- Not an Official Document Page 12 of 24 Filing Party: !EPSTEIN, JEFFREY E Disposition Amount: Docket Text: MOTION FOR PROTECTIVE ORDER GOLDBERGER FILED BY JACK 34 B NOTD - DEPOSITION NOTICE OF TAKING Filing Date: 08-FEB-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: FILED BY JACK GOLDBERGER 34 C NOTD - DEPOSITION 1 NOTICE OF TAKING Filing Date: 11-FEB-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: 'Rocket Text: FILED BY JACK GOLDBERGER. 35 I RESP - RESPONSE TO: Filing Date: 12-FEB-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: MOTION FOR PROTECTIVE ORDER - FILED BY J. GOLDBERGER 36 ORDD - ORDER DENYING Filing Date: 12-FEB-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: (JUDGE MCSORLEY) "MOTION FOR PROTECTIVE ORDER" 37 I NOUN - NOTICE OF UNAVAILABILITY Filing Date: 19-FEB-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: 114-07 THRU 10 FILED BY ASA EVRST EVENT RESET Filing Date: 06-MAR-2008 'Filing Party: H EPSTEIN, JEFFREY E http://courtcon.co.palm-beach.fl.us/p1s/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233529

- Not an Official Document Page 13 of 24 Disposition Amount: Docket Text: none. 38 AGOR - AGREED ORDER Filing Date: 06-MAR-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: (JUDGE MCSORLEY) CASE IS SET FOR FINAL TRIAL ON 7/8/2008 AT 8:30 AM. PARTIES ARE FREE TO SCHEDULE MATTER FOR PLEA CONFERENCE PRIOR TO THAT DATE IF AN AGREEMENT IS REACHED IN THIS MATTER L EVSCH - HEARING EVENT SCHEDULED Filing Date: Filing Party: Disposition Amount: 107-MAR-2008 Docket Text: none. 39 NOH - NOTICE OF HEARING Filing Date: 10-MAR-2008 Filing Party: Disposition Amount: Docket Text: Docket entry for the letter produced from CSAEOUT on 10-MAR- 2008 by VBUCKLEY. 40 NOTD - NOTICE OF TAKING DEPOSITION Filing Date: 24-MAR-2008 Filing Party: Disposition Amount: Docket Text: J FILED BY J. GOLDBERGER. ...... iim 41 NOTD - NOTICE OF TAKING DEPOSITION EPSTEIN, JEFFREY E Filing Date: 24-MAR-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: FILED BY J. GOLDBERGER. 41 A NOTD - NOTICE OF TAKING DEPOSITION http://courtcon.co.palm-beach.fl.us/p1s/jiwp/ck_public_qry_doct.cp_clIctrpt_docket_report?c... 8/4/2009 EFTA00233530

- Not an Official Document Page 14 of 24 Date: I26-MAR-2008 Filing Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: FILED BY JACK A. GOLDBERGER ESQ. 42 SRSV - SERVED SUBPOENA RETURNED / Filing Date: 28-MAR-2008 Party: EPSTEIN, JEFFREY E 'Disposition 'Disposition Amount: Docket Text: none 43 7 7211S - SERVED SUBPOENA RETURNED / NOT 'Filing Date: 28-MAR-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. 44 SRSV - SERVED SUBPOENA RETURNED / Filing Date: 28-MAR-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. 45 MOT - MOTION Filing Date: Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: J FOR PROTECTIVE ORDER - FILED BY J. HERMAN 46 ~LTR-LETTER Filing Date: 1 03-APR-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: FROM ATTY TO JDG MCSORLEY RE: MOT FOR PROTECTIVE ORDER MCSORLEY ,=......--- 47 NOT - NOTICE Filing Date: 04-APR-2008 http://courtcon.co.palm-beach.11.us/p1s/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233531

- Not an Official Document Page 15 of 24 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: OF WITHDRAWAL OF MOTION BY J. HERMAN. FOR PROTECTIVE ORDER FILED 48 SRSV-SUBPOENA SERVED RETURNED/ Filing Date: 10-APR-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. 49 SRSV - SERVED SUBPOENA RETURNED / Filing Date: 10-APR-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. r SRSV - SERVED SUBPOENA RETURNED / Filing Date: 10-APR-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. EVSCH SCHEDULED - HEARING EVENT Filing Date: 27-JUN-2008 Filing Party: Disposition Amount: Docket Text: none. 51 JDN - JUDICIAL NOTES Filing Date: 127-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: SET CASE FOR 6/30/08 @ 8:30 AM FOR STATUS CHECK r EVCAN CANCELLED/SETTLED - EVENT I http://courtcon.co.palm-beach.fl.us/pls/jiwp/ckpublic_qry_doct.cp_dktrptdocket_report?c... 8/4/2009 EFTA00233532

- Not an Official Document Page 16 of 24 Filing Date: 30-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: PLED 063008. MER EVHLD - EVENT HELD Filing Date: 30-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: CR-DAMES. PLEAD & ADJ GUILTY AS CHARGED. PBCJ 12 MOS, W/CD FOR 1 DAY. BOND DISCH. DNA SWAB. MER 51 A I GUIL - JUDGMENT OF GUILTY Filing Date: asesi• 30-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. 51 B FNGR - FINGERPRINTS Filing Date: 30-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: 'none 51 C I SORD - SENTENCE ORDER Filing Date: 30-JUN-2008 Filing Party: EPSTEIN JEFFREY E Disposition Amount: Docket Text: none. 51 D RITE - WAIVER OF RIGHTS Filing Date: 30-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. 51 E PLS - PLEA SHEET Filing Date: 30-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: http://eourtcon.co.palm-beach.fLus/p1s/jiwpick_publie_qry_doct.cp_dktrpt_docket_reporttic... 8/4/2009 EFTA00233533

- Not an Official Document Page 17 of 24 'Docket Text: 51 F GLSS - GUIDELINE SCORESHEET Filing Date: 30-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none 51 G OAFC - ORDER ASSESSING FEES/COST Filing Date: 30-JUN-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: 52 (JUDGE MCSORLEY) IN THE AMOUNT OF $473.00 AS CONDS OF PROB. MER AREC - ARREST RECORD Filing Date: 01-JUL-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: RECOMMIT RCMIT - RECOMMITMENT Filing Date: 01-JUL-2008 Filing Party: Disposition Amount: Docket Text: 53 Filing Date: Filing Party: none. SEAL - SEALED 02-JUL-2008 EPSTEIN, JEFFREY E Disposition Amount: Docket Text: 54 Filing Date: NON-PROSECUTION AGREEMENT AGOR - AGREED ORDER 02-JUL-2008 Filing Party: Disposition Amount: EPSTEIN, JEFFREY E Docket Text: (JUDGE PUCILLO) SEALING DOCUMENT IN COURT FILE CLSD - CLOSED CASE http://courtcon.co.palm-bcach.fLus/p1s/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233534

- Not an Official Document Page 18 of 24 'Filing Date: 108-JUL-2008 Filing Party: Disposition Amount: Docket Text: none. RCPT - RECEIPT FOR PAYMENT Filing Date: 14-JUL-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: A Payment of -$473.00 was made Bond ID: 00073142 on receipt CFMB30200 From CHECK PRINTED CHECK Filing Date: 14-JUL-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: A Disbursment of $2,054.00 on GOLDBERGER Check Number 69429 to JACK 56 PROC - !TRANSCRIPT CRT REPORTER OF Filing Date: 22-JUL-2008 Filing Party: IEPSTEIN, JEFFREY E Disposition Amount: Docket Text: PLEA CONFERENCE, TAKEN 6/30/08 55 MOT - MOTION Filing Date: 23-JUL-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: FOR RETURN OF PROPERTY FILED BY JACK GOLDSTEIN, ESQ. 57 SEAL - SEALED Filing Date: 25-AUG-2008 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: [Docket Text: ADDENDUM TO THE NON-PROSECUTION AGREEMENT 58 MOT - MOTION Filing Date: 12-MAY-2009 ii http://courtcon.co.palm-beach.fl.us/p1s/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233535

- Not an Official Document Page 19 of 24 Filing Party: 'EPSTEIN, JEFFREY E Disposition Amount: Docket Text: (NONPARTY E W'S) TO VACATE AND UNSEAL RECORDS. ORDER SEALING RECORDS 59 J ORSH - ORDER SETTING HEARING Filing Date: 15-MAY-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: SET FOR 5/29/09 MTN TO VACATE AND UNSEALING ORDER SEALING RECORDS EVSCH SCHEDULED HEARING EVENT Filing Date: 19-MAY-2009 Filing Party: tt Disposition Amount: ---, Docket Text: none. 60 J NOH - NOTICE OF HEARING Filing Date: 26-MAY-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: SET FOR 5/29/09 10:30 62 CEF - COURT EVENT FORM Filing Date: 29-MAY-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: 'Docket Text: none. EVSCH SCHEDULED - HEARING EVENT Filing Date: 01-JUN-2009 Filing Party: Disposition Amount: Docket Text: NON PARTY E.W 'S MOTION TO RECORDS AND UNSEAL RECORDS VACATE ORDER SEALING EVCAN CANCELLED/SETTLED - EVENT ll http://courtcon.co.palm-beach.fl.us/pls/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233536

- Not an Official Document Page 20 of 24 Filing Date: 01-JUN-2009 Filing Party: EPSTEIN JEFFREY E Disposition Amount: Docket Text: none. 61 RNOH - RE-NOTICE OF HEARING Filing Date: 01-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: SETTING CASE FOR OTHER HEARING ON 6/10/2009 AT 10:30 AM FILED BY BRADLEY EDWARDS, ESQ. RE:NON PARTY E W.'S MOTION TO VACATE ORDER SEALING AND UNSEAL RECORDS, HEARING SET FOR 5/29/2009 IS CANCELLED 63 MOT - MOTION Filing Date: J 03-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: TO VACATE ORDER SEALING RECORDS AND UNSEAL RECORDS FILED BY BRADLEY EDWARDS, ESQ 64 MOT - MOTION Filing Date: 03-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: PALM BEACH POST'S MOTION TO INTERVENE AND PETITION FOR ACESS FILED BY DEANNA SHULLMAN, ESQ. EVRST EVENT RESET Filing Date: 10-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: CR-BELTRAN. MOTION TO INTERVENE-GRANTED. NO ACTION TAKEN ON MOTION TO UNSEAL. RESET FOR MOTION HRG ON 6/25/09. BLE 65 J CEF - COURT EVENT FORM Filing Date: 10-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. http://courtcon.co.palm-beach.flus/pls/jiwp/ck_public_qty_doct.cp_dktrptdocket_report?c... 8/4/2009 EFTA00233537

- Not an Official Document Page 21 of 24 I EVSCH - HEARING EVENT SCHEDULED Filing Date: 11-JUN-2009 Filing Party: Disposition Amount: Docket Text: none. 66 NOH - NOTICE OF HEARING Filing Date: 11-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: SET FOR MOTION TO INTERVENE AND PETITION FOR ACCESS 1 ON 6/10/09 AT 10:40. FILED BY D. SHULLMAN, ATTY 67 NOH - NOTICE OF HEARING Filing Date: 11-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: SET FOR MOTION TO INTERVENE AND PETITION FOR ACCESS ON 6/10/09 AT 10:40. FILED BY D. SCHULLMAN, ATTY 68 MOT - MOTION Filing Date: 15-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: TO INTERVENE AND SUPPORTING MEMORANDUM OF LAW. FILED BY S. KUBIN, ESQ EVHLD - EVENT HELD Filing Date: 25-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: CR-INIGGINS (COLBATH) DEFT PRES W/JGOLDBERG, GRANTED, CASE RESET FOR MOTION TO STAY DISCLOSURE EVSCH - HEARING EVENT SCHEDULED Filing Date: 25-JUN-2009 Filing Party: Disposition Amount: I. 1 I http://courtcon.co.palm-beach.fLus/p1s/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233538

- Not an Official Document Page 22 of 24 'Docket Text: ITO STAY DISCLOSURE EVSCH - HEARING EVENT SCHEDULED Filing Date: 25-JUN-2009 Filing Party: Disposition Amount: [ocket Text: TO STAY DISCLOSURE J 69 I CEF - COURT EVENT FORM Filing Date: '25-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. 70 CEF - COURT EVENT FORM Filing Date: 25-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: none. EVHLD - EVENT HELD Filing Date: 26-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: CR-VVIGGINS. MOTION TO STAY, DENIED. WRITTEN ORDER TO FOLLOW. DOCUMENTS IN QUESTION ARE DELAYED UNTIL NOON ON THURSDAY 02-JUL-2009. MOTION TO COMPEL THE DEFT TO POST BOND - DENIED. 73 1 MOT - MOTION Filing Date: 26-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: FOR ATTY'S FEES AND COSTS. FILED BY D. SHULLMAN, ATTY 78 CEF - COURT EVENT FORM Filing Date: 26-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: (Docket Text: none. http://courtcon.co.palm-beach.flus/p1s/jiwpick_public_qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233539

- Not an Official Document Page 23 of 24 79 1ORD - ORDER Filing Date: 26-JUN-2009 Filing Party: IEPSTEIN, JEFFREY E Disposition Amount: Docket Text: (JUDGE COLBATH) THAT THE MOTIONS TO SEAL THE COURT RECORDS ARE DENIED. THE MOTIONS TO INTERVENE ARE GRANTED. THE MOTION TO UNSEAL THE DOCUMENTS IS GRANTED. I_7=1 RESP - RESPONSE TO: Filing Date: 29-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: MOTION TO STAY AND SUPPORTING MEMORANDUM OF LAW. FILED BY S. KUVIN, ESQ [72 ODMO - ORDER DENYING MOTION Filing Date: 29-JUN-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: (COLBATH) TO STAY DISCLOSURE AGREEMENT 74 I MOT - MOTION Filing Date: 06-JUL-2009 Filing Party: JEPSTEIN, JEFFREY E Disposition Amount: Docket Text: NONPARTY E.W.'S MOTION FOR ATTORNEY'S FEES AND COSTS FILED BY W. BERGER 75 RESP - RESPONSE TO: Filing Date: 06-JUL-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Docket Text: (NTERVENER'S) MOTION TO STAY AND SUPPORTING MEMORANDUM OF LAW. FILED BY S. KUVIN, ESQ 76 EXLT - EXHIBIT LIST Filing Date: 08-JUL-2009 Filing Party: IEPSTEIN, JEFFREY E Disposition Amount: I http://courtcon.co.palm-beach.fl.us/pIs/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233540

- Not an Official Document Page 24 of 24 Docket Text: none. 77 TFIESP - RESPONSE TO: Filing Date: 15-JUL-2009 Filing Party: EPSTEIN, JEFFREY E Disposition Amount: Text: TO EMERGENCY PETITION FOR WRIT OF CERTIORARI (PALM 1 Docket BEACH POST) FILED BY DEANNA K. SHULLMAN http://councon.co.palm-beachRus/p1s/jiwp/ck_public_qry_doct.cp_dktrpt_docket_report?c... 8/4/2009 EFTA00233541

JUN-27-2008 FRI 03:33 PH FAX NO. 5618358691 P. 02 PLEA IN THE CIRCUIT COURT THE FOLLOWING IS TO REFLECT ALL TERMS OF THE NEGOTIATED SETTLEMENT Name: Jeffrey E. Epstein Plea: Guilty 2 Case No. Charoe Count Lesser Decree 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 lx ] SENTENCE: On 06CF009454AMB, the Defendant is sentenced to 12 months In the Palm Beach County Detention Finally, with credit for 1 (one) day time served. On 08CF009381AMB, the Defendant is sentenced to 18 months Community Control 1 (one). As a special condition of this Community Control, the Defendant must serve the first 6 months in the Palm Beach County Detention Facility, with credit for 1 (one) day time served. This sentence is to be served consecutive to the 12 month sentence in 06CF009454AMB. The conditions of community control are attached hereto and incorporated herein. OTHER COMMENTS OR CONDITIONS: Court Costs: $474.00 Cost of Prosecution: $50.00 Drug Trust Fund: $50.00 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 Ouch is attached hereto and incorporated herein. The Defendant must provide a DNA sample in court at the time of this plea. Assistant State Attorney Attorney for the Defendant Date of Plea Defendant EFTA00233542

JUM-27-2008 FRI 03:34 P1 FAX NO, 5618358691 P. 03 948,101 Terms and conditions of community control and criminal quarantine community control... (1) The court Shall determine the terms and condition: of community control. Conditions ;Pacified in this subsection do not require oral pronouncomont at the time of sentencing and may be considered standard conditions of community control. (a) The court shall requiro intensive supervision and survoillanco for an offender placed into community control, which may includo but is not Wither' to: 1. Sriocifiral context with the parole and probation officer. 2. Confinement to an 49mnd-upon residence during hours away from omploymont and public mice activities 3. Mandatory public service, 4. Supervision by the Department of Corrections by moans of on electronic monitories/ dovico or System. S. The standard conditions of probation set forth in s. (b) For an offender reflood on criminal quarantine community control, the court shall ruouiro: Elcictronic monitoring 24 hours per tiny. 2. Confinement to a ONIgnotod rocklanco during designated hours. (2) The enumeration of specific kinds of terms and conditions does not prevent the court from adding thereto any other terms or conditions that the court considers proper. However. the sentencing court may only impose a condition of supervision allowing an offender convicted of s. 794.011, s. 800.04, s. 827.071, or s. LiA17.01 to reside in another state if the ardor stiPtiletec that it is contingent upon the) approval of the receiving *tato intorstota compact authority. The court may rescind or modify at any rime the terms and conditions theretofore imposed by it upon the offender in community control. However, if tho court withholds adjudication of guilt or imposes a period of incarceration as a condition of community control, the period may not exceed 354 days, and incarceration shell be restricted to a county facility, 0 probation and restitution tenter under the jurisdiction of the Department of Corrections. probation program drug punishment photo 1 sncuro residontial treatment institution, or b community residential facility owned or operated by any entity providing such services. (3) The court may place o Mk:indent who is being sentencod for criminal transmission of HIV in violation of s. 775.0872 on criminal quarantine cormaunity control:The Deportment of Corrections shalt develop and administer a criminal quarantine community control program emphasising triterreim supervision with 24-hour-por-doy electronic monitoring. Criminal quarantine community control status must Include suivoillnnce and may include other measures nornially assoclatod with community control, oxcopt that specific conditions necessary to monitor this population may be ordered. EFTA00233543

