. 948.032
(b) For an offender placed on criminal quarantino community control, the court shall require: 
1. Electronic monitoring 24 hours per day. 
2. Confinement to a designated residence during designated hours. 
(2) The enumeration of specific kinds of terms and conditions does not prevent the court from 
adding thereto any other terms or conditions that the court considers proper. However, the 
sentencing court may only impose a condition of supervision allowing an offender convicted of 
s. 19. 4.011, s. 800.04, s. 827.071, or s. 847.0145 to reside in another state if the order 
stipulates that ft is contingent upon the approval of the receiving stato Interstate compact 
authority. The court may rescind or modify at any time the terms and conditions theretofore 
imposed by ft upon tie 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. 75.0877 on criminal quarantine community control. The Department of 
Correction shall develop and administer a criminal quarantine community control program 
emphasizing intensive supervision with 24-hour-por•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 orderod. 
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'943.0435 Sexual offenders roquirod to register with the department; penalty. 
(1) As used in this section, tho term: 
(a)1, -Sexual offender` moans a person who moots the criteria in sub-subparagraph a., sub• 
subparagraph b., sub-subparagraph c., or sub-subparagraph d., as follows: 
a.(I) Has boon convicted of committing, or attempting, soliciting, or conspiring to commit, any 
of the criminal offenses proscribed in the following statutes In this stato or similar offonsos in 
another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), whero 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; 5. 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 boon redesignated from a former statute number to 
ono of those ((stool in this sub-sub-subparagraph; and 
(II) lias boon released on or after October 1, 1997, from the sanction imposod 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 Ono, 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 rosIdonco In this state and who has not boon 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 offondor designation in another stato or 
jurisdiction and was, as a result of such designation, subjected to registration or community or 
public notification, or both, or would bo if the person were a resident of that state or 
jurisdiction, without rogard to whether the person otherwise moots the criteria for registration 
as a sexual offender; 
c. fstablishos or maintains a residence in this state who is In the custody or control of, or 
undor 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 offonso in another jurisdiction: s. 787,91, s. 
787.02., or s. 787.025(2)(c), whore the victim is a minor and the defendant is not the victim's 
parent or guardian; s. 794.011, excluding s. 7%9.11(10); s. 794,05; s. 796.03; s. 796.035; s. 
800.04; s. 825,1025 s. 027,971; s. 847.0133; s. ;141,0135, excluding s. 13!47t9,135.(4); s. 
847.9137; s. 847.0138; s. 847.0145; or s. 985.7011 1); or any similar offense committed in this 
stato which has boon redesignated from a former statute number to ono of those listed In this 
sub-subparagraph; or 
d. On or after July 1, 2007, has been adjudicated delinquent for committing, or attompting, 
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 yoms 
of ago or older at the time of the offense: 
il) Section 794.011, excluding s. 794.911(10); 
(Ii) Section 800,131(4)(b) whoro the victim is under 12 years of ago or whore the court finds 
sexual activity by the use of force or coercion; 
(III) Section 890.04(5)(c)1. whore the court finds molestation involving unclothed genital • . 
8 
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(IV) Soction soo.01(5)(d) whore the court finds the use of force or coercion end unclothed 
genitals. 
2. For all qualifying offenses listed in sub-subparagraph (1)(a)1.d., the court shall make a 
written finding of the ago of the offender at the timo 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 not involve sexual activity and indicating that the offense did or did not involve forco or 
coercion. For a violation of s. 800.04(5), tho court shall additionally make a written finding 
that the offense did or did not Involve unclothed genitals or genital aroa and that the offense 
did or did not involve the uso of force or coercion. 
(b) 'Convicted' moans that there has boon a determination of guilt as a result of a trial or the 
entry of a plea of guilty or into contondoro, regardless of whether adjudication is withhold, 
and includos an adjudication of delinquency of a juvenile as specified in this section. 
Conviction of a similar offense includes, but is not timitod to, a conviction by a federal or 
military tribunal, including courts-martial conducted by the Armed Forccrt of the United States, 
and includes a conviction or entry of a plea of guilty or nolo contendore resulting In a sanction 
In any stato of the United States or other jurisdiction. A sanction includes, hut Is not limited 
to, a fino, probation, community control, parole, conditional release, control release, or 
incarceration In a state prison, fodoral prison, privato correctional facility, or local dotention 
facility. 