JUN-27-2008 FRI 03:34 PM FAX NO. 561835869: P. 94 2941,0435 Sexual offenders required to register with the department; penalty.— (l) As used in this section, the term: OM, `Sexual offender means a person who moots tho critoria in sub-subparagraph a., sub • subparagraph b., sub-subparagraph c., or sub-subparagraph d., as follows: AA Has been convicted of committing, or attempting, soliciting, or conspiring to commit, any of the criminal offansos proscribed In the following statutes in this state or similar offonsos in another jurisdiction: s. 787.01, s. 787-0Z, or s. 7132,025(2)(c), where the victim is a minor and the defendant is not the vkties parole or guardian; 794.011A excluding s. 191481(10); s. s. 796.03j 796.016; s. 89_0A1 s. g5api6; s. !gm 5. 047.o14,1; s. 841.0133, culaludire s. 847.0135(9); 5. 847,0137; s. 847.0116; s. 84?,0115; or s. 985.761(1j; or any Mafia/ offense committed in this state which has boon rodosignated from a former statute number to one of those listed in this sub-sub-subparamaph; and (II) Has boon reloased on or after October 1, 1997, from the sanction imposed for any conviction of an °from described in 50).50-subparagraph (I), For purposes of ath-sub- subparayranh (I), a sanction imposed In this state or in any other jurisdiction irtcludm, but is not limited to, a fine, probation, community control, parole, conditional minas*, control relate°, or incarceration in a state prison, rodent prison, private corroctional facility, or local detention facility; b. Establishes or maintains a residence in this state and who has not been dm-ignited as a &enrol predator by a court of this state but who has been designated asexual's( predator, es a sexually violont predator, or by another sexual offender designation in another stone or )urisdiefori and was, as a insult of such designation, subjected to registration or community or public notification, or both, or would be if tho person wero a resident of that state or j'urisdiction, without regard to whether the person otherwise meets the criteria for Iwcistrwtton os a roxual *Minder; c. Establishes or maintains 6 residence in tids stato who is in the =tidy or control of, or ender the supervision of, any other state or jurisdiction ace result Ma conviction for committhig, or attempting, soliciting, or corrspfring to commit, any of the criminal. offenses proscribed in the following statutes or similar *Hanoi in another Jurisdiction: s. 787.01, s_ or s. 787.025(2)(c), whore the victim is a minor and the defendant fs not the victims Parilitt or guarrllan; s 794.011, excluding s. 7911.011(10); s. 794.05; s. 796.03; s. 796.035; s. 500.0t s. 825.1025; s. 827.071; 5. 847.0124; 5. 147,013S, excluding s. W.013S(4); s. 8474_537; s. p47.0138; s. 84721452 or s 215.701.11); or any sirmlor offense committed in this state which has been redesignated from a former statute mitten to one of thus° listed in this sub-r.ubperagraph; or rd- On or after July 1, 2097, has been adjudicated delinquent for committing, or attempting, soliciting, or conspiring to commit, any of the criminal offemes proscribed in the following statutes in this state or similar offenses in another jurisdiction when the juvenile was 14 years of ago or older at the limo of the offense: (I) Section 794.011, excluding s. 794.011(10); (II) Section 800.04(4)(b) whore the victim Is under 12 years of ago or whore the court finds actual activity by the use of force or coercion; fill) Section $0021(5)(c)1. where the court finds motostation involving unclothed genitals; or EFTA00233544

JUN-27-2008 FRI 03:34 PM FAX Na 5618358691 P. 05 (iv) Section 800.00451(d} wticra the court finds the use of forco or coercion and unclothed genitets. 2. Far all qualifying offenses listed In sub-subparagraph (1)(a)1.d., tho court sholl make a mitten finding of the ago of the offender at Um time of the offense. For each violation of a qualifying oriental listed in this subsection, tho court shall make a written finding of tho ago of the victim at the time of the offense. For a violation of s. a.2_O N(4), tho court shall additionally memo a written finding indicating that the offense did or did not Involvo sexual activity and indicating that the offortsc did or did not involve force or coercion, Far a ViOlOtl" of s. Wi° 4(5), tbc court SigItt additionally make a written finding that the offertio did or did not involve unclothed genitals or genital area and that the offense did or did not Involve the too of force or coercion. (b) 'Convicted" moans that thorn: has been a doterminatfon of aunt as a result of la trial or the elty of a pion of guilty ar nolo contenders, regardless of whether adjudication is withheld, and includes, an adjudication of dolinquency of a juveniles specified in this suction. Conviction of a similar offense Includes, but Is not limited to, a conviction by a federal or military tribunal, including courts-martial conducted by the Armed Forces of the United States, and includes a conviction or entry of a pica of guilty or nob contenders rosulting in a sanction in any stato of the United Stator or other jurisdiction. A sanction Includes, but is not limited to, a lino, probation community control, parolo, conditional release, control roloaso, or incarceration in n state prbon, federal prison, private correctional facility. or local detentivn facittty. (c) 'Permanent residence and "temporary rosidenco' have the same moaning scribed In s. 775.21 Kb 'Institution of higher education- moans a career center, community college, college, state university. or independent postsoconciary institution. (e) "Change in onrollmcni: o omployrnent status' moan' the commencement or termination of enrollment or employment or a change In location of enrollment or omployment. (f) 'Electronic mall address' has tho same moaning as provided In s. öttb497; IV InSbant message name" moans an identifier Cat allows a person to communicate In real time with another person using tho Internet. ra A sexual offender (a) Report in person et tho sheriffs office: 1. In tho county in which the offender establishes or maintains a pormanont or temporary residence within 48 hours after: a. Establiching permanent or temporary residence in this stets; or b. being rolottsrxi from tio custody, control, or supervision of the Department of Correction., or from the custody of a private correctional facility; or 2. In the county where he or she was convicted within 48 hours after being convicted for a qualifying offense for registration under this suction if the offender is not in the custody or EFTA00233545

JUN-27-2008 FRi 03:35 PM FAX NO. 5618358691 P. 06 control of, or undor the surrridon of. the Department of Corrections, or is not in the custody of a private correctional facility. bey change in the sow& offender's paramount or temporary residence, name, any eladtrona. mail address and any instant message name required to be provided pursuant to paragraph (4) after the =mat offender more; in parson at the sheriffs office, shall be accomplished fri the manner provided in svbsoctiorm (I), (7), and (8). (b) Provide his or her name, date of birth, social security number, rapt, sex, height, weight, hair and oye color, tattoos or other identifying marks, occupation and Paco of employment, address of permanent or legal residency or address of any current temporary residence, within the state end out of mato, Including a rural route address and a post office box, any electronic mat address and any instant message name required to be provided pursuant to paragraph (4)(t), date and place of oath conviction, and n brief description of the triune or cranes committed by the offender. A post o Mee box shell not be prospected in lieu of a physical residential address. 1. If the swami offenders place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as donned in chuptor 320, the UMW offender shall also provido to the department tivougb the sheriffs office written notice of the vehicle identification number; the license tag number; the registration rather; and a description, including color whom°, of the motor vehicle, trailer, mobilo home. or manufactured home. If the sexual offender's place of residence is a 1105301, tiVErabOOK4 vessel, or houseboat, as defined in chapter 327, the sexual offender shall also proVide to the department written notice of the hull Identification numb r; the manufacturers serial number; the name of the venal. Ova-aboard vessel, or houseboat; t he rogIttration »mbar; and a description, including color schema, of the vos;ol. live-aboard vessel, or houseboat. 2. if the sexual offender h enrolled, employed, or carrying on a vocation at an institution of higher education in this state, the sexual offender shall also provide to the department through the sheriffs office tho namo, address, and county of cosh institution, including each camps attended, and the sexual offenders enrollment or employment status. Each change in enrollment or employment status shall be reported in person at the sheriffs office, within hours after any change in mews. The sheriff shall promptly notify each Institution of the sexual offroolork presence and any alone in the sexual offender's enrollment or employment status. When asexual offender reports at the sheriffs office, the sheriff rlsall take a photograph and a set of fingerprints of the offender end forward the photographs and fingerprints to tiro department, along with the information provided by the sexual offender. The sheriff shall eroMptly provide to the department the Information 'coalface from the sexual offender. (3) Within 18 hours after the report required under subsection (2), a sexual offender shall report in person et a dale's license office of the Department of Highway Safety and Motor Vehicles, unless a driver's license or identification card that compiles with the roquiremtmts of L. a2.141(3) was previously secured or updated under s. 944.607 At rho driver's license office the soirrar offortdor (a) if othorwiso qualified, secure a Florida, dr Ivor's license, renew a Florida drivers neon" or socuro an Identification card. The soma offondor shall identify himself or herself as a sexual offender who is required to comply with this Fraction and shall provide proof that the sexual offender reported as required in subsection (2). The sexual offender shall provide any of the Information spectfiod in subsection (2), if requested. The sexual offender shall submit to tin, salmi of is photograph for use in issuing a drivers license, ronowad license. or identification card, and for use by the department in maintaining current records of sexual offenders. EFTA00233546

JUN-27-2008 FRI 03:35 PM FAX NO. 5618358691 P. 07 (bi Pay the costs assessed by the Department of Highway Safety and Motet Ye/delfts for issuing or ft:flowing n giver's Ikons° or identification cord es required by this section. The driver's license or Identification card iris loci must be Incompliance with s. 322.14113). (c) Provide, upon recluse. any additional information necessary to confirm the Identity of ti ie sexual offender, including e sat of fingerprints. Mffel each time a sexual offender's driver's license or identification card is subject to renewal, end, 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 tomporary residence or change in trio offender's nano 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 requiromants specified in subsection (3). The Dcpstmont of Highway Safety and Motor Vehicles shalt forward to the department all photographs and information provided by sexual offenders, Notwithstanding the sestdctiosis set forth in s. 122-142, the Department of Highway safety and Motor Vehicles i s authorited to release a 'reproduction of a color photograph or digitaldmago license to the Department of Law Enforcemem for purposes of public notification of sexual offenders as provided in this section and ss. tg.043 ond ItfiDS. fl2d A sexual offender who vacates 41 permanent residence and fails to establish or maintain another permanent or temporary residences thrall, within 48 hours after vacating the permanent residence, report in person to the sheriffs office of tho county in which he or she Is located. The sexual offender shall spncify the date upon which he or she intends to or did vacate such residonco. The sexual offender must provide or update all of the registration information required undor paragraph (2)(b). The sexual offender must provide an ackircrz for the residence of other location that ha or she is or will be occupying during the time in which ho or she lone to establish or maintain a permanent or temporary rash:lent°. (c) A sexual offender who reniains at a permanent residence after reporting his or her Intent tc vacate such residenceshall, 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 0s) for the purpose of reporting his or her address at such tandem°. When the sheriff rot-Dives the report, tho sheriff shall promptly convey the information to the department. An offender who n ethos a report as required under paragraph (b) but fah to make a report as required under this paragraph commits a felony of the second degree, punishable as provided in s. 775.082, s. jr.i.014, or s. 7715.084. (d) Asexual offender must: register any dectronic mail address or instant message name with the deportment prior to wing 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 ail electronic mail Matron and instant message rune information. IS) This section doers not apply to a sexual offender who is also a sexual predator, as defined lit a. 7:75.21, A simnet predator must register as required under s. (6) County and local law enforcement agencies, in conjunction with the department, shall verify the addressor of visual offender; who ate not ender the care, custody, control, or supervision of the Departmont of Correction. in a manner that is consistent with the proeftlion; of the federal Adam Welsh Child Protection and Safety Act of 2006 arid any other fodoral standards applicable to such verification or required to be mot as a condition for the receipt of federal funds by the *eta. Local law enforcement agencies shall report to the deportment :my failure by a sexual offender to comply with registration requirements. EFTA00233547

JUN-27-2008 FRI 03:35 Pfl FAX NO. 5618358691 P. 08 (7) A sexual offender who intends to establish residence in another state or jurisdiction other than tho State of Florida shalt report in parson to the sheriff of the county of currant redence within 48 hove; before the date ho or she intends to lease this state to establish residence In another state or jurisdiction. 11* notification must include the address, municipality, county. and state of intended residents. The sheriff shall promptly provide to the department the information received from the Soxual offender. The department shall notify the statewide law onforcoment agency, ore comparable agency, in the Intends state or jurisdiction of rosicionco of the amulet offender's intended residence. The failure of a sexual offender to provido his Of her intended place of residence is punishable as provided in subsection (9). fa) A sexual offender who indicates his or hor intent to reside in another state or jurisdiction other than the Stec of Florida and later decides to remain in this state shall, within rat hours after the date upon which the sexual offender indicated ho or she would leave this state, capon in potion to the sheriff to which the sexual offender reported tho intended change of residence, and report his or her intent to train 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 tiro sheriff ca tho manner required by this subsection commits a felony of the second degree, punishable presided in s. VS O82, s. PFA.Cea, or s. 221.904. i9)(a) A sexual offerdor who drum net comply with the requirements of this section commits a felony of the third degree, punishable as provided ins. rx1APIZ, s. 77,1i.0O, or s Macallat (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 seen( 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 boon provided and advisod of his or het statutory obligations to resistor under subsection al, the sargica of an information or a complaint for a violation of this section, or an arraignment on charges for e Wotation 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 arraign mem constitutes grounds for a subsequent charge of fattest to register. A sexual offender charged with the aims of failure/ to register who atom, or intends to assort, a tack of notice of the duty to register ea a &fore to a charge of failure to register shall ininodiatoly rooistor es required by this section. A sexual offender who Is charood with a subsequent failure to register may not assert the defense or a lack of notice of the duty to register. (eh Rogfaration following such arrest, service, or arraignment is not a defense and deco not relieve the sorrel offender of criminal liability for the fallen., to aviator'. (10) The department, the Department of Highway Safety and Motor Vehicles, the gopartinont of Corractiore, the Department of Juvenile Justice, any law enforcement agency in this state, end the personnel of these dopartmants; an elected or appointed official, public employee, or school administrator; or an employe, agency, or any Individual or entity acting at the raciest or upon the dirocuon of any law enforcement agency is immune from chill liability for damages for Rood faith compliance with the requirements of this section or for the release of Information under this cation, and shall be presumed to haws acted in good faith in compiling, recording, Reportino, or releasing the information. The preemption of good faith is not ovorcome if a technical or clerical error Is made by the department, the Dapartinont of Highway Safety and Motor Vehicles, the Department of c.orractions, the Department of Juvenile EFTA00233548

JUN-27-2008 FRi 03:36 PM FAX NO. 5618358691 P. 09 Jostle.% the penis:viol of these departmtmts, or any individual or entity acting et the requct.i or upon the direction of any of those departments In compiling or providing Information, or I; Internettoo is incomplete or inconoct because a sexual offender fails to report or falsely mores hit or her cunt tut place of permanent or temporary rosidonco. (11) except as provided ins. 943.04354, e sexual offender must maintain registration with the department for the duration of his or tsar life, unless the sexual offender has received a full pardon or has had a conviction set aside in a postconvietion procooding for any offense that moots the critaria for clessilyine tho per.;on as a sexual offender for purposes of reebtratioli. However, a sexual offondor: fall. Who has been lawfully released from confinement, sursomislon, or sanction, whlchevcr is later, for at luau 25 years and has not been arrested for any felony or misdemoenor offense since roloaso, provided that the retail offender's roquiromont to mighty was not based upon on adult conviction: a. Pore violation of s. 7.1„,7 crt or s. ZQZ.92; b. For a violation of s, 794.011, excluding s. 794.011(10); C. Fora violation of Si A00-04(4101 where the court finds the offense hwolvod a victim under 12 years of age or sexual activity by the use of fordo or coercion; d. For a violation of s. ggp.04i5)(b); • a. For a violation of s 800,01(5)c.2. whore trio court finds the of Viso involved unclothed genitals or genital area; f, For any attempt or conspiracy to commit any such offonso: or g. For a violation of ;linear law of another jurisdiction, may petition the criminal division of the circuit court of the circuit in which thu sexual offender rack e% for tho purpose or removing the requirement for registration as a sexual offender. 2. The court may grant or deny relief if the offender demonstrate* to the court that he or siva has not boon arrested for any crime since release; the requested relief complies with the provisions of tho federal Adam Walsh Child Protection and Safety Act of 2006 and any other federal standards applicable to the removal of rogistration requirements for a sexual offender or required to be met as a condition for tho receipt of federal funds by the state; and tho cart is otherwise satisfied that the offender is not a current or potential throat to public safety. The stet° attorney in the circuit in which the petition Is flied must be given erotica of the petition at Iciest 3 weeks before the heroine on the natter. The state attorney may present variance in opposition to the requested relief or may otherwise domonstrata the reasons why the petition should be defect If the court denies the petition. the court may sot a future date at which the sexual offender may again petition the court for roller, subject to the standards for relief provided in this subsection. 3. Tho department shall romovo en offondor from classification as a sexual offender for purposes of registration If the offender provides to that dopartment a certified copy of the court's written findings or order that Indicates that the offender is no longer regairod ko comply with the requirements for registration as a sexual offender. EFTA00233549

JUN-27-2008 FRI 03:36 PM FAX ND, 5618358691 P. 10 (b) As defined in sub-subparagrapli (1)(a)1.b. must maintain registration with this department for the duration of Ho or her life until the person providos the deportment with an order issued by the court that designated tho paten to 3 'onto( predator, as a scoctutity violent predator, or by another sexual offender designation in the stew or jurisdiction In which the order was Issued which states that such designation has boon removed or demonstrates to the department that such dosignation, if ROt imposed by a court, has been removed by operation of law or court order in the state or Jurisdiction In which the designation was made, and provided such ponon no longer meets the criteria for registration as a sexual offender under the laws of this state. (12) The Legislature finds that 733143I offenders, especially these who have committee offenses against minors, of ton pace a high risk of engaging In sexual offenses oven after being Sesser) from incarceration ar commitment and that protection of the public from sexual offenders Sc a paramount government interest. Sexual offenders hairy a reduced expectation of privacy because of the public's Intees=, In publiczloty and in the effective operation of fiovornment. Releasing information concerning sexual offenders to law enforcement agencies and to persons who request such information, and the release of such information to tho public by a taw enforcement agency or public agency, will further the governmentel interests cf public safely. The designation of a person 35 a 5CW31 offender/ Is not a sentence or a punishment but is simply tho status of the offender which is the result of e conviction for having committed cortain crimes. (13) Any person who 4tø racoon to believe that o sexual offender is not complying, or lies nett complied, with the requiremonts of this section and who, with theintent to assist the sexual offender in eluding a law enforcement agency that Is seeking to find the sanest offender to question the sexual offender about, or to arrest thct flaunt offender for, his or hor noncompliance with the requirements of this section: (a) Withholds information from, or does not notify, the taw enforcement agency about the sexual offender's noncompliance with the requiremonti of this section, and, if known, the whereabouts of the sexual offender; (b) florbon, or attempts to harbor, or ordsb another person in harboring or attempting to harbor, the soxtrat offender; or (c) conceals or attempts to concerti, or insists another person In concealing or artompting to concoct, the sexual offerdart or (d) Provides information to the Lew enforcement agency regarding the sexual offender that the ponon knows to be false information, commits a felony of the third degree, punishebto as provided in s. 775.082, s. 7/5.0(2 or s. 775.084. (14)(a) A sexual offender must report in person each yew during the month of the sexual offender's birthday and during the sixth month following the sexual offender's birth month co the sheriffs office in the county in which ho or she resides Of is otherwise located to reresehler. (b) However, asexual offender who is required to register as a result of a conviction for: 1. Section 787,01 or s. 787.02 where the victim h a minor and the offender Is not the victim s parent or guardian; EFTA00233550