(c) 'Permanent residonco" and *temporary rosidence" have the same meaning ascribed in s. 
775.21. 
(d) institution of higher education" means a caroor contor, community college, college, state 
university, or independent postsocondary institution. 
(o) -Change in enrollment or employment status moans the commoncomont or termination of 
onrollmont 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) Roport in person at the sheriffs office: 
1. In the county in which the offender establishes or maintains a permanent or temporary 
residence within 48 hours alter: 
a. Establishing permanent or temporary residence in this stato; or 
b. being released from the custody, control, or supervision of the Departmont of Correction!, 
or from the custody of a privato correctional facility; or 
2. le the county whore ho 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 
9 
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control of, or undor 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 bo provided pursuant to paragraph 
(4)(d), after the sexual offender reports in person at the sheriffs office, shall he accomplished 
in the manner provided in subsections (4), (7), and (8). 
(b) Provide his or her name, date of birth, social security number, race, sox, height, weight, 
hair and or color, tattoos or other idontifying marks, occupation and place of employment, 
address of permanont or legal residence or address of any current temporary residence, within 
tie nato and out of state, including a rural route address and a post office box, any electrai is 
mail address and any instant message name required to be provided pursuant to paragraph 
(4)(d), dato and place of each conviction, and a brief description of the crime or crimes 
committed by tho offender. A post office box shall not be provided In lieu of a physical 
residential address. 
1. If the sexual offender's place of rosidonco is a motor vehicle, trailer, mobile home, or 
manufactured home, as defined in chapter 320, the sexual offender shall also provide to the 
deportment through the sheriffs 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 offoixfor's place of 
residence is a vossol, 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 manufacturor's soda( number; the name of the vessel, live-aboard vessel, or houseboat; the 
registration number; and a description, Including color scheme, of the vessel, live-aboard 
vessel, or houseboat. 
2, If the sexual offonder is enrolled, employed, or carrying on a vocation at an institution of 
Nichol' education in this state, the sexual offender shall also provide to the department through 
the sheriffs office the name, address, and county of each institution, including each campus 
attended, and the sexual offender's enrollment or omploymont status. Each change in 
enrollment or employment status shall bo reported in person at the sheriffs office, within ati 
hours aftor any change in status. The sheriff shall promptly notify each institution of the sexual 
offender's presence and any change in the sexual offender's enrollment or employment status. 
When a sexual offender reports at the sheriffs office, the sheriff shall take a photograph and a 
sot of fingerprints of the offender and forward the photographs and fingerprints to the 
department, along with the information provided by the sexual offonder. 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 drivers license office of the impartment of Highway Safety and Motor 
Vehicles, unless a driver's license or identification card that complies with the oquirements of 
s. 
.. 141(3) was previously secured or updated undo!. s. ‘744,807. At the drivot's license of tit o 
the sexual offender shall: 
la) If otherwise qualified, -.octet/ a Florida drive's license, renow a Florida driver's license. (.1 
secure en identification card. The sexual offender shall identify himself or herself as a sexual 
offender who is required to comply with this section and shall provido proof that the sexual 
offender reported as roquitcbd in subsection (21. The sexual offender shall provide any of til (
information specified in subsection (21, if requested. fhe sexual offender shall submit to tiv• 
taking of a photograph for 11'4 in (rankly a driver's license, renewed license. or fdontificatioi,
card, and for use by the deparaneat in rnakl.alrling currant records of sexual offenders. 
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(b) Pay the costs assessed by the Department of I iighway Safety and Motor Vehicles for issuing 
or renowing a driver's license or identification card as required by this section. rho driver's 
license or Identification card issued must be in compliance with s. 44,141(3 ) 
(c) Provide, upon request, any additional information necessary to confirm the identity of the 
sexual offender, including a sot 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 bo 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 sot forth in s. 322.142, the Dopartment of Highway Safoty 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 sheriffs office of the county in which ho or she is located. 
The sexual offender shalt specify the dato 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 ho or she is or will be occupying during the time in which ho or she fails 
to establish or maintain a pormanont or temporary residence. 