JUN-27-2008 FRI 03:37 PH FAX N3. 5618358691 2. Soction z94,211, oxcludirrg s. 794.011(10i; 3. Setton 1100. f4)(b) whom the court finds the ottens() Inooloocr a ulltim under 12 years of age or sexualiletivIty by ltr LI34, of force or coercion; 4. Soction 600.01(5)fb),: 5. Selt-tint, BOO,Q4(5)(c)1. who«, the court finds molestation invoMno unclothad genitals or gomtetMer— a. Saction 800.04(5)c.2. where the court finds molostation (notving uneloihed genital; or genital emmi: 7. Socuor, Boa D4f5)(d) waoro tho court finds the ‘iso of foren ar coarcion and unclothed genitals or gonitel area; a. Any at:tomat er complracy to tornrest Al& offense; or 9. A violation of a siingar taw of another jurbdietion, must reregistor &sch year during the month of the wxual crifencler's hirthday and <>very ;hird Month thereuftor. lo) Tho slmrifis °Pica may eictermlne the appropriate timos and dags for reporting by the statue( affender, which :hall bo consisbant with ase reporting nagulmmonts af Uns subsecti el I. fieregistration shall Meidde any chemise to the, following information: 1, Name; sotsal socUrity nurober; age; race; sex; dato of bIrth; hoight; weIght; halt and mp colon addrecs of any permanent rendene and addrets of any cirront temporary resIdence, within the stabs or out of state, inclutling e rurat routeaddross and a post office box; any caloctronic mag addrem and any intant mosane nam; soulrad to bo providen persuant to paragraph (4)(d); date and plata of any employment; whicte make, modal, color, and titene*. tag nurober; %%eigi ints; and photograph. A post office box shift( not bopron-lcd In boa af physieat resident:fal address. 2. If the saxtal *frender is enrollod, omployed, or tenying on a ',kation at an fnstItution or high.« oducatiori in this nto, eho sexual °fiender slatt als* prooldo to the department the nam°, atddross, and county of ranch institutlon, including nach campus attended, and the sexual offondet's onrollrnont or ornploymant status. 3. If the smal offondoes placo of residente is a motor veitte, trollut, mobile homo, or manufacturod homo, as deflnad in chaptor 320, ti» sextust offondor %hag alv) provide the vehicto idontifleation number; the Uconso tag nurober; the registraton tamebor; and o doscriptIon, inctuding .efor schome, of the motor vablete, trailer, Mobile homo, or MandfaCturlid home. If tho sexual offentier's plata of residence is a avissal, liaewsboarcl vassol, or houseboet, as dofinad in chaptor 327, the sexual offandar shali also provide the hull Identifictation nutubor; the manufacturer's soria( nernber; the num° of tho vassot. (too-nboard uenig, or houseboot; the rogistratIon nutubor; and a descrlption, Indexting color schema, of the versal, lber-aboard rost or housaboat. 4. Any sexual offondor who faits to report in person as matglad at the sheriffs °file°, or w!w falls to renpond to any addreres warificatlen corrospondonco from tho dopartrnont roteple 3 ~eks of tho date of tho correspondanco or who falls to reffort eteetronio man addrol'n% or EFTA00233551

JUN-27-2008 FRI 03:37 PM FAX NO. 5618358691 P. 12 instant message names, commits a felony of the third dogma, punishable as provided in 5. 375.082, S. 778.083, ors. 775.084. (d) The sheriffs offieo shell, within 2 woridng days, electronically submit and updato all information provided by tho saxual offender to the department in a manner proscribed by the department, EFTA00233552

JUN-27-2008 FRI 03:37 PM FAX Na 5618358691 P. 13 948.30 Additional terms and conditions of probation or community control for certain sex offenses.--Conditions imposed pursuant to this section do not require oral pronouncement at the time of sentencing and shall be considered standard conditions of probation or community control for offenders specified in this section. (1) Effective for probationers or community controllees whose crime was committed on or after October 1, 1995, and who are placed under supervision for violation of chapter 794, s. 800.0, s. 827.071, or s. 847,0145, the court must impose the following conditions in addition to all other standard and special conditions imposed: (a) A mandatory curfew from 10 p.m. to 6 a.m. The court may designate another 8-hour period if the offender's employment precludes the above specified time, and the alternative is recommended by the Department of Corrections. If the court determines that imposing a curfew would endanger the victim, the court may consider alternative sanctions. (b) If the victim was under the age of 18, a prohibition on living within 1,000 feet of a school, day care center, park, playground, or other place where children regularly congregate, as prescribed by the court. The 1,000-foot distance shall be measured in a straight line from the offenders place of residence to the nearest boundary line of the•school, day care center, park, playground, or other place where children congregate. The distance may not be measured by a pedestrian route or automobile route. (c) Active participation in and successful completion of a sex offender treatment program with qualified practitioners specifically trained to treat sex offenders, at the probationer's or community controllee's own expense. If a qualified practitioner is not available within a 50- mile radius of the probationer's or community controllee's residence, the offender shall participate in other appropriate therapy. (d) A prohibition on any contact with the victim, directly or indirectly, including through a third person, unless approved by the victim, the offender's therapist, and the sentencing court. (e) If the victim was under the age of 18, a prohibition on contact with a child under the age of 18 except as provided In this paragraph. The court may approve supervised contact with a child under the age of 18 if the approval is based upon a recommendation for contact issued by a qualified practitioner who is basing the recommendation on a risk assessment. Further, the sex offender must be currently enrolled in or have successfully completed a sex offender therapy program. The court may not grant supervised contact with a child if the contact is not recommended by a qualified practitioner and may deny supervised contact with a child at any time. When considering whether to approve supervised contact with a child, the court must review and consider the following: 1. A risk assessment completed by a qualified practitioner. The qualified practitioner must prepare a written report that must include the findings of the assessment and address each of the following components: a. The sex offender's current legal status; b. The sex offender's history of adult charges with apparent sexual motivation; c. The sex offenders history of adult charges without apparent sexual motivation; EFTA00233553

JUN-27-2008 FRI 03:37 FM FAX NO, 5618358691 P, 14 d. The sex offenders history of juvenile charges, whenever available; e. The sex offender's offender treatment history, including consultations with the sex offenders treating, or most recent treating, therapist; f. The sex offenders current mental status; g. The sex offenders mental health and substance abuse treatment history as provided by the Department of Corrections; h. The sex offenders personal, social, educational, and work history; i. The results of current psychological testing of the sex offender if determined necessary by the qualified practitioner; j. A description of the proposed contact, including the location, frequency, duration, and supervisory arrangement; k. The child's preference and relative comfort level with the proposed contact, when age appropriate; 1. The parent's or legal guardian's preference regarding the proposed contact; and m. The qualified practitioners opinion, along with the basis for that opinion, as to whether the proposed contact would likely pose significant risk of emotional or physical harm to the child. The written report of the assessment must be given to the court; 2. A recommendation made as a part of the risk assessment report as to whether supervised contact with the child should be approved; 3. A written consent signed by the child's parent or legal guardian, if the parent or legal guardian is not the sex offender, agreeing to the sex offender having supervised contact with the child after receiving full disclosure of the sex offenders present legal status, past criminal history, and the results of the risk assessment. The court may not approve contact with the child if the parent or legal guardian refuses to give written consent for supervised contact; 4. A safety plan prepared by the qualified practitioner, who provides treatment to the offender, in collaboration with the sex offender, the child's parent or legal guardian, if the parent or legal guardian is not the sex offender, and the child, when age appropriate, which details the acceptable conditions of contact between the sex offender and the child. The safety plan must be reviewed and approved by the court; and 5. Evidence that the child's parent or legal guardian understands the need for and agrees to the safety plan and has agreed to provide, or to designate another adult to provide, constant supervision any time the child is in contact with the offender. The court may not appoint a person to conduct a risk assessment and may not accept a risk assessment from a person who has not demonstrated to the court that he or she has met the requirements of a qualified practitioner as defined in this section. EFTA00233554

JUN-27-2008 FRI 03:38 PM FAX NO. 5618358691 P. 15 (f) if the victim was under age 18, a prohibition on working for pay or as a volunteer at any place where children regularly congregate, including, but not limited to, schools, day care centers, parks, playgrounds, pet stores, libraries, zoos, theme parks, and malts. (g) Unless otherwise indicated in the treatment plan provided by the sexual offender treatment program, a prohibition on viewing, accessing, owning, or possessing any obscene, pornographic, or sexually stimulating visual or auditory material, including telephone, electronic media, computer programs, or computer services that are relevant to the offender's deviant behavior pattern. (h) Effective for probationers and community controllees whose crime is committed on or after July 1, 2005, a prohibition on accessing the Internet or other computer services until the offender's sex offender treatment program, after a risk assessment is completed, approves and implements a safety plan for the offender's accessing or using the Internet or other computer services. (i) A requirement that the probationer or community controllee must submit a specimen of blood or other approved biological specimen to the Department of Law Enforcement to be registered with the DNA data bank. (j) A requirement that the probationer or community controllee make restitution to the victim, as ordered by the court under s. 775.089 for all necessary medical and related professional services relating to physical, psychiatric, and psychological care. (k) Submission to a warrantless search by the community control or probation officer of the probationer's or community controllee's person, residence, or vehicle. (2) Effective for a probationer or community controllee whose crime was committed on or after October 1, 1997, and who is placed on community control or sex offender probation for a violation of chapter 794, s. 800.04, s. p27.071, or s. 847.0145, in addition to any other provision of this section, the court must impose the following conditions of probation or community control: (a) As part of a treatment program, participation at least annually in polygraph examinations to obtain information necessary for risk management and treatment and to reduce the sex offender's denial mechanisms. A polygraph examination must be conducted by a polygrapher trained specifically in the use of the polygraph for the monitoring of sex offenders, where available, and shall be paid for by the sex offender. The results of the polygraph examination shall not be used as evidence In court to prove that a violation of community supervision has occurred. (b) Maintenance of a driving log and a prohibition against driving a motor vehicle alone without the prior approval of the supervising officer. (c) A prohibition against obtaining or using a post office box without the prior approval of the supervising officer. (d) If there was sexual contact, a submission to, at the probationer's or community tontrollee's expense, an HIV test with the results to be released to the victim or the victim's parent or guardian. EFTA00233555

JUN-27-2008 FRI 03:38 PM FAX NO. 5618358691 P. 16 (e) Electronic monitoring when deemed 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. (3) Effective for a probationer or community controllee whose crime was committed on or after September 1, 2005, and who: (a) Is placed on probation or community control for a violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s. 847,0145 and the unlawful sexual activity involved a victim 15 years of age or younger and the offender is 18 years of age or older; (b) is designated a sexual predator pursuant to s. 775.21; or (c) Has previously been convicted of a violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071 or s. 847.0145 and the unlawful sexual activity involved a victim 15 years of age or younger and the offender is 18 years of age or older, the court must order, in addition to any other provision of this section, mandatory electronic monitoring as a condition of the probation or community control supervision. EFTA00233556

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 2008CF009381A STATE OF FLORIDA vS. JEFFREY EPSTEIN, Defendant. MOTION TO CLARIFY SENTENCE TO CORRECT SCRIVENER'S ERROR COMES NOW the Defendant, JEFFREY EPSTEIN, by and through his undersigned attorney and moves this Honorable Court to enter an Order clarifying the sentence to correct a scrivener 's error contained in the sentencing documents in the Defendant's case. In support thereof the Defendant would state as follows: 1. The Defendant was charged by Information in the above referenced case and the case was assigned to Criminal Division "W'. 2. The case was resolved by a guilty plea after plea negotiations between the parties. It was a condition of the plea negotiations that the case be resolved on June 30, 2008. 3. The case was scheduled for a plea conference on June 30, 2008 in Criminal Division "W', the division that this case and the companion case had always been assigned to. On that date, retired Judge Deborah Pucillo was substituting for the assigned Division "VV' judge, Sandra McSorley, because Judge McSorley would not be sitting on that day. 4. Judge Pucillo handled all cases assigned to Division "W' on June 30, 2008 including that of the Defendant. SCANNED DEC 0 8 2008 EFTA00233557

• • 5. The Defendant, Jeffrey Epstein, entered his guilty pleas on June 30, 2008 in Division "W' before Judge Pucillo. All plea documents and court commitments from court on June 30, 2008 reflect that this was a Division "W" case and was being resolved in Division "W', the division the case had always been assigned to. 6. As part of the negotiated settlement of the case, the Defendant was sentenced to a twelve month sentence in Case No. 2006CF009454AXX, followed by a six month sentence on this case, consecutive with the first twelve month sentence in the in Case No. 2006CF009454AXX. The Defendant is sentenced to twelve months of community control I consecutive to the two above referenced jail sentences. The community control sentence begins only after the two jail sentences have been served. 7. On July 18, 2008 Judge Sandra McSorley, the permanent judge assigned to Division "W', signed an Order of Community Control, without notice to the parties, nunc pro tunc to June 30, 2008. The reason for this is that the substitute judge had neglected to sign an Order of Community Control in this case at the time of the plea. See the Order of Community Control attached as Exhibit "A". 8. The Order of Community Control signed by Division "W' Judge McSorley on July 18, 2008, contains a minor scrivener's error that needs to be corrected. The Order of Community Control could be misinterpreted to suggest that the Defendant was placed on community control on June 30, 2008 based on the box that the clerk checked in error when preparing the Order of Community Control. 9. The parties agree that the Defendant's twelve month sentence on Case No. 2006CF009454AXX is followed by a six month sentence in the instant case. The parties agree that the one year period of community control is to only begin after the Defendant EFTA00233558

has completed his jail sentences. 10 Assistant State Attorney Lanna Belohlavek does not to object to Motion to Clarify Sentence to Correct Scrivener's Error. WHEREFORE the Defendant moves this Honorable Court to enter an Order correcting the scrivener's error in the original Order of Community Control clarifying the intent to the parties that the Defendant's community control sentence begins only after his jail sentence terminates. I HEREBY CERTIFY that a copy of the foregoing has been furnished by mail to Lanna Belohlavek, State Attorney's Office, 401 North Dixie Highway, West Palm Beach, Florida 33401, this 41h day of December, 2008. ATTERBURY, GOLDBERGER & WEISS, P.A. STATE OF FLORIDA • PALM BEACH COUNTY I hereby certify that the tore Inn is a true copy cor in my office. By DEPUTY CLERK EFTA00233559

11/25/2088 15:'18 • STATE OF FLORIDA Plaintiff -VS- JEFFREY E. EPBT!JN Defendant IN THE Furnarra JUDICIAL . CIRCUIT COURT, IN AND FOR • PALM BEACH COUNTY ' assNUMBER DIVISION ' DCNUMBER CIRCUIT NUMBER: BENEZI&VIIM2MQ FICSOPLEY "Vic W35755 15-4/JAIL- SPLIT ORDER OF COMMUNITY CONTROL I This cause coming before &Caul to be bead, and you, the defendant, being now present hefore the court, and you having E entered t plea of guilty to K entered a plea of nolo contendere to Count L K been found guilty by jury verdict of K been found guilty by rho court trying the case without a jury of PROCUREPERSON UNDER AGE OF 18 FOR PROS1ITUTION SECTION I: JUDGMENT OF GUILT tE The court hereby adjudges you to be guilty of the shot offease(s). Now, therefore, it is ordered and adjudged that the impcoition of sentence I. hereby withheld and that you be placed on Probation I for a period of under the supervision of the Department of Corrections, subject to Florida law. SECTION 2t ORDER WITBROLDING ADJUDICATION K Now, therefore, it is ordered end adjudged that the adjudication of guilt is hereby withheld and that you be placed on Probation for a period of_ under the supervision of the Department of Corrections, subject to Florida law. SECTION 3: INCARCERATION DURING PORTION OF SUPERVISION SENTENCE It is hereby ordered sad adjudged that you be: committed to the Department of Corrections or K confined in the County Jail fora kern of with credit for jail time. After you haw mewed of the tens, you shall be placed on Probation for a period of under time supervision of the Department of Corrections, subject to Florida law. Or El confined in the County All for a term of -- COMMUNITY CONTRQL 1 CONSECUTIVE TO THE (121MONTI1 SENTENCE IN CAStit 2D08CF00945AAMB with credit for ONE ID DAY jail time, as e special coalition of supervision. VE f12 Page 1 of 8 1VNINIEO mow D 13%114003 H3V38 InVd A13143 1I3O8 flOSVHS , SS tit Wd i Z ier BUZ Form Revised 03-16-08 EFTA00233560