(c) A sexual offender who remains at a permanent residence after reporting his or her intent 
to vecato such residence shall, within 48 hours after the date upon which the offender 
inditatod he or she would or did vacate such residence, report in person to the agency to which 
ho or she reported pursuant to paragraph (b) for the purpose of reporting his or her address at 
such rosidenco. When the sheriff receives the report, the sheriff shall promptly convoy the 
information to the department. An offondor 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 ins. 775.082_, s. 775.083, or s. 775.084. 
(d) A sexual offender must register any electronic mall address or instant message name with 
tho department prior to using such electronic mail address or instant message name on or after 
October 1, 2007. 111e 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 offondor who is also a sexual predator, as defined in 
s. 775.214 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 aro not under the care, custody, control, or 
supervision of the Department of Corrections in a manner that is consistent with the provisions 
of tho federal Adam Walsh Child Protection and Safety Act of 2006 and any other federal 
standards applicable to such verification or requirod to ho mot as a condition for the receipt of 
federal funds by the state. I °cal law enforcement agencies shall report to the department rely 
failure by a sexual offender to comply with registration roquirements. 
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(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 rosidence 
within 48 hours before the date ho or she intends to leave this state to establish rosidence in 
another state or jurisdiction. The notification must include the address, municipality, county. 
and state of intended residonco. The sheriff shall promptly provide to the department the 
information recolvod from the sexual offender. The department shall notify the statewide low 
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 
residonco, and report his or hoe intent to remain in this state. The sheriff shall promptly roport 
this information to the department. A sexual offender who reports his or her intent to rosido 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. 
s. 7?.5.084, or s. ?M‘Pg.4., 
(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. TAM, s. Zip.osq, or s. 775,884.. 
(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 offonder, or the county in which the 
conviction occurred for the offense or offenses that meet the criteria for designating a person 
as a sexual offonder. 
(c) An arrest on charges of failure to register when tho offondor has been provided and advisod 
of his or her statutory obligations to register under subsection (2), the sorvice 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 rogistor 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 tho 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 assort the defense of a lack of notice of the duty to 
regfttor,
(d) Registration following such arrest, service, or arraignment is not a defense and does noi 
relieve the sexual offender of criminal liability for the failure to register. 
(10) The department, the Department of Highway Safoty and Motor Vehicles, the Department, 
of Corrections, the Department of Juvenile Justice, any law enforcement agency In this stair:, 
and tho personnel of those departments; an elected or appointed official, public employee. m
school administrator; or an .trnployoe, agency, or any individual or entity or tine, at the roq.N.st 
or upon tan direction of ar, law enforcoment agency is immune from civil liability for damn ies 
for good faith compliance with the roquiroments of this section or for the release of 
information under this section, and shall ho prosumod to have accod in good faith In canoeing, 
rocordine, reporting, or roleasing the information rho presumption of geed faith 
not 
ovorcome if a technical or clerical error P. Node in, the department, the lleear more of 
iighway Safety and motor vnhicl es, the Deportmeni of Corrections, the Departierau of ./us,.. win 
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Justice, the personnel of those departments, or any individual or ontity 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 Ins. 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 offenso 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 boon arrested for any felony or misdemeanor offonso 
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. Z94.011 (10); 
c. For a violation of s. 800.04(4)(b) whore the court finds the offense Involved a victim under 
12 years of age or sexual activity by the use of force or coercion; 
d. For a violation of s. soo.o0)(b); 
e. For a violation of s. 800.04(5)c.2. whore the court finds the offense involved unclothed 
genitals or genital area; 
f. For any attempt or conspiracy to commit any such offense; or 
g. For a violation of similar law of another Jurisdiction, 
may petition the criminal division of the circuit court of the circuit in which the sexual 
offender resides for the purpose of removing the roquiromont for registration as a sexual 
offender. 
2. The court may grant or deny relief if the offender demonstrates to tho court that he or she 
has not boon arrested for any crime since release; the requested relief complios with the 
provisions of the foderal 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 %tato; and the court 
is otherwise satisfied that tho offender is not a current or potential throat to public safety. rho 
state attorney in the circuit in which the petition is filed must be given notice of the petition 
at least 3 weeks before the hearing on the matter. The state attorney may present evidence in 
opposition to the requested relief or may otherwise demonstrate the reasons why the petition 
should bo 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, subioct to the standards for relief 
provided in this subsection. 
3. 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 offondar. 
13 
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