ULKWII UCLA net au ens • • • • 3EPPREF EPSTEIN CASE0502008CF009381AXXX.MB • • IT IS FURTHER ORDERED that you shall comply with the following gisndscd condition! of aurrervision as proyided by Florida (I) Yon will report to thaprobtitiOn of toe ea directed. Not later than the fi0h day of each month, unless otherwise directed, you will • ' make a full and truthful mon to yotr officer on the fornf provided for that purpose. (2) You will pay the State of Florida the amount of 350.00 per month, as well al 4% surcharge, toward tho post of your supervision in accordance with e. 948.09,F.S„ unless otherwise exempted in compliance with Florida Statutes. . . (3) You will remain in a spiv:Mod place. You will not change your residence or employmont or leave the cony of your maiden« without first procuring the consent of your officer. •.,. (4) You will not possess, carry or own any freenn or weapon, unless authorized by the cowl. (5) You will live without violating the Jew. A conviction in a cowl o£ law shall not be necessary for such a violation to constitute a violation of your probatioilcommuoity control. (6) You will not associate with any person engaged in any criminal activity. (7) You will not use intoxicants to croon; or possess any drugs or narcotics unless prescribed by a physician. Not will.you visit places whew intoxicants, drugs or other dangerous substances are unlawfully sold, dispensed'or used. (8) You will work diligently et a lawful occupation, advise your employer of your probation status, and support any dependents to the but of your ability, as directed by your officer. (9) You will promptly and truthfully answer all inquiries directed to you by the court or the officer, and allow your officer to visit in. your home, al your employment site or elsewhere, and you will comply with all instructions your officer may give you; (10) You will pay restitution, coon wets, andkr fees in accordance with special conditions imposed or In accordance with the attached orders. • (11)You will submit to random testing at directed by your officer or the professional staff of the treatment center where heishe is receiving treatment to deurmino the presence of alcohol or Magni drugs. You will bo required to pay for the tests unless exempt by the court. (12)You will submit two biological specimens, as directed by your officei, for DNA analysis as prescribed is ss. 943.325 and 948.014. F.S, (I3)You will report in person within 72 hours of your release from incareenttion to the probation office in PALM BE County, Florida, unless otherwise instruoted by the court or department. (This condition applies only if section 3 on the previous page is oheokod.) Othenvis ea yen must report immediately to the probation office located at 3444 SOUTH CONGRESS AVENUrn JAKE WORTH J. 334.61, Page 2 of 8 Form Reviled 03.18-08 EFTA00233561

11/25/2008 1572a . 3tit. ustetiu i isit.thisto r,:uc o6r uo MOREY EPSTEIN CASEa5020DBCFD09381AXparta SPECIAL gown-loss 1. You mutt undersea Dmg sod Alcohol evaluation end, if treatment Is dawned necessary, you must successfully complete the treatment, and be responsible for the payment of any caste inourred while receiving said evaluation and treatment, union waived by the court Additional instructoolordered: K 2. You will make msdlthion to the following viedra(s), as directed by the court, until the obligation is paid in full: NAME: TOTAL AMOUNT; $ Additional insetted= ordared, including spooific monthly amount, begin date, due data, or otal & several: NAME: TOTAL AMOUNT s.. , • Additional instruction ordered, including peoI5c monthly amount, begin date, duo date or joint &several: srzcIAL CONDITIONS— CONTINUE') You will *nil. the Dopartment of Corn:Mine Non-Secure Drug Treatment Program or other residential treatment program/Probation tad Restitution Canter for a period of succenslid completion as approved by your officer. You are to remain until you suanasfidly complete sold Program arid Aftercare. You arc to oomply with all Rules and RegulationS of the Progratn. You tall be confined In the county jail until placement in said ',roarer°, and if you are confined in the jail, the Sheriff will transport you to said program. K 4. You will abstain entirely from the use of aloobol andlor illegal drugs, And you will not associate with anyone who is illegally using drugs or consuming alcohoL K 5. You will submit to urinalysis testing on a Tama& bast; to ditmmine the presence of alcohol or illegal drugs. You will be requited to pay for the tents unless exempt by the court. K 6. You will not visit any establishment where the primary business is the sate and dispensing of alcoholic beverages. K 7. You will sucocesililly complete bows of community service at a rate of , at a work site approved by your officer. Additions/ instructions ordered: K 8, You will remain at your residence between 10 p.m. and 6 am due to a curfew imposed, vnkss otherwise directed by the court. K 9. You will submit n electronic monitoring, follow the rules of electronic monitoring, and pay pa month for the oost of the monitoring service, unless otherwise diroottd by the noun. K 10. You will not minim with during the period of supervision. K I I. You will have no coma (direct or indirect) with the victim or the victim's family during the period of supervision. K 12. You will have no oonteot (direct or indirect) with during the period of supervision. K 13. You will maintain full limo oroploymont or attend school/vocational school full time or 0 combination of school/work during the term of your supervision. K 14. You will make a good faith effort toward oomplcting basic or functional litcraoy skills or a high school equivalency diploma. IS. You will auccesifully complete the Probation &Restitution Program, abiding by all rule, and rtgulatlons- Page 3 erg Penn Revised 03.18.03 EFTA00233562

Xiati • 1DI *id • " • . • El tirierstia r Litt leans, t - JEFFREY EPSTEIN CASEN502008CF00938 lArCOvIB K 16. You will anend Alcoholics Anonymous or Narcotics Anonymous meetings at least monthly, unless otherwise directed by the court K 17. You must successfully complete Ancor Mannzernant and be nrepensible for the payment of any costs incurred while receiving said treatment, unless waived. If convicted of a Demesne Violence offense, as defined is s. 741.28, F,S., you must attend and successfully complete n batterer's intentennoo program, unless otherwise directed by the court Additional truitrueders ordered: • K 18. You will amend an HTV/ADDS Awareness Program consisting of a gloss of not lean than two (2) hours or more than four (4) hours in length, the eon for which will be paid by you. • • O 19. You shall mho:diyourperson, property, piste of residence, vehicle or persontd effects to a warrantless search at any time, by any probation or con-nanny control officer or any law enforcement officer. 20. DEFENDANT MUST REGISTER AS A SEXUAL OFFENDER WITHIN 48 HOURS OF RELEASE • 21. AS A SPECIAL CONDITION OF HIS COMMUNITY CONTROL, ME DEFENDANT IS TO HAVE NO UNSUPERVISED CONTACT WITH MINORS, AND THE SUPERVISING ADULT MUST BE APPROVED BY THE DEPARTMENT OF CORRECTIONS 22 THE DEFENDANT IS DESIGNATE!) AS A SEXUAL OFFENDER PURSUANT TO FLORIDA STATUTE • 943.05 AND MUST ABIDE BY ALL THE CORRESPONDING REQUIREMENTS OF TILE STATUTE, A COPY OF WHICH IS ATTACHED HERETO AND INCORPORATED HEELED., lieD 23. DEFENDANT MUST PROVIDE A DNA SAMPLE IN COURT AT THE TIME OF THIS PLEA. E 24. SPECIFIED CONTACT WITH THE PAROLE AND PROBATION OFFICER O 25. CONFINEMENT TO AN AGREED-UPON RESIDENCE DURING HOURS AWAY FROM EMPLOYMENT AND PUBLIC SERVICE ACTIVITIES 23 26. MANDATORY PUBLIC SERVICE ▪ 26. SUPERVISION. BY THE DEPARTMENT OF CORRECTIONS BY MEANS OF AN ELECTRONIC MONITORING DEVICE OR SYSTEM • 27, ELECTRONIC MONITORING 24 HOURS PER DAY E a CONFINEMENT TO A DESIGNATED RESIDENCE DURING DESIGNATED HOURS AND, IF PLACED ON DRI/Q_QEFIEL(DER PROBATION, YOU WILL COMPLY WITH THE FOLLOWLYG CONDITION OF SUPERVISION IN ADD/TION TO THE STANDARD CONDITIONS LISTED ABOVE AND ANY OTHER SPECIAL CONDITIONS ORDERED 15Y THE COURT: (14)You will participate in a specialized drug treatment program, either as an in•padcnt or outpatient, as recommended by the treatment provider. You AI attend all counseling sessions, submit to random urinalysis and, if an in-patient, you will comply with all operating mks, repletion, and procedures of the sr:timers facility. You will pay for all costs associated with treatment and testing unless otherwilo directed. Additional instructions ordered: (15) You will ranein at your residence between pa and Lin duo to a curfew imposed. unless otherwise directed by the court AND, IF PLACED ON COMMUNITY corn-Rot YOU wait, COMPLY WITH THE FOLLOWING CONDITIONS, IN ADDITION TO THE STANDARD CONDITIONS LISTED ABOVE AND ANY OTHER SPECIAL CONDITIONS ORDERED BY THE COURT: Page 4 of 8 Form Revised 03.18-08 EFTA00233563

11/25/2008 15:28 35 26 • elkeut r creamy. 'mine "obititie " • JEFFREY EPSTEIN CASEtt502008CF009381AXYJtMEI (14)You will roped to your officer a directed, atleasi one trine a Week, unless you bays written consent otherwise. (15)You will remain confuted to your approved rtaldcncc except for one half how before and after your approved employment. public servle.e work, a any other special activities approved by your officer. . • . • ()6)You will maintain en hourly accounting of all your activities on a daily log, which you will submit to your oTheer on request. (17) You will successfully complete hours of community service at a rate of _, at a work eitc approved by your officer. Additional inemxtiohs ordered:. ' (18) You will submit to electronic monitoring, follow tie roles of Mania monitoring. end pay for die cost of the monitoring service, unless otherwise directed by the court. per moat MD, IF PLACED ON PROVIDED IN CHAPTER 224, t 800.04,1. 82/.071, or s.,47,0145, COMMITTED ON OR ATTIE OCTOBER 1.1995 YOU WILL COMPLY WITH • TEE FOLLOWING STANDARD SEX OFFENDER CONDITIONS, INADDITION TO THE STANDARD CONDITIONS • 'LISTED ABOVE AND ANY OTHER SPECIAL CONDITIONS ORDERED BY THE COURT: : O4)A mandatory curfew front 10 p.m. to 6 a.m. The court may designate another 8-hour period if the offender's employment preoludes the above specified time, and the alternative ie recommended by the Department oftorroctions. If the court determines that imposing a curfew would endanger the victim, the court may consider alternative sanctions. (15) if the gleam was under the age of 18, a prohibition on living within 1,000 feet of a school, day care center, park, playground. or other place where children regularly conmagete, as prescribed by the court. T110 1,000-foot distance shall bo measured in a etralght line from the offender's place of rearm° to the neatest boundary line of the school, day care center, park, playground, or other place where childrencongregate. The distance may not be measured by a pedestrian route or automobile route. (16)Aonve participation in end successful completion of a sex offender vestment program with qualified practitioners specifically trained to neat am offenders, at the offender's own expense. If e qualified practitioner is not available within a 50-mile radius of the offender's residence, the offender shall participate In other appropriate therapy. (17)A prohibition on any contact with the victim, directly or indirectly, Including through a third person, unless approved by the victim, the offender's therapist, and the sentencing court (18)11 the victim was under the age of 18, a prohibition on contact with a Mild under the age of 18 except as provided in this paragraph. The court may approve supervised contact with a child under the age of 18 if the approval is based upon a recommendation for contact issued by a qualified proodtioner who is basing the recommendation on a risk assessment. Further, the sox offender must be currently enrolled in or have successfully completed a sex offender therapy program. no COWS may not grant eupervised contact with a ohild if the contact is not recommended by a qualified procdtioner and may deny supervised contact with a child at any time, (19)1f the victim was under age 18, a prohibition on working for pay or as a volunteer at any place where children regularly congregate, including, but not limited to any school, daycare center, park, playground, pet store, library, zoo,therne park, or mall. (20)Unless otherwise indicated in the treatment plan provided by the eerie! offender °Emmem program, a prohibition on viewing, myosins, owning, or 'amassing any obscene, pornographic, or sexually stimulating visual or auditory material. including telephone, electronic media computer programa, or computer smilers that we relevant to the offender's deviant behavior pattern. (21)A requirement that the offender submit two specimens of blood or other approved biological specimens to the Florida Department of Law Enforcement to be registered with the DNA data bank. (22)A requirement tint the offender make matitullon to the victim 03 ordered by the court under s. 775,089, for all necessary medical end related professional services relating to physical, meanie, and psychological cam. (23)Submisslon to a warrantless search by the community control or probation officer of the offender's person, residence, or vehicle. Page 5 of 8 Form Revised 03.18.08 EFTA00233564

_ . . -iii1•014tXiti art; to to %A.sividir VA.114.1. . , , eta • • • JEFFREY EPSTEIN CASF4502008CF009381AX)0(ME • pnerws FOR PROBAIIONZLOR COMMUNITY CONTROLLEE WHOSE CRIME WAS COMMTTEI) ON OE. - . , •• . Ann OCTOBER 1,1597 pj4D WHO IS • • MR A VIOLATION OF CHAPTER .22,4, a. 110%04, 6.1127.071, or a. 847.014‘ DI ADDITION TO ANY. OTHER.PROVIS7ON : • „... OP THIS SECTION, YOU MUST COMPLY WITH THE FOLLOWING CONDITIONS OF SUPERVISIONt. • . • . • (24) As past of a treatment program, putkipation at least annually in polygraph culminations to obtain information necenuy flars184. . •: management and treatment and to reduce the sex offender's denial mechanisms. A polygraph examination mnst be conducted by a . • polygrapher trained specifically in the use of the polygraph for the monitoring of sex offenders, where available, and shall be paid • . , . . . • by the sex offender. (25)Maintenance of a driving log and a prohibition against driving a motor vehicle alone without the prior approval of the supervising officer. (26)A prohibition against obtaining or using a post office box without the prior approval of the supervising officer. . . . . • . (27)If them wee sexual contact, a submission to; at the offender's expense, an FIW test with the 'results to be released to the vino 1 .. . , • • • and/or the .victim's pitent or guardian. ,.. . • • • . . . : . • (E8)Ekotronio monitoring when deemed necessary by the probation officer and supervisor, and ordered by the own at die recommendation of the Department of Correodons. .. ... • • • ... . .. — : • I ' . . ' (2E)Fiffeetive for an offender whose crime was committed on or after July 1,2005, and who are placed on supervision for violation of chapter 794,1. 800.04, a. 827.071, ore. 847.0145, a prohibition on accessing the Internet or other computer services until the offenders sex offender treatment pronto, after a risk assessment is completed, approves and implements a safety plan for the offender's accessing or using the Internet or other computer services. (30)Effeetive for offenders whose crime was committed on or after September 1, 2005, thorn 13 hereby Imposed, in addition to any other provision in this section, mandatory electronic monitoring as s condition of supervision for those who: Are placed on supervision for a violation °taborer 794,3. 800,04(4), (5), or (6), a. 827.071, or a, 847.0145 and the unlawful sexual activity involved a victim 15 years of age or younger and the offender is 18 years of ago or older, or • Arc designated es a sexual predator pursuant to a, 775.21; or • Hoe previously been eonviotod o f a violation of chapter 794,1.800.04(4), (5), or (6), s. 827.071, or a. 847,0145 and the unlawful sexual activity involved a victim 15 years of age or younger and tho offender is 18 years of ago or older. You are hereby placed on notkathat should you violate your probation or community control, and the conditions set forth in a. 948.063(1) or (2) are utlisfled, whether your probation or community control is revoked or not revoked, you shall ba placed on eleouonio monitoring in accordinoe with F.S. 948,063. • YOU ARE HEREBY PLACED ON NOTICE that tho court may at any time rescind or mod* any of the oondidons Of your probation, or may extend the period of probation at authorized by law, or may discharge you from flue= supervision. If you violate any of the conditions of your ;aphelion, you may be arrested and the court may revoke your probation, adjudicate you guilty if adjudication of pill was withbdd, and impose any sentence that it might have imposed before placing you on probation or require you to rave the balance of the sentence. Page 6 of 8 Form Revised 03-18-08 EFTA00233565

11/23/21201 o: -WAWA f Carat I JEFFREY EPSTEIN CASEE02,008EF009281AX.700vIll . ••1T 18-11RTHEE ORDERED that Witt you. tunas beeitinstructrA es tot conditions of probation, you thall be released from • • . • cultodYlf Sy am in anstorly,end if you are.atllbeity* bond, the sureties thereon shell stand discharged fermi liability, (pide . paragraph applion only if ovation I or section 2 is °beaked) • . . . • ' Pf IS IrlErfEER ORDERED that the clerk& this court the this order in the clerk's office and provide certified copies of same to: the officer for use le compliance with the requirements of law. el ?Tv tY DONE AND ORDERED, on NUM TRO'ruNc 96-]0.200% • Sandra K. hdoSorloy, Chttlit dge I aclmowledge receipt of a copy of this order end that the onsiditions have be plaited to me and ! agree to abide by them. Instructed by: Supervising Officer up/07.02.08 Defendant Page 7 of 8 ForteReviled 03.18-08 EFTA00233566

11/‘'D/ZOOO 10:10 . • $ .140 War VW JEFFREY EPSTERI CASE0502008CF009381AXXX.MB COURT ORDERED PAYMENTS ' .. CRICK ALL THAT ARE ORDERED: FINES S_ Total of fine sunned In sentence, penmen to s. 775.083 (1)(a) through (g) or Cholla 316, F.S. § . 3 Statmonly mandated 5% surcharge/cost (fine exessod (on first line) pursuant to t 938.04, F.S. Crime Stoppers Trutt Fund pursuant to s. 938.06(1), PS. 518.8awilunitiistdiant131312080 . MANDATORY COSTA MAW, CASES .0 $100,02 Additional court coot for felony offense, annum to a 93805(IX0), F.S. . O 550.00 A ddHlonal court con ler misdemeanor or criminal waffle *Rene, pureuent to s. 938.05(1)(b) or (c), F.S. 0 5_50.00 . Crimes Compensation Trost Fund pursuant too. 938.03( I ), F.S. O Lan County Crime Proventloo Food pursuant to t. 775.083P, P.S. O ; 3.02 Additional Court Costs Clearlug Trost Fund pursuant to 3.938.01(1), F.S. O 1_519.2 Per month for each month of supervision for Training Trust Fund Surcharge, pursuant to t. 948.09. P.S. MANDATORY COSTS 2N SPECIFIC TYPES OP CASES O urila Rope Crisis Program Trutt Fund, punamat to a 938.085, P.S. for any violations of ss. 784.011, 784.021, 784.03, 784041: ' 784.045, 784,048,784.07, 784.0, 784.081,784.082,784.083,784.085, or 794.011, F.S. ID FM,02 Domestic Violence Trost Fund, pursuant x3.958.08,1.3. fot my violations of ss. 784.011, 784.021, 784.03, 784.041, 784.045, 784.048,78407, 734.08, 784.081, 784082,784.083, 784.083, 794.011, or any otTenm of Dornostio Violence &scribal In 3. 74 L28, F.S. • • . . O ligia Canals Crimes Against Misers, pursuant to s. 938.10(1), F.S. far my violations of a. 784.085, chapter 787, chapter 794, a. 796.03, s. 800.04 chapter 827, s. 847.0145, or e. 995.701, F.S. ID $115.00 DUI Court Cots, pursue/At to t 938.07, F.S. for ony violetions of as. 316.193 or 327.35, P.S. O LJ,29 State Agency Law Enforcement Radio System Traci Fund, pursuant tot. 318.18(17), F.S. for any violations of offenses listed Ina. 318.17 Including et 316.) 915, 316.027, 316.0b 1, 877.111, ampler 893, U. 316,193,316.192, 316.067, 316.072(3), 516.543(1), army other offense In chapter 316 which is olessIll ad a 1 m(ming) violation. E.1 5 2.00 Criminal Rothe Educstion by Munleripshtlos and Oeuntin, prtsuont to s. 938.13, P.S. El 165.0Q Additional court costs for local requirement. and other county headed programs pursuant to le 939185(1)(a), RS. O ; 3.00 Tess Court funtUant to S. 535.18(2), DISCRETIONARY K $ 1.98 Per month during the non of supervision to the following nonprofit organization established for the solouutposo of supplomenting fro rehabilitative slims of the Deportment of Cr:Sentient Fornicate a. 948.039(2), RS: K NAUQ Public Defender Apollonon Fee, If not mcvlously collected or waived, persvent tote 27.52 coda 93829, F.S. O Public Defender Fees and Cork, pursuant tot. 938.39, F.S. es tleinmanedl°4-4119. 0 S50.00 ProrecutionfinvestigatIve Cows, pursue m to s. 938.27, F.S. O Other. K Otha: • $aat County Aleohtl and Other Drug Abuse Trust Fund, pursuant to 1.93811 and a. 938.23. F.S. for violations of a. 3I 6.193, 5.856,011. s. 356.015, or chapter 562, chapter 167, or thaptcr 568, F.S. K REV112 Operating Trutt Fond of the FDLE, ponram to s. 939.25. F.S. for violations of s, 893.13 offenses * TOTALS 473,00 PAYMENT IS TO BE MADETHROUGH AND PAYABLE TO:@ Department of Corrections or O Clerk of Coun (If oollectcd by the Department of Coirectiont, a surcharge of 4% will be added to all paymenu ordered by the coun, pursuant x s 94531. P.S.) K Court Costs/Fines Wowed Coon Costa nos In the amount of Court Cosu/FIncs in the amount of SPECIFIC INSTRUCTIONS FOR PAYMENT; Page 8 of 8 convened lo community service bouts reduced to civil lodgment Form Revised 03-18-D8 EFTA00233567

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA STATE OF FLORIDA CASE NO.: 08CF009381AXXXMB DIVISION "W" VS. JEFFREY E. EPSTEIN, c- •rn• Defendant. • I • •“-• AGREED ORDER CORRECTING SCRIVENER'S ERROR? 49 :NM CA ) THIS MATTER came before the Court upon the agreement of J c A.Goldberger, Esq., attorney for the Defendant, and Barbara Burns, Esq., Assistant State Attorney, and the Court being otherwise fully apprised of the facts and circumstances therein, it is hereby ORDERED AND ADJUDGED that the Order of Community Control is corrected to delete special condition #26 (Supervision by DOC by means of an electronic monitoring device or system) and special condition #27 (Electronic monitoring 24 hours per day). The plea agreement and plea colloquy clearly reflect that the Defendant was not to be placed on the electronic monitor. DONE AND ORDERED in chambers, West Palm Beach, Palm Beach County, Florida this Copies Furnished: day of May, 2009. / JEFFREY C BA141A"-- Circuit Court udge Jack A. Goldberger, Esq., Attorney for Defendant Barbara Burns, Esq., Assistant StatAtisrfiev • STATE OF FLORIDA • PALM BEACH COUNTY Department of Corrections — Probr '' ' ifs arole thereby certify that the t foregoing is a true copy : - oft ec rd in my office. SCANNED MA1 0 5 1009 EFTA00233568

PLEA IN THE CIRCUIT COURT THE FOLLOWING IS TO REFLECT ALL TERMS OF THE NEGOTIATED SETTLEMENT Name: Jeffrey E. Epstein Plea: Guity 11 DOC Felony Solicitation of Prostitution 1 No 3 FF.L ring Person Under 18 for Prostitution 1 No 2 FEL Pet VVelved/Not Required Required/Requested ADJUDICATION: Adjudicate Di 1 SENTENCE: On OBCF009454AMB, the Defendant Is sentenced to 12 months in the Pain Beach County Detention Facility, with credit for 1 (one) day tine served _ 1,11470% Jos.t. biAlioAfft On 08CF009381AMB, the Defendant S sentenced to 8 months& the Pain Beach County Detention Facility, will aedlt for 1 (one) day tine served. This 8 month sentence is to be served consecutive to the 12 month sentence in OOCF0094S4AMB. Following this 8 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 • special condkion 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 Correction. The Defendant Is designated as a Sexual Offender pursuant to Florida Statute 943.0435 and must abide by al the corresponding requirements of the statute, a copy of which is attached hereto and incorporated herein. The Defendant must provide a DNA sample in court at the time • STATE OF FEAR A • PALM BEACH COUNT? I hereby certify that the tonguing is a true copy of the rec In my office. F ,Haar . 20271_ 0 K OMP ROLLER PUTY CLERK EFTA00233569

r. timare e. jn—uDstWA) HAT YOU SHALL COMPLY WITH THE FOLLOWINODITIONS-OF SUPERVISION: i. calvIMUNITY CONTROISARD CONDITIONS: You will remain confined to your residence except one half hour before and after your approved employment, . community service work, or any other activities approved by your probation officer. You will maintain an hourly accounting of all your activities on a daily log which you will submit to your supervising officer upon request • • The Department of Corrections, may at its discretion, places you on Electronic Monitoring during the term of your Community Control. If placedon Electronic Monitoring, you will wear a monitor at all times. You will maintain a • private phone line, be financially responsiblifor any lost or damaged equipment and follow all rules and regulations as instructed. The telephone will be available within five working days of being placed On Electronic Monitoring Program. While on electronic monitoring you will remain confined to your residence and are prohibited from being outside the residential walls. • (d) If while being monitored and the monitor is found to have been tampered with you shall be taken into custody immediately, if the officer determines that your were not at your schedules place of work or school while allowed to be outside the residence then in that event you shall be taken 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 disposition at the discretion of the presiding hdge- (a) If placed on Electronic Monitbring you will pay to the State of Florida, for the cost of Electronic Monitoring $1.00 per day, per F.S. 948.09; ODeknciAni. tau . PecictiA-s O4- 5-`a" el 3.Y; (to Ways .12:4> r-kni plot_ 33 6 1,,t_tuu t.) FROBATIO RD CONDMONS . • (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. • ( 2) You will enter and successfully complete a non-secure or inpatient drug treatment program if deemed appropriate by • your officer. (a) 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. sTsiX.QEFENEAR•84.6SiatRH-eetetnerrst you shall submit to a mandatory curfew from 10:00 PM to 6:00 AM . .• b (if the victim wasunder 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. . (a) you shall -enter, actively participate in, and successfully complete &sex offender treatment program with a therapist particularly trained to heat sex offender, at proltationer's or community controlees expense. ou shall not.have any contact with the vietiOdirectly or indirectly, including through a third person, unless approved by the victim, the therapist and sentencing court. . . (if the victim was under the age of 18 years) you shall not, until you successfully attend and complete the sex offender program, have any unsupervised contact with a child under the age of 18 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 arid is approved by the sentencing court. the victim was under the age of 18 years) you' shall not work for pay or as a volunteer in any school, day care center, ark, playground, or other place where children regularly congregate. RP- you shall not view, wn, 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. %Yon shall submit two specimens of blood to the Florida Department of Law Enforcement to be registered with the DNA Data Bank. . . . . ' (i) You shall make restitution to the victim as ordered by this court pursuant to F.S. 775.089 for all necessary medical and related profesaional services relating [tithe physical, psychiatric and psychological care of the victim. You shall submit to a warrantless search by your probation officer or community control officer of y ur pe_ i w rson residence, or vehicle. . . CO eirs co." Cs 0) Dacejtalall-1 - +O C\94-tel— COViseLC-44 — l" ) L44-, 14--t. S . .. . 60 C CY cif a- nit Ok. % fvt.•1 €kr t 6 tem- - tin &L. vreadic. y 0 De k n acca,4-- fp 004 4 fi tividoi Seim c.c., Ca mciet,41n-v --1:1 ATS-Ini4; Oa tt An. yl 1114 R. • EFTA00233570

you shall submit to a man tory 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. (c) you shall enter, actively participate in, and successfully complete a sex offender treatment program with a therapist particularly trained to treat sex Offender, at probationer's or community controlees expense. (d) you shall not have any contact with the victim, directly or indirectly, including through a third person, unless approved by the victim, the therapist and sentencing court. . (e) (if the victim was under the age of 18 years) you shall not, until you successfully attend and complete the 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) (if the victim was under the age of 18 years). you shall not work for pay or as a volunteer in any school; day care center, park, playground, or other place where children regularly congregate. (g) Unless otherwise indicated in the treatment 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. You shall submit two specimens of blood to the Florida Department of Law Pnforr.ement in he neeetered with the 11h1A Dam Bank. (1) • You shall make restitution tothe victim as ordered by this court pursuant to F.S. 775.089 for all necessary medical and related professional services relating to the physical, psychiatric and psychological•care of the victim. 0) You shall submit to a Warrantless search by your probation officer or community control officer of yoUr person, • residence. or vehicle (ic) you shall, as part of a treatment program, participate once/twice annually in polygraph examination to obtain informatio necessary for risk management and treatment and to reduce your denial mechanisms: Your polygraph examinations mus 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. . • Ri (if there was sexual contact) you shall submit to, at probationer's orcommunity controlees expense, an HIV test with the results to be released to the victim,. or the victim's parents or guardian. You will not obtain or use a Post Office Box without the prior approval of the supervising officer. Yon will submit to electronic monitoring when deemed necessary by the community control or probation officer and hit or her supervisor, and.ordered by the court at the recommendation of the Department of Corrections. . Mier: . . COURT RB,533RVHS THE RIGHT TO RESCIND, MODIFY, OR REVOKE SOISI94 TO NT PROVIDED' BY LAN; IONS AND ORDeRED AT West Palm Beach, Palm Beach County, Florida, this ToC3 lunc Pro Tunc: .1.01-5aMt Honorable Sandra K. McSorka• Jutjg< Circuit Court have received a copy of the terms and conditions of my supervisionA have read and understand these condit.-em e- agiee to report to the Department of :orrections Probation Office for further instructions. Also. I hereby consent to the disclosure of my alcohol and drug abuse patient rec ds, the cOnfidentiMit, f which is federally regulated under 42CPR, Part II. for the duration of my fupervision. EPEND S 10/11 0 By ROR DA :PALM B h joy eat, lb S TIMED BY foregoing is a true OPY of he recor otike. .20 — BO K TROLLER PUTY CLERK EFTA00233571

948.101 Terms and conditions of community control and criminal quarantine community control... (1) The court shall determine the terms and conditions of community control. Conditions specified fn this subsection do not require oral pronouncement at the time of sentencing and may be considered standard conditions of community control. (a) The court shalt require intensive supervision and surveillance for an offender placed Into community control, which may include but is not limited to: 1. Specified contact with the parole and probation officer. 2. Confinement to an agreed•upon residence during hours away from omploymont 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 sot forth in s. 948.03. (b) For an offender placed on criminal quarantine community control, the court shall require: 1. electronic monitoring 24 hours per day. 2. Confinement to a designated residence during designated hours. (2) The enumeration of specific kinds of terms and conditions does not prawn 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 approml of the receiving state interstate compact authority. The court may rescind or modify at any time the terms and conditions theretofore imposed by It upon the offender in community control. However, if the court withholds adjudication of guilt or imposes a period of incarceration as a condition of community control, the period may not mead 364 days, and incarceration shall be restricted to a county facility, a probation and restitution center under the jurisdiction of the Department of Corrections, a probation program drug punishment phase I secure residential treatment institution, or a community residential facility owned or operated by any entity providing such services. (3) The court may place a defendant who is being sentenced for criminal transmission of HIV in violation of s. 775.0877 on criminal quarantine community control. The Department of Corrections shaft develop and administer a criminal quarantine conwriunity control program emphasizing intensive supervision with 24.hourper-day electronic monitoring. Criminal quarantine community control status must include surveillance and may include other measures normally associated with community control, except that specific conditions necessary to monitor this population may be ordered. EFTA00233572

'943.0435 Sexual offenders required to register with the deparunent; 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- subParawaph 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. g7.071- s. 847.0133• s. a47.0135, 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) I-Ias 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 Of 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. ?87.02_, 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) whore the victim is under 12 years of age or where the court finds sexual activity by the use of forte or coercion; (III) Section 800.04(5)(c)1. where : atc ..., the court finds molestation involving unclothed genital • EFTA00233573

(IV) Section 800.04(5)(d) where the court finds the use of force or coercion and unclothed genitals. 2. for all qualifying offenses listed in sub-subparagraph (1)(4)1.d., the court shall make a written finding of the age of the offender at the time of the offense. Far each violation of a qualifying offense listed in this subsection, the court shall make a written finding of the age of the victim at the time of the offense. For a violation of s. 800.04(4), the court shall additionally make a written finding Indicating that the offense dfd or did not knots* sexual activity and Indicating that the offense did or did not involve force or coercion. For a violation of s. 800.04(5), the court shall additionally make a written finding that the offense did or did not involve unclothed genitals or genital area and that the offense did or did not invests the use of force or coercion. (b) *Convicted moons that there has been a determination of guilt as a result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication Is withhold, and includes an adjudication of delinquency of a juvenile as specified in this section. Conviction of a similar offense includes, but Is not limited to, a conviction by a federal or military tribunal, including courts-martial conducted by the Armed fortes of the United States, and includes a conviction or entry of a plea of guilty or nolo con tendere resulting in a sanction in any state of the United States or other jurisdiction. A sanction includes, but is not limited to, a fine, probation, community control, parole, conditional release, control release, or incarceration in a state prison, federal prison, private correctional facility, or local detention facility. (e) "Permanent residence" and "temporary residence have the same moaning ascribed in s. 775,21. (d) "Institution of higher education means a career center, community college, college, state university, or independent postsecondary institution. (e) 'Change in enrollment or employment status' means the commencement or termination of enrollment or employment or a change in location of enrollment or employment. (f) 'Electronic mail address" has the same meaning as provided In s. 668.602. (g) 'Instant message name means an identifier that allows a person to communicate in real time with another person using the Internet. (2) A sexual offender shall: (a) Report in person at the sheriffs office: t. In the county In which the offender establishes or maintains a permanent or temporary residence within 48 hours after: a. establishing permanent or temporary residence in this state; or b. tieing released from the custody, control, or supervision of the Department of Corrections or from the custody of a private correctional facility; or 2. In the county where he or 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 EFTA00233574

control of, or under the supervision of, the Department of Corrections, or is not in the custody of a private correctional facility. My change in the sexual offender's permanent or temporary residence, name, any electronic mail address and any instant message name required to be provided pursuant to paragraph (4)(d), after the sexual offender reports in person at the sheriffs office, shall be accomplished in the manner provided in subsections (4), (7), and (8). (b) Provide his or her name, data of birth, social security number, race, sex, height, weight, hair and 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 addres 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 while, trailer, mobile home, or manufactured home, as defined in chapter 320, the sexual offender shall also provide to the department through the sheriffs office written notice of the vehicle Identification number; the license tag number; the registration number; and a description, including color 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 2. if the sexual offender is enrolled, employed, or carrying on a vocation at an institution of higher education In this state, the sexual offender shall also provide to the department through the sheriffs office the name, address, and county of each institution, including each campus attended, and the sexual offender's enrollment or employment status. Each change In enrollment or employment status shall be reported in person at the sheriffs office, within 48 hours after any change in status. The sheriff shall promptly notify each institution of the sexual offender's presence and any change In the sexual attendees enrollment or employment status. When a sexual offender report at the sheriffs office, the sheriff shall take a photograph and a sat 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 shell: (a) If otherwise qualified, secure a Florida driver's license, renew a Florida drhar'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 tho 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 far use by the department in maintaining current records of sexual offenders. EFTA00233575

(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. 372.141(3). (c) Provide, upon request, any additional information necessary to confirm the identity of the sexual offender, including a set of fingerprints. (4)(4) Each time a sexual offenders driver's license or identiffaide card is subject to renewal, and, without regard to the stabs of the offender's driver's license or identification card, within 48 hours after any then., in the offender's permanent or temporary residence or change in the °fielder's name by reason of marriage or other legal process, the offender shall report in person to a drivel 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 fn this section and ss. 943.043 and 944.606. (b) A sexual offender who vacates a permanent residence and falls to establish or maintain another permanent or temporary residence shall, within 48 hours after vacating the permanent residence, report in parson to the sheriffs office of the county in which he or she is located. The sexual offender shall specify the date upon which he or she 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 redeem 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. Vass 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 date*, punishable as provided in s. 775.062, s. 775.082, or s. 775.064. (d) A sexual offender must register any electronic malt 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. Asexual 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 fs consistent with tie 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. EFTA00233576

(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 4$ 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 report his or her intent to reside in another state or jurisdiction but who remains in this state without reporting to the sheriff in the enamor required by this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.061, or s. 775.064. MOO A sexual ofende► who does not comply with the requirement of this section commits a felony of the third degree, punishable as provided in s. 775.062. s. 775.063, 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 o► 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 an 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 constitute grounds for a subsequent charge of failure to register. A sexual offender charged with the crime of failure to ►egister who asserts, or intends to assert, a lack of notice of the duty to ►egister as a defense to 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 EFTA00233577

Justice, the personnel of those departments, or any individual or entity acting at the request or LOW the direction of any of those departments in compiling or providing information, or if information is incomplete or incorrect ber.ause 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 at 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 leant 25 years and has not been arrested for any felony or misdemeanor offense since release, provided that the sexual of requirement to register was not based upon an adult conviction: a. For a violation of s. 767.01 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 ago or sexual activity by the use of force or coercion; d. For a violation of s. 300.04(5)(b); a. For a violation of s. 600.04(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 jurisdktion, 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 want or deny relief if the offender demonstrates to the court that he or the 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 ►ederal funds by the state; and the court is otherwise satisfied that the offender Is not a current or potential threat to public safety. rho state attorney in the circuit in which the petition is filed must be given notice of the petition at least 3 weeks before the hearing on the matter. The state attorney may present evidence in opposition to the requested relief or may otherwise demonstrate the reasons why the petition should be denied. If the court denies the petition, the court may set a future date at which the sexual offender may again petition the court for relief, subject to the standards for relief provided in this subsection. 3. Tie 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 courts written findings or order that indicates that the offender is no longer required to comply with the requirements for registration as a sexual offender. EFTA00233578

• (b) As defined In sub-subparagraph (1)(a)1.b. must maintain registration with the department for the duration of his or her life until the person provides the department with an order issued by the cast that designated the person as a sexual predator, as a sexually violent predator, or by another sexual offender designation In the state or jurisdiction in which the order was issued which states that such designation has been removed or demonstrates to the department that such designation, if not imposed by a court, has been removed by operation of law or court order in the state o► jurisdiction in which the designation was made, and provided such person no longer meets the criteria for registration as a sexual offender under the laws of this state. (12) The Legislature finds that sexual offenders, especially those who have committed offenses against minors, often pose a high risk of engaging in sexual offenses even after being released from incarceration or commitment and that protection of the public from sexual offenders is a paramount government interest. Sexual offenders have a reduced expectation of privacy because of the public's interest In public safety and in the effective operation of government. Releasing information concerning sexual offenders to law enforcement agencies and to persons who request such Information, and the release of such information to the public by a law enforcement agency or public agency, will fists the governmental interests of public safety. The designation of a person as a sexual offender is not a sentence or a punishment but is simply the status of the offender which is the result of a conviction for having committed certain crimes. (13) Any person who has reason to believe that a sexual offender is not complying, or has not complied, with the requirements of this section and who, with the intent to assist the sexual offender in eluding a law enforcement agency that is seeking to find the sexual offender to question the sexual offender about, or to arrest the sexual offender for, his or her noncompliance with the requirements of this section: (a) Withholds information from, or does not notify, the law enforcement agency about the sexual offender's noncompliance with the requirements of this section, and, if known, the whereabouts of the sexual offender; (b) Harbors, or attempts to harbor, or assists another person fn harboring or attempting to harbor, the sexual offender; or (c) Conceals or attempts to conceal, or assists another person in concealing or attempting to conceal, the sexual offender; or (d) Provides information to the law enforcement agency regarding the sexual offender that the person knows to be false information, commits a felony of the third degree, punishable as provided in s. 775.062, s. 775.063, or s. 775.064. (14)(a) A sexual offender must report in person each year during the month of the sexual offender's birthday and during the sixth month following the sexual offender's birth month to the sheriffs office in the county in which he or she resides or is otherwise located to reregister. (l1) However, a sexual offender who Is required to register as a result of a conviction for: I. Section 787.01 or s. 787.02 where the victim Is a minor and the offender is not the victim's parent or guardian; EFTA00233579

2. Section 794.011 excluding s. 794.011(10); 3. Section 800.04(4)(b) whore the court finds the offense involved a victim under 12 years of age or sexual activity by the use of force or coercion; 4. Section 500.04(5)(b); 5. Section 500.04(5)(c)1. where the court finds molestation involving unclothed genitals or genital area; 6. Section 600.04(5)c.2. whore the court finds molestation involving unclothed genitals or genital area; 7. Section 800.04(5)(d) where the court finds the use of force or coercion and unclothed genitals or genital area; II. Any attempt or conspiracy to commit such offense; or 9. A violation of a similar law of another Jurisdiction, must reregister each year during the month of the sexual offender's birthday and awry third month thereafter. (c) The sheriffs office may determine the appropriate times and days for reporting by tie sexual offender, which shall be consistent with the reporting requirements of this subsection. Reregistration shall include any changes to the following information: 1. Name; social security number; age; race; sex; date of birth; height; weight; hair and eye color; address of any permanent residence and address of any currant temporary residence, within the state or out of state, including a rural route address and a post office box; any electronic mail address and any instant message name required to be provided pursuant to paragraph (4)(d); date and place of any employment; vehicle make, model, color, and license tag number; fingerprints and photograph. A post office box shall not be provided In lieu of a physical residential address. 2. Ii the sexual offender is enrolled, employed, or carrying on a vocation at an institution of higher education In this state, the sexual offender shalt also provide to the department the name, address, and corny of each institution, including each campus attended, and the sexual offender's enrollment or employment status. 3. If the sexual offender's place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, the sexual offender shall also provide the vehicle identification number; the license tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If the sexual offender's place of residence is a vessel, live-aboard vessel, or houseboat, as defined In chapter 327, the sexual offender shall also provide the hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel or houseboat. 4. Any sexual offender who fails to report in person as required at the sheriffs office, or who falls to respond to any address verification correspondence from the department within 3 weeks of the date of the correspondence or who fails to report electronic mail addresses or EFTA00233580

Instant message names, commits a felony of the third doiree, punishable as provided in s. 775.062, s. 775.083, or s. 775.084. (d) The sheriffs office shall, within 2 working days, electronically submit and update all information provided by the sexual offender to the department in a manner proscribed by the department. STATE OF FLORIDA • PALM BEACH COUNT I hereby certify that the foregoing is a true copy of the recori in my office. THIS... _D 20 K OLLER BY DEPUTY CLERK EFTA00233581

SINC MOTN W1/45CAL NIA- EFTA00233582

THE PALM BEACH POST MONDAY, JUNE IS, 4009 The Palm Beach Post ALEX TAYLOR, Publisher TIM BURKE, Executive Editor RANDY SCHULTZ, Editor of the Editorial Page Unseal the Epstein deal A rich, middle-aged Palm Beecher who preyed on girls almost 40 years younger already has received too many breaks from the system. He doesn't deserve another. In July 2008, at the age of 55 and after paying the equiva- lent of a small country's gross domestic product in legal fees, Jeffrey Epstein escaped federal charges and pleaded guilty in state court to a pair of charges related to his luring five girls — ages 14 to 17 — to his house. The girls undressed and massaged him in return for $200 to $300. HO serving only 18 months in the. Palm Beach County Jail, and he's serving only nights. And now he wants just one more favor. When Epstein entered his state plea, the terms of his federal deal were sealed from the public. That violated normal procedures. Attor- neys for some of the victims, who ' have filed civil lawsuits, want that plea deal unsealed, probably because the details would help their cases. But given the nature of this case, there% also a public interest One con- dition of the federal plea, for example, was that he take the state deal. That's why The Post also is seeking to have the file unsealed. Epstein% lawyers, Epstein Palm Beach sex offender deserves no more breaks. of course, want it kept secret. Last week, a Palm Beach County judge set a hearing for June 25. Epstein attorney Jack Goldberger claims that the file should stay sealed to protect the "orderly administration of justice" and "protect a compelling government interest." Oh, and third parties might get hurt. The compel- ling interest is Epsteinh, and there is no privacy issue since the victims themselves are making the request Palm • Beach police spent 11 months investigating Epstein, only to see then-State Attorney Barry Krischer kick the case to a grand jury. Mr. Krischer backed off when one of Epstein's gold-plated attor- neys, Alan Dershowitz, announced that some of the victims had posted MySpace comments about their alco- hol and marijuana use. Epstein% "best" defense has been that he didn't know the girls were underage. "How he verified that," Mr. Goldberger said, "I don't know" Investigators found a high school transcript in Epstein's house. He didn't know? The public should know what Jeffrey Epstein did, and what the system did for him. EFTA00233583

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 2008CF009381A DIVISION W STATE OF FLORIDA vs. JEFFREY EPSTEIN, Defendant. MOTION TO MAKE COURT RECORDS CONFIDENTIAL Comes now the Defendant, JEFFREY EPSTEIN, by and through his undersigned attorney's, pursuant to Florida Rule of Judicial Administration 2.420 and the Administrative Orders of this Court , specifically AO 2.303 and moves this Court to treat as confidential the following records. A. A document referred to as "Non-Prosecution Agreement" filed under seal in the court file on July 2, 2008. B. A document referred to as "The Addendum to the Non-Prosecution Agreement" filed under seal in the court file on August 25, 2008. 1. The above referenced documents were Ordered Sealed at a hearing held before the Honorable Judge Deborah Dale Pucillo on June 30, 2008. 2. A Motion to Vacate Order Sealing Records and Unseal Records was filed by Non-Party EW on or about May 15, 2009. 3. A Motion to Intervene and Petition for Access was filed by Non-party Palm Beach Post on June 1, 2009. 4. This Court granted Non-Party E.W. and Palm Beach Post Motion to Intervene on June 10, 2009 but took no immediate action on E. W.'s Motion to Vacate Order Sealing Records and Unsealing Records or on Palm Beach Posts Petition For Access, pending a further hearing. EFTA00233584

5.. The documents should remain confidential for the following reasons: a. To prevent a serious imminent threat to the fair, impartial, and orderly administration of justice. b. To protect a compelling government interest. c. To avoid substantial injury to innocent third parties. d. To avoid substantial injury to a party by disclosure of matters protected by a common law and privacy right, not generally inherent in these specific type of proceedings, sought to be closed. WHEREFORE, Defendant moves this Honorable Court to enter an Order keeping the above referenced records confidential, and maintaining them under seal. I HEREBY CERTIFY that this motion is made in good faith and supported by a sound and factual legal basis. CK A. GOLDBERGER, ESQ. WITNESS my hand and seal in the County and State last aforesaid this 11 day of June, 2009. Notary Public State of Fl My Commission Expires EFTA00233585

CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via ei711.S. Mail; /Facsimile; o Overnight Delivery to R. Alexander Acosta, United States Attorney's Office-Southern District, 500 S. Australian Ave., Suite 400, West Palm Beach, FL 33401, Judith Stevenson Areo, Esq., State Attorney's Office- West Palm Beach, 401 North Dixie Highway, West Palm Beach, FL 33401, William J Berger, Esq., ROTHSTEIN ROSENFELDT ADLER, Bradley J. Edwards, Esq., ROTHSTEIN ROSENFELDT ADLER, 4 Shullman, Robert D. Critton, BURMAN, CRITTON, LUTTIER, & COLEMAN, . this 11 day of June, 2009. Deanna K. BURMAN, CRITTON, LUTTIER & COLEMAN ATTERBURY, GOLDBERGER & WEISS, P.A. OBERT D. CRITTON, ESQ. lorida Bar No.224162 rt aL CK A. GOLDBERGER, ESQ lorida Bar No. 262013 EFTA00233586

di\ v t 11.1\:,\??Er%Yi;ERBUilkitilLUDBERGbR `NESS, June 11, 2009 Honorable Jeffrey Colbath Palm Beach County Courhouse 205 North Dixie Highway West Palm Beach, Florida 33401 RE: State of Florida Jeffrey Epstein Case No. 2008 CF009381A Dear Judge Colbath, JOSEPH R.ATTERBURY JACK A. GOLDBERGER JASON S.WEISS Board Certified Criminal Trial Attorney Member of New Jersey & Florida Bars Enclosed please find a courtesy copy of Jeffrey Epstein's Motion to Make Court Records Confidential filed with the Clerk of the Court on June 11, 2009. Very jfuly yours, a4Ac A. Goldberger, Esq. JAG/cg Enc. cc: Alexander Acosta, U.S. Attorney Judith Stevenson Arco, State Attorney William Berger, Esq. Bradley Edwards, Esq. Deanna Shullman, Esq. Robert Critton, Esq. EFTA00233587

AFTERBURY GOLDBERGER WEISS. Alexander Acosta United States Attorney's Office Southern District 500 S. Australian Ave. Suite 400 West Palm Beach, Florida 33401 33623+6237" "" "" lid EFTA00233588

THE PALM BEACH POST • THURSDAY, JUNE 11.2009 Judge delays ruling on request to unseal plea deal in sex case By SUSAN SPENCER-WENDEL Palm Beach Post Saill Writer WEST PALM BEACH — A circuit judge on Wednes- day did not unseal the deal that money manager Jeffrey Epstein of Palm Beach struck with fed- eral prosecutors to avoid chairs, opting instead to give Epstein lawyers a chance to demonstrate why it should remain hid- den from public view. Circuit Judge Jeff Colbath ac- knowledged at a hearing that Epstein's deal was not sealed in state court in ac- cordance with the rules. "I don't see where any of the procedures were ever followed," he said. Colbath has given Epstein% defense attorney, Jack Goldberger, an op- portunity to argue that the document was properly sealed and asked lawyers to submit briefs to him by Friday. Colbath also set a full hearing for June 25. Attorneys for young Epstein women now suing Epstein are asking Colbath to un- seal the deal that Epstein brokered with federal prosecutors. A lawyer for The Palm Beach Post also has joined in the request. "Ilk a secret agree- ment. A secret, sweetheart agreement," said former Circuit Judge Bill Berger, who now represents some of the women. "Everybody was in on this deal except the victims and the public," Berger said. "The public should be outraged it has gone as far as it has." A second attorney representing the women, Brad Edwards, has seen the sealed document. A federal judge allowed him and his clients to view it, but not to discuss its con- tents. Edwards said the women were "outraged" at what had been negotiated without their knowledge. A reporter asked Edwards if he thought Epstein re- ceived special treatment by federal prosecutors. "Are you kidding? It's transparent. Certainly no one else gets treated like that," Edwards said. Epstein, 56, a reported money manager of billion- aires, is currently serving an 18-month sentence in the Palm Beach County Stockade after pleading guilty nearly a year ago in state court to felony solicitation of prostitution and procuring teenagers for prostitution. The saga began years ago when the Palm Beach Police Department began investigating whether young woolen were be- ing brought to Epstein's mansion on El Brillo Way to massage him and have sex with him in exchange for money. Epstein§ attorneys, in federal filings, have referred to sealed docu- ments as a deferred pros- ecution agreement with federal prosecutors and have called it "unprec- edented" and "highly unusual." Goldberger said his cli- ent has not received any special treatment. e Susan_spencer_ [email protected] EFTA00233589

THE PALM BEACH POST • WEDNESDAY. RAE 10, 2009 Women want sex plea deal unsealed Their attorneys will ask a judge to open Jeffrey Epstein's records. By SUSAN SPENCER-WENDEL Palm Beach Past Ste Weiler WFSC PALM BEACH - When wealthy money manager Jeffrey Epstein of Palm Beach pleaded guilty last year to pro- curing teehs for prostitution, his case detoured around local and state rules regarding the sealing of court documents. At a plea conference on the state charges, a judge, a defense lawyer and a pros- ecutor huddled at the bench and decided that a deal Epstein Epstein had struck with federal prosecute tors to avoid charges should be sealed, according to a transcript of the hearing. And so it was. But Florida rules of judicial adniin- istration, as well as rules of the Palm Beach County court system, require public notification that a court document has been or will be sealed, meaning kept from public view The rules also require a judge to find a significant reason to seal, See EPSIEIN, 4A II. See past coverage of Jeffrey Epstein's sex scandals. PannBeachPost.com/epstein. EFTA00233590

Public has right to know details of deal, Post attorney will claim IIP• EPSTEIN from IA such as protecting a trade secret or a compelling gov- ernment interest. Yet no notification or reason occurred in Epstein case, according to court records. Epstein own attorneys. in federal filings, have referred to his confiden- tial deferred prosecution agreement with the US. attorneyk office, struck in September 2007, as "un-. precedented" and "highly unusual." And it was "a significant inducement" for Epstein to . accept the state§ deal, observed the state judge who accepted his plea, County Judge Deborah Dale Pucillo. Epstein now faces at least a dozen civil lawsuits in federal and state courts filed by young women who said they had sex with him and now are seeking dam Attorneys for some of those women want his agreement with federal prosecutors unsealed and will ask Circuit Judge Jef- frey Colbath to do so today. "It is against public policy for these documents to be have been sealed and hidden from public scrutiny. As a member of the public, E.W. has a right to have these documents unsealed," wrote former Circuit Judge Bill Berger, now in private practice and representing one of the women, The Palm Beach Post also will ask Colbath to unseal the agreement. Post attont ney Deanna Shullman will argue that the public has a right to know the specifics of Epstein deal. According to various media accounts, Epstein moved in circles that in- cluded President Clinton, Donald Trump and Prince Andrew. "International Moneyman of Mystery" de- clared a 2002 New York mag- azine profile of Epstein. Epstein, 56, is in the Palm Beach County Stock- ade, serving an 18-month sentence after pleading guilty nearly a year ago to felony solicitation of prostitution and procuring teenagers for prostitution. He is allowed out from 7 a.m. to 11 p.m., escorted by a deputy, said Palm Beach County Sheriff's Office spokeswoman 'Teri Barbera. During a Palm Beach Police Department in- vestigation, five victims and 17 witnesses gave statements. They told of young women brought by his assistants to Epstein mansion on El Brillo Way for massages and sexual activity, and then being paid afterward. At Epstein's plea confer- ence last year, his attorney, Jack Goldberger, and then-Assistant State At- torney Lanna Belohlavek approached Pucillo in a sidebar conference. Pucillo, who had left the bench nine years earlier, was filling in temporarily as a senior judge. According toa transcript, Goldberger told Pucillo that Epstein had entered a con- fidential agreement with the US. attorney's office in which federal prosecu- tors brokered not pursuing charges against him if he pleaded guilty in state court Pucillo then said she wanted a sealed copy of the agreement filed in his case, and Goldberger concurred that he wanted it sealed. Belohlavek later signed off on it. The Florida Sunl it& Court has expressed "seri- ous concerti' and launched an all-out inquiry into seal- ing procedures across the state following media re- ports in 2006 of entire cases being sealed and disappear. ing from court records. "The publick constitu- tional right of access to court records must remain invio- late, and this court is fully committed to safeguarding this right," justices wrote in their final report Epstein's office on Thesday referred any questions to Goldberger, who declined to comment. Pucillo also has declined to comment. esusan_spencer we deliapbpost.com EFTA00233591

THE PAI M BEACH POST • iHURSDAY. JULY 2.2009 METRO REPORT 11InT WEST PALM BEACH —An appellate court on Wednesday granted financier Jeffrey Epstein's request to block the unsealing of his non-prosecution agreement with the U.S.Attomey's Office while the court consid- ers his appeal. A circuit judge had ordered the release of the documents, but Epstein% attorney argued that it would cause "ir- reparable harm." Attorneys for women now suing Epstein and for The Palm Beach Post sought the documents' release. The Fourth District Court of Appeal blocked the unsealing while both sides present legal arguments and the court considers them. Epstein pleaded guilty last year to solicita- tion of prostitution and procuring teenagers for prostitution. EFTA00233592

Epstein THE PALM BEACH POST mrh- • FRIDAY, JULY-10,2009 EPSTEIN SEX PARTNER LOSES LAWSUIT AGAINST NEWSPAPER Pervy Palm Beach moneybags Jeffrey Epstein, who at the tail-end of his 18- month sentence for solicitation of prostitu- tion, is the talk of the legal world again. One of the young girls he invited up for strange sex when she was 16 lost her defamation lawsuit against The New York Post last week. Ava Cordaro was asking for $100 million because, in 2007, the paper outed her as a transgender person (boy to girl) and, she claimed, made her look like "a promiscuous slut" The paper quoted her *Space page as saying she fantasized about being with multiple partners. A New York appel- late court sided with the tabloid, saying that Cordero herself gave the public the reasonable impression of promiscuity. Ya think? Got a news tip? Call Jose at (5611820-4725 or e-mail jose_lamblet@pbpostoom EFTA00233593

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT DOCKETING STATEMENT AND NOTICE OF APPEARANCE OF COUNSEL (Revised as of May 1, 2001) The Court requires the following information in order to facilitate disposition of the case. APPELLANT/PETITIONER: If this case involves an original writ, is an appeal of a non-final order or Is a case involving child custody, this docketing statement must be completed and returned within five days. In all other cases, the appellant must file the docketing statement within 20 days from the dale of the acknowledgment of the notice of appeal. APPELLEE/RESPONDENT: Is not required to file a docketing statement unless there are amendments, corrections or additions to the docketing statement filed by the appellant/petitioner. Appellee/respondent is only required to file a notice of appearance if counsel's name does not already appear on the certificate of service. Appellee's/respondent's docketing statement, if necessary, is due within 5 days from service of the appellant's/petitioner's docketing statement. PLEASE PROVIDE THE FOLLOWING INFORMATION: DOCKETING STATEMENT OF: (CHECK ONE) APPELLANT/PETITIONER  APPELLEE/RESPONDENT 1. STYLE OF CASE Jeffrey EpsteinI. State of Florida DCA CASE LOWER COURT NUMBER CASE NUMBER 4D09-2554 2008 CF 009381A 2a. NOTICE OF APPEARANCE OF COUNSEL FOR APPELLANT (If party is not represented by counsel, party should so indicate and provide accurate mailing address and phone number). Name See attached. Bar Number Address Attorney For Phone Number Fax Number 2b. APPELLEE'S TRIAL COUNSEL AND/OR APPELLATE COUNSEL (IF KNOWN) Name See attached. Bar Number Address Attorney For Phone Number Fax Number 3. INTERESTED PERSONS: List names of all persons or entities having an interest in this matter. Please clarify whether these persons or entities are parties, lawyers or otherwise, and as to parties, designate whether appellant or appellee. See attached. EFTA00233594

4. JUDGES BELOW: List the name of all judges, deputy commissioners and hearing officers/examiners who were involved in this action below. Specify the judge who entered the order appealed. Honorable Jeffrey J. Colbath (entered order appealed) 5. JURISDICTION: State the basis for this court's jurisdiction; including the following: (1) the appellate rule providing jurisdiction claimed 9.100(c)(1) and 9.140(b)(1)(D); (2) the date of filing in the lower tribunal of the order appealed June 25. 2009 ; (3) if this is an appeal from a final order, the date of the return of verdict in a jury action N/A ; the service date of any Fla. R. Civ. P. 1.530 motion N/A and the date of entry of the order deciding such motion N/A 6. PENDING MATTERS IN LOWER TRIBUNAL: Are there any matters, including counts of claims or counterclaims, still pending in the lower tribunal? If yes, please explain exactly what remains pending. Not in the criminal case. There are civil cases pending against Mr. Epstein. 7. CURRENT AND PRIOR PROCEEDINGS IN THIS COURT: List by style and case number of this court, all cases which are or have been pending before this court involving issues arising from the same lower tribunal case and the current status of same: None. Criminal appeals: List by style and case number of this court all co-defendants currently or previously on appeal to this court. None. Similar Issues: List by style and case number of this court, all cases which are or have been pending before this court which are related to this action or which involve an issue which will be similar or determinative to the issue in this case on appeal. E.W. I Epstein Case No. 4D09-2409. If you become aware of appeals filed subsequent to the submission of this docketing statement involving a co-defendant in a criminal case, the same controversy or parties, or substantial similar issues, please file an amended response to this question. 2 EFTA00233595

8. Court Transcript: Do you intend to order any portion of the transcript for the appeal? Yes No  If yes, have all arrangements been made for its preparation? Yes No If yes, date ordered If no, why not? Already filed with court. Estimated date of completion: Estimated number of pages: Name and address of court reporter(s): 9. CUSTODY STATUS IN CRIMINAL APPEALS: Is the appellant in custody and serving a sentence imposed as a result of a conviction which is the subject of this appeal? ves If so, state the length of the sentence imposed. 18 months fail followed by 12 months community control 10. ISSUES: If this case involves the determination of the constitutionality of a statute, cite the statute involved. N/A Please state in short form the anticipated issues raised. For example, on criminal issues: denial of motion for judgment of acquittal, denial of motion to suppress evidence, error in sentence; on civil issues, award of alimony, error in valuation of assets for equitable distribution, error in determining contract damages; error in admission of hearsay at trial. Error in unsealing confidential federal non-prosecution agreement and addendum. 11. TYPE OF CASE: PLACE A CHECK BY THE MOST APPROPRIATE TYPE OF CASE: A. Civil 1. Domestic Relations - divorce, child custody, paternity or support 2. Child dependency 3. Adoption/Termination of Parental Rights 4. Professional Malpractice 5. Products Liability 6. Negligence 7. Contract or Indebtedness 8. Condominium - rules violations, developer suits 9. Foreclosure - mortgage, lien 10. Inmate Appeal - gain time, rule challenges, disciplinary action 11. Attorney's Fees 12. All others - specify 3 EFTA00233596

B. Criminal 1. Direct Appeal - judgment and sentence 2. Direct Appeal - sentence only 3. Direct Appeal - juvenile 4. Collateral Attack - (Rule 3.850 or habeas corpus) - judgment and sentence 5. Collateral Attack - (Rule 3.800, Rule 3.850 or habeas corpus) - sentence only 6. Collateral Attack - juvenile 7. Appeal by the State 8. All Others - specify unsealing of confidential federal non-prosecution agreement C. Administrative 1. Department of Professional Regulation 2. Unemployment Appeals Commission 3. Rule Challenge - specify agency 4. All others - specify Certificate of Service I certify that a copy hereof has been furnished by of July , 2009, to: See attached. mail this 6444.- day mail/hand delivery/fax ignaat i a."-A4a JANE KREUSLER-WALSH (Print Name) 4 EFTA00233597

2a. NOTICE OF APPEARANCE OF COUNSEL FOR APPELLANT JANE KREUSLER-WALSH BARBARA J. COMPIANI LA..1111.171 JUI I ROBERT D. CRITTON MEE JACK A. GOLDBERGER Counselor petittoner EFTA00233598

2b. APPELLEE'S TRIAL COUNSEL AND/OR APPELLATE COUNSEL (IF KNOWN) WILLIAM J. BERGER ounsel or non-party intervener, DEANNA K. SHULLMAN Counsel for non-party intervener, Palm Beach Newspapers d/b/a The Palm Beach Post SPENCER T. KUVIN Counsel for non-party intervener, B.B. JUDITH STEVENSON ARCO H Counsel for respondent, State of Florida JEFFREY H. SLOMAN EFTA00233599

3. INTERESTED PERSONS: Judith Stevenson Arco of State Attorney's Office--West Palm Beach (counsel for respondent, State of Florida) B.B. (non-party intervener) William J. Berger of Rothstein Rosenfeldt Adler (counsel for non-party intervener, E.W.) Honorable Jeffrey J. Colbath (circuit court judge) Barbara J. Compiani of Kreusler-Walsh, Compiani & Vargas, P.A. (appellate counsel for petitioner) Robert D. Critton of Burman, Critton, Luttier & Coleman (counsel for petitioner) Jeffrey Epstein (petitioner) Jack A. Goldberger of Atterbury, Goldberger & Weiss, P.A. (counsel for petitioner) Jane Kreusler-Walsh of Kreusler-Walsh, Compiani & Vargas, P.A. (appellate counsel for petitioner) Spencer T. Kuvin of Leopold-Kuvin, P.A. (counsel for non-party intervener, B.B.) Honorable Kenneth A. Marra (judge, Southern District of Florida) Palm Beach Newspapers d/b/a The Palm Beach Post (non-party intervener) Deanna K. Shullman of Thomas, Locicero & Bralow, P.L. (counsel for non-party intervener, The Palm Beach Post) U.S. Attorney--southern Uistnct EFTA00233600

State of Florida (respondent) E.W. (non-party intervener) EFTA00233601

CERTIFICATE OF SERVICE ATTORNEY'S SOUTHERN DISTRICT JUDITH STEVENSON ARCO STATE ATTORNEY'S OFFICE 401 North Dixie Highway West Palm Beach, FL 33401 WILLIAM J. BERGER DEANNA K. SHULLMAN ROTHSTEIN ROSENFELDT ADLER THOMAS, LOCICERO & BRALOW, P.L. SPENCER T. KUVIN ROBERT D. CRITTON LEOPOLD-KUVIN, P.A. JACK A. GOLDBERGER ATTERBURY, GOLDBERGER & WEISS, P.A. BURMAN, CRITTON, LUTTIER & COLEMAN EFTA00233602

KREUSLER-WALSH, COMPIANI & VARGAS, P.A. , ES P0S/4 Zwee= awn ar Sam a r • S PITNEY DOWER, 02 1P 0004162054 JUL 08 2009 MAILED FROM ZIP CODE 33401 $ 000.61° 11111111 JEFFREY H. SLOMAN U.S. Attorney's Office-Southern District 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 S.S-14-45:623S '0023 11111111111111,111 11111,11,11i111t1111f11111lI 1111 EFTA00233603

Fourth District Court of Appeal 1525 Palm Beach Lakes Blvd. West Palm Beach, Florida 33401 (561)-242-2000 ACKNOWLEDGMENT OF NEW CASE DATE: July 1, 2009 STYLE: JEFFREY EPSTEIN 1. STATE OF FLORIDA 4DCA#: 4D09-2554 The Fourth District Court of Appeal has received the Petition reflecting a filing date of 7/1/09 The county of origin is Palm Beach. The Iowa tribunal case number provided is 200980;009381A The filing fee is Paid In Full - $300. Case Type: Certiorari Criminal The Fourth District Court of Appeal's case number must be utilized on all pleadings and correspondence filed in this cause. Moreover, ALL PLEADINGS SIGNED BY AN ATTORNEY MUST INCLUDE THE ATTORNEY'S FLORIDA BAR NUMBER. Please review and comply with any handouts enclosed with this acknowledgment. RECEIPT JEFFREY EPSTEIN I. STATE OF FLORIDA 4DCA#: 4D09-2554 Receipt # R2009-1015476 Method of Payment: CK Check # 25986 PAYER: Jane Kreusler-Walsh Filing Fee: $300.00 Total: $300.00 EFTA00233604

cc: Barbara J. Compiani Jane Kreusler-Walsh Deanna K. Shullman Hon. Jeffrey J. Colbath Jack A. Goldberger State Attorney-P.B. Spencer T. Kuvin Robert D. Critton, Jr. U.S. Attomey'S Office William J. Berger EFTA00233605

DISTRICT COURT OF APPEAL FOURTH DISTRICT 1525 PALM BEACH LAKES BLVD. WEST PAUA BECK FLORIDA 33401 CK U.S. Attorney'S Office Southern District 500 South Australian Avenue Suite 400 West Palm Beach, FL 33401 4D09-2554 3340i-1-S23S )AmILAMH rr -J V:51 017H15532992 50.442 07101/2009 Mceled From 33401 O 0, .O EFTA00233606

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT, 1525 PALM BEACH LAKES BLVD., WEST PALM BEACH, FL 33401 July 1, 2009 CASE NO.: 4D09-2554 L.T. No. : 20098CF009381A JEFFREY EPSTEIN STATE OF FLORIDA Appellant / Petitioner(s), Appellee / Respondent(s). BY ORDER OF THE COURT: ORDERED that the motion to file under seal is granted. ORDERED FURTHER that this court grants the Motion to Use One Appendix to Support the Emergency Petition for Writ of Certiorari and Emergency Motion to Review Denial of Stay. ORDERED FURTHER that this court grants petitioners Emergency Motion to Review the Order June 26, 2009, that denies the motion for stay. The June 25, 2009, order granting the motion to unseal is stayed pending further order of this court. ORDERED FURTHER that within ten (10) days of this order respondent shall show cause why the petition should not be granted. Respondent shall address this court's jurisdiction to review the order as well as the merits of the petition. ORDERED FURTHER that petitioner may have ten (10) days thereafter to reply. I HEREBY CERTIFY that the foregoing is a true copy of the original court order. Served: Sharon R. Bock, Clerk Robert D. Critton, Jr. Deanna K. Shullman Hon. Jeffrey J. Colbath dl Barbara J. Compiani Jane Kreusler-Walsh Spencer T. Kuvin A anters StiSordelen ARILeYN BEUTTENMULLER, Clerk Fourth District Court of Appeal Jack A. Goldberger U.S. Attorney's Office William J. Berger EFTA00233607

DISTRICT COURT OF APPEAL Fougm Disna 1525 PMM BEACH LAKES DSO. WEST P ALIA BEACH, FLORIDA 33401 DL U.S. Attorney'S Office Southern District 500 South Australian Avenue Suite 400 West Palm Beach, FL 33401 " 4D09-2554 C17?-:15532992 K $0.44Q 07/0112009 NIZtle0 From 33/10 i US POSTAGE EFTA00233608

IN THE DISTRICT COURT OF APPEAL FOURTH DISTRICT OF FLORIDA CASE NO. 4D09-2554 JEFFREY EPSTEIN, Petitioner, VS. STATE OF FLORIDA, PALM BEACH NEWSPAPERS, INC., E.W., and B.B., Respondents. Pending in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, Case Nos. 2006 CF 9454AMB, 2008 CF 9381 AMB PALM BEACH NEWSPAPERS, INC. d/b/a THE PALM BEACH POSTS RESPONSE TO EMERGENCY PETITION FOR WRIT OF CERTIORARI THOMAS, LoCICERO & BRALOW PL Deanna K. Shullman James B. Lake 101 N.E. 3rd Avenue, Suite 1500 Ft. Lauderdale, Florida 33301 EFTA00233609

TABLE OF CONTENTS TABLE OF AUTHORITIES INTRODUCTION 1 JURISDICTION 2 NATURE OF THE RELIEF SOUGHT 2 STATEMENT OF THE CASE AND FACTS 3 SUMMARY OF THE ARGUMENT 7 ARGUMENT 8 I. STANDARD OF REVIEW. 8 II. THE TRIAL COURT CORRECTLY UNSEALED THE NPA. 8 A. The NPA was not Properly Sealed in the First Instance. 8 1. Closure of the Non-Prosecution Agreement Improperly Occurred without a Motion, Notice, Hearing, or a Proper Order. 11 2. Closure of the Addendum Improperly Occurred without any Procedures to Protect the Right of Access at all. 12 B. No Basis Exists for Current Closure of the Non-prosecution Agreement or Its Addendum. 13 1. Petitioner Cannot Identify a Rule 2.420(cX9) Interest that Warrants Closure. 16 2. The Federal Court's Decisions in Case No. 08-80736 (S.D. Fla. 2008) Did Not Preclude the Lower Court's Orders Unsealing the NPA. 19 3. Federal Rule of Criminal Procedure 6 Did Not Preclude the Lower Court's Orders Unsealing the NPA 21 CONCLUSION 25 CERTIFICATE OF SERVICE 26 EFTA00233610

TABLE OF AUTHORITIES Federal Cases Craig I Harney, 331 U.S. 367 (1947) 8 Doe,. Hammond 502 F. Supp. 2d 94 (D.D.C. 2007) 24 In re Grand Jury Investigation of Ven-Fuel, 441 F. Supp. 1299 (M.D. Fla. 1977) 23, 24 Lockhead Martin Corp. I. Boeing Co., 393 F. Supp. 2d 1276 (M.D. Fla. 2005) 23 Oregonian Publishing Co.'. United States District Court, 920 F.2d 1462 (9th Cir. 1990) 9 U.S. I Rosen, 471 F. Supp. 2d 651 (E.D. Va. 2007) 23 United States'. Kooistra, 796 F.3d 1390 (11th Cir. 1986) 9 State Cases Anderson I E.T., 862 So. 2d 839 (Fla. 4th DCA 2003) 8 Barron'. Florida Freedom Newspapers, Inc., 531 So. 2d 113 (Fla. 1988) 10 Combs State 436 So. 2d 93 (Fla. 1983) 8 Doe I Museum of Science and History of Jacksonville. Inc., Case No. 92.32567, 1994 WL 741009 (Fla. 7th Jud. Cir. June 8, 1994) 17 Fla. Sugar Cane League. Inc. I Fla. Dept. of Envtl. Reg., Case No. 91-2108 (Fla. 2d Jud. Cir. Sept. 20, 1991) 22 Hous. Auth. of the City of Daytona Beach,. Gornillion, 639 So. 2d 117 (Fla. 5th DCA 1994) 21 In re Amendments to Florida Rule of Judicial Administration 2.420 954 So. 2d 16 (Fla. 2007) Sarasota Herald Tribune. Div. of the New York Times Co.'. Holtzendorf, 507 So. 2d 667(Fla. 2d DCA 1987) 9 Sarasota-Herald Tribune I State, 924 So. 2d 8 (Fla. 2d DCA 2006) 2 Sentinel Communications Co. I Watson, 615 So. 2d 768 (Fla. 5th DCA 1993) 9 Wallace I. Guzman, 687 So. 2d 1351 (Fla. 3d DCA 1997) 21 ii EFTA00233611

Other Authorities Fla. Const. Art. I, § 23 18 Fla. Const. Art. I, § 24 2 Fla. R. App. P. 9.100(d) 2 Fla. R. Jud. Admin. 2.420 18 iii EFTA00233612

INTRODUCTION This appeal concerns attempts to thwart public scrutiny of how government responded to the prostitution of children in Palm Beach County. In the order at issue below, the trial court correctly unsealed a non-prosecution agreement and its addendum. A predecessor judge found that the agreement significantly induced Petitioner to accept a plea agreement that allowed him to serve 18 months in jail for luring children to his Palm Beach mansion for "massages" or sexual activity. At the time that the non-prosecution agreement and its addendum (collectively "the NPA") were accepted for filing, no basis for closure was asserted or found. Thus, the NPA was not properly sealed, and the prior closure order was properly vacated. Moreover, no basis currently exists for closure, and the pending petition — like Petitioner's filings below — contain nothing more than unsubstantiated assertions that confidentiality is required. Thus, continued closure is not warranted. Certainly unsealing the documents was not such a clear departure from the essential requirements of law as to warrant certiorari relief. Consequently, the pending petition must be denied. In addition, this Court should exercise its inherent authority under Rule 9.410 of the Florida Rules of Appellate Procedure to sanction Petitioner for his frivolous and bad faith attempts to cloak the resolution of the criminal charges 1 EFTA00233613

against him in secrecy by awarding to Respondent, Palm Beach Newspapers, Inc. d/b/a The Palm Beach Post ("the Post") its attorneys' fees and costs in responding to this petition. JURISDICTION The Post adopts Respondent E.W.'s statement concerning jurisdiction. Insofar as this Court finds jurisdiction, the Post requests that this Court expedite its consideration of this matter, so as to remedy the denial to date of the public's and press's constitutional and common law rights of access. Art. I, § 24, Fla. Const.; Fla. R. App. P. 9.100(d); Sarasota-Herald Tribune'. State, 924 So. 2d 8, 11 (Fla. 2d DCA 2006) (rule 9.100(d) permits "expedited" review of orders excluding the press). NATURE OF THE RELIEF SOUGHT The Post asks this Court to deny the pending petition and to let stand the circuit court's Orders dated June 25, 2009 and June 26, 2009, which unsealed the NPA, and directed the Clerk of Court in and for the Fifteenth Judicial Circuit of Florida to release these records to the public.' Petitioner has sought review of the June 26, 2009 Order by motion rather than by petition for writ of certiorari. Though the June 26 Order does address the matter of Petitioner's request for stay, the order also directs the Clerk of Courts to release the records, review of which should have been sought by certiorari. 2 EFTA00233614

STATEMENT OF THE CASE AND FACTS This proceeding concerns the public's constitutional and common law rights of access to records crucial to the disposition of criminal charges against Petitioner Jeffrey Epstein. Specifically, Petitioner seeks review of two orders unsealing a non-prosecution agreement and its addendum (collectively the "NPA"), which are records of the trial court below. State I Epstein, Case Nos. 06 CF9454AMB, 08 CF938 1 AMB. Petitioner was investigated by the State of Florida for felony solicitation of children for prostitution. (A-7 at p. 3, I. 15 — p. 4,1. 4; A-8.) The victims allege Epstein brought and paid teenage girls to come to his home for sex and/or "massages." (A-11 at ¶ 6 and n. 1.) Epstein's minor victims are numerous (A-7 at p. 20, II. 13-18) and the case drew attention of the highest-ranking law enforcement officials in Palm Beach County. Frustrated during the course of the investigation, Police Chief even penned a letter to State Attorney Barry Krischer, calling his office's handling of the investigation "highly unusual" and suggesting that he disqualify himself from the case if the state would not act (A-11 at ¶ 6; A- 18 at p. 36,11. 7-142.) A federal investigation of Epstein's conduct as it relates to soliciting children for prostitution ensued. 2 References to "A-" are to Petitioner's Appendix. 3 EFTA00233615

Then abruptly, in June 2008, Epstein pleaded guilty in the trial court below to felony solicitation of minors for prostitution, was designated a Sexual Offender pursuant to Florida law, and was sentenced to 18-months jail and community control. (A-8.) Before accepting the terms of his state plea, Epstein entered into a non-prosecution agreement with federal prosecutors. (A-7 at p. 38,11. 9-18.) The non-prosecution agreement and its addendum were filed under seal in the lower court on July 2, 2008 and August 25, 2008, respectively.3 According to Epstein's lawyers (and presumably the NPA itself), taking the state plea was a condition of the NPA. (A-7 at p. 38,11. 13-18.) The NPA is invalidated if Epstein fails to fulfill the obligations of the state plea deal (A-7 at p. 38, 11. 22 - 25.) In accepting the state plea, the trial court viewed the NPA a "significant inducement in accepting" the plea and recognized that the NPA influenced the defendant to make the state plea. (A-7 at p. 39,11. 19-21; p. 40,11. 10-13.) In considering the plea at the hearing, the court requested a sealed copy of the non-prosecution agreement and asked whether Petitioner had signed it. (A-7 at 3 The NPA and its addendum were filed under seal in this Court on July 1, 2009. 4 The Post and its lawyers have not seen the NPA, though it was reviewed, in camera, by the trial court (A-19). 4 EFTA00233616

p. 40,11.4-6.) Epstein's lawyer indicated it was signed and interjected that he "would like to seal the copy." (A-7 at p. 40,11. 7-9.) Representatives from the U.S. Attorneys' Office were present at the hearing (A-7 at p. 39,11. 22-23) but stated no objection to filing the non-prosecution agreement in the state court file. Thereupon, without any further consideration, the trial court requested a sealed copy of the non-prosecution agreement. (A-7 at p. 40,11.9-10.) On July 2, 2008, without any further proceedings on the issue, the court entered an Agreed Order Sealing Document in Court File, which allowed Epstein to file the non-prosecution agreement that was attached to the Agreed Order under seal. (A-9.) By its terms, the closure order was limited to the non-prosecution agreement and did not include its addendum. The order makes no findings with respect to closure and never expires. (A-9.) The addendum was filed six weeks later, on August 25, 2008, without any further order of the Court with respect to closure. Since Epstein pleaded guilty to soliciting a minor for prostitution, he has been named in at least 12 civil lawsuits that — like the charges in this case — allege Epstein lured teenage girls to his Palm Beach mansion for sex and/or "massages." (A-1)5 At least 11 cases are pending. In another lawsuit, one of the Epstein's 5 See also A-11 at ¶ 6 (citing Doe I Epstein, Case No. 08-80069 (S.D. Fla. 2008); Doe No. 2 I Epstein, Case No. 08-80119 (S.D. Fla. 2008); Doe No. 3. Epstein, Case No. 08-80232 (S.D. Fla. 2008); Doe No. 4. I. Epstein, Case No. 08- (Footnote continued on next page) 5 EFTA00233617

accusers has alleged that federal prosecutors failed to consult with her regarding the disposition of possible charges against Epstein. (A-1; A-18 at p. 22,1. 20 — p. 23,1. 15.)6 Given the important public interest in this matter, on June 1, 2009, the Post moved to intervene below for the purpose of obtaining access to the NPA. The Court granted the Post's motion to intervene on June 10, 2009 (Supp.A.-1 at 1.)7 The trial court granted the Post's petition for access on June 25, 2009 (A-16, A-18) and on June 26, 2009 denied Epstein's motion for stay and directed the clerk to release the records at noon on Thursday, July 2, 2009. (A-17, A-19.) Epstein's emergency petition for writ of certiorari regarding the June 25, 2009 order and his emergency motion to review the June 26, 2009 order followed. 80380 (S.D. Fla. 2008); Doe No. 5 I Epstein, Case No. 08-80381 (S.D. Fla. 2008); C.M.A. I Epstein, Case No. 08-80811 (S.D. Fla. 2008); Doe I Epstein, Case No. 08-80893 (S.D. Fla. 2008); Doe No. 7 Epstein, Case No. 08-80993 (S.D. Fla. 2008); Doe No. 6 I Epstein, Case No. 08-80994 (S.D. Fla. 2008); Doe II I Epstein, Case No. 09-80469 (S.D. Fla. 2009); Doe No. 101 I Epstein, Case No. 09-80591 (S.D. Fla. 2009); Doe No. 102 I Epstein, Case No. 09-80656 (S.D. Fla. 2009); Doe No. 8 I Epstein, Case No. 09-80802 (S.D. Fla. 2009)). 6 See also (A-I I at 116) (citing In re: Jane Doe, Case No. 08-80736 (S.D. Fla. 2008)). 7 References to "Supp.A." correspond to the supplemental appendix filed by the Post simultaneous with this brief. 6 EFTA00233618

SUMMARY OF THE ARGUMENT Petitioner's initial filing of the NPA under seal was achieved without any regard for the public's constitutional, statutory and common law rights of access. Florida law flatly prohibits the standardless permanent closure that was achieved in this case. The public has a right to know what transpires in its courtrooms generally and in particular has an interest in understanding how the resolution of this highly unusual prosecution occurred. Moreover, no present basis for closure exists. Petitioner has not shown — and cannot show — that continued closure is proper. Instead, he has made conclusory assertions and relied on red herrings in attempting to keep the public from understanding how government responded to his solicitation of children to perform sex acts. The trial court, having reviewed the records in camera, saw through Petitioner's flimsy arguments. The trial court did not depart from the essential requirements of law in ordering the records unsealed. 7 EFTA00233619

ARGUMENT I. STANDARD OF REVIEW. The standard of review for a petition for writ of certiorari is whether the trial court departed from the essential requirements of law. See Combs State, 436 So. 2d 93, 95 (Fla. 1983); Anderson E.T., 862 So. 2d 839, 840 (Fla. 4th DCA 2003). II. THE TRIAL COURT CORRECTLY UNSEALED THE NPA. The NPA was neither properly sealed in the first instance nor is properly sealed at present. The trial court did not depart from the essential requirements of law in unsealing the records. A. The NPA was not Properly Sealed in the First Instance. The NPA — a significant inducement to Petitioner's acceptance of the plea — was accepted for filing under seal without any deference to the public's right of access to court records. Such standardless closure cannot withstand scrutiny. Florida has traditionally served as a model for open government and courts. It is well-settled in Florida that "[a] trial is a public event [and] [w]hat transpires in the court room is public property." Miami Herald Publ'g Co. I. Lewis, 426 So. 2d 1, 7 (Fla. 1982) (quoting Craig'. Harney, 331 U.S. 367, 376 (1947)). When considering a request to seal judicial records, this Court's "analysis must begin 8 EFTA00233620

with the proposition that all civil and criminal court proceedings are public events, records of court proceedings are public records and there is a strong presumption in favor of public access to such matters." Sentinel Communications Col. Watson, 615 So. 2d 768, 770 (Fla. 5th DCA 1993). Indeed, the people of this State added Article I, Section 24 to the Declaration of Rights in the Florida Constitution to make clear that the right of access to the records of all three branches of government is of constitutional magnitude. All citizens possess the right to "inspect or copy" such records. Plea agreements and related documents typically are public record. See Oregonian Publishing Co... United States District Court, 920 F.2d 1462, 1465 (9th Cir. 1990) ("plea agreements have typically been open to the public"); United States . Kooistra, 796 F.3d 1390, 1390-91 (11th Cir. 1986) (documents relating to defendant's change of plea and sentencing could be sealed only upon finding of a compelling interest that justified denial of public access). Florida law likewise recognizes a strong public right of access to documents a court considers in connection with sentencing. See Sarasota Herald Tribune, Div. of the New York Times Co. I. Holtzendorf, 507 So. 2d 667, 668 (Fla. 2d DCA 1987) ("While a judge may impose whatever legal sentence he chooses, if such sentence is based on a tangible proceeding or document, it is within the public domain unless otherwise 9 EFTA00233621

privileged."). Under Florida law, closure of judicial records is warranted only under very limited circumstances. In particular, the party seeking closure must demonstrate that: 1. restricting public access is necessary to prevent a serious and imminent threat to the administration of justice; 2. no alternatives, other than a change of venue, would protect the defendant's right to a fair trial; and 3. closure would be effective in protecting the rights of the accused, without being broader than necessary to accomplish this purpose. Miami Herald Publ'g Co. Lewis, 426 So. 2d 1, 6 (Fla. 1982). This test, as well as the standard announced in Barron I. Florida Freedom Newspapers, Inc., 531 So. 2d 113 (Fla. 1988), was essentially codified in former Rule of Judicial Administration 2.051, now 2.420, which was applicable in both criminal and civil cases. Sarasota-Herald Tribune, 924 So. 2d at 11. In April 2007, the Florida Supreme Court adopted emergency amendments to Rule 2.420 in response to Florida media reports of hidden cases and secret dockets, a process that has come to be known as "super-sealing." In re Amendments to Florida Rule of Judicial Administration 2.420, 954 So. 2d 16 (Fla. 2007). In adopting the interim rule, the Florida Supreme Court confirmed its commitment to safeguarding the public's constitutional right of access to court 10 EFTA00233622

records, which the Court held "must remain inviolate." Id. at 17. By its terms, Rule 2.420 does not apply to criminal cases; however, later this year the Supreme Court will consider amendments to the rule that essentially seek to apply the standards applicable in civil cases to criminal ones. See In re Amendments to Florida Rule of Judicial Administration 2.420, Case No. 07-2050 (Fla. 2007). In the circuit below, however, the new Rule 2.420 procedures have been in effect since September 29, 2008. (Supp.A.-2.) In addition, the sealing of the NPA violated principles of Florida law established long before the amendments to Rule 2.420. Consequently, the unsealing of these documents was proper. 1. Closure of the Non-Prosecution Agreement Improperly Occurred without a Motion, Notice, Hearing, or a Proper Order. The non-prosecution agreement was sealed pursuant to an agreed order dated July 2, 2008 (A-9.) At the time, Fifteenth Judicial Circuit Administrative Order 2.032 applied to requests for closure of court records in the lower court. (Supp.A.-3.) The order requires a motion, notice, and a hearing, none of which occurred in this case. (Id. at Till — 3.) The order further provides that closure is proper only upon showing that the factors set forth in Lewis have been met (IL 4) and that "[t]he reasons supporting sealing the file must be stated with specificity in the order sealing the court record" (Id. at 115), neither of which occurred in this 11 EFTA00233623

case. Contrary to Petitioner's assertion (Petition at 13) neither this rule, nor the common law of Florida, nor the Florida constitution contemplates sua sponte closure of court records upon simple request of the Court or any party. Nor was the closure, in fact, sua sponte, as Epstein himself requested closure (A-7 at p. 40, 11. 7-9.) and admittedly filed the NPA in the court file under seal pursuant to an agreed order (A-18 at p. 11,11. 22-23). The agreed order (A-9) contains none of the findings required by Lewis or paragraph 5 of the Administrative Order. The closure order is invalid and was properly vacated. 2. Closure of the Addendum Improperly Occurred without any Procedures to Protect the Right of Access at all. With respect to the sealing of the addendum to the non-prosecution agreement, no procedures were put in place at all. The original non-prosecution agreement was attached to the July 2, 2008 agreed order, which allowed to be filed under seal the "attached document" only. (A-9.) It appears from the record that the addendum — which was not attached to the July 2, 2008 order but was filed six weeks later — was simply filed and accepted under seal without any order allowing for closure. Closure of the addendum was thus improper on that basis as well. The trial court properly unsealed these documents. 12 EFTA00233624

B. No Basis Exists for Current Closure of the Non-prosecution Agreement or Its Addendum. After the Post intervened, at a June 10, 2009 hearing on the issue of closure, the trial court asked Epstein's counsel about the Post's motion (A-11) specifically. Epstein's counsel replied: If the Post's position is the public has a right to acc — access this then there is a procedure in place and ultimately the Court has to conduct a hearing and do a balancing test where you look at whether there is some compelling government interest and that's going to require an evidentiary hearing. So I have no great objection to filing the Request for Closure and then having a hearing in front of the Court. (Supp.A.-1 at p. 3,1. 22— p. 4,1. 5.) Importantly, Petitioner's counsel did not assert that he had complied with these requirements, but that he would. The Court reset the hearing for June 25, 2009. Petitioner filed a Motion to Make Court Records Confidential (A-13) on June 11, 2009. In it, Epstein cited four reasons the NPA should remain under seal: 1. to prevent a serious and imminent threat to the administration of justices; 2. to protect a compelling government interest; 3. to avoid substantial injury to innocent 8 This assertion apparently has been abandoned by Petitioner, because his petition asserts that he has asserted three bases for confidentiality, and does not include this basis. Accordingly, it will not be addressed, except to make note of the fact that Epstein has not at any point in this proceeding identified a threat to the administration of justice, much less a serious and imminent threat. 13 EFTA00233625

third parties; and 4. to avoid substantial injury to a party by disclosure of matters protected by a common law and privacy right, not generally inherent in these specific type of proceedings sought to be closed. (A-13 at115.) The motion failed to explain how these interests were implicated, failed to address alternatives to closure, and failed to explain how closure would protect the interests. (A-13.) The lower court heard argument on June 25, 2009. The United States Attorneys' Office was provided notice of the hearing, but chose not to appear. (A- 18 at p. 7, II. 10-14.) In fact, the U.S. Attorney's Office has taken no position on this matter throughout the lower court proceedings and specifically informed counsel for E.W. that it had no position (A-18 at p. 7,11. 10-14.) At that hearing, the Court found that the proper procedures to initially seal the records were not followed and then heard argument from Epstein's counsel on his June 11, 2009 motion (A-13). Epstein's counsel consented to that procedure. (A-18 at p. 9,11. 16 -18.) The Judge held that neither the State, nor the U.S. Government, nor Epstein had shown why the NPA ought to remain confidential and ordered the records unsealed.9 (A-16.) 9 It is important to note that the State Attorney's Office appeared at the hearing for the limited purpose of objecting to the release of minor victim's names, which turned out to be a non-issue because the Court, having reviewed the documents in camera, determined that no victim's names were included in the documents (A-19 at p. 21,11. 14-19.) The federal government, as mentioned above, took no position (Footnote continued on next page) 14 EFTA00233626

The trial court did not depart from the essential requirements of law in unsealing the NPA. Administrative Order of the Fifteenth Judicial Circuit 2.303 applies to Petitioner's June 11, 2009 request to seal the records in this case. (Supp.A.-2.) That administrative order — consistent with Lewis and its progeny — applies Rule 2.420's standards to requests for closure of records in criminal proceedings in the Fifteenth Judicial Circuit. Any order authorizing closure must contain findings that one of the interests set forth in Rule of Judicial Administration 2.420(c)(9)(A) is met and that closure is no broader than necessary to protect that interest. (Supp.A.-2 at ¶ 4.); see also Lewis, 426 So. 2d at 3. Motions seeking closure must include a "signed certification by the party making the request that the motion is being made in good faith and is supported by a sound factual and legal basis." (Supp.A.-2 at11 1.) Epstein's initial oral request for closure failed to comply with the requirements of then-applicable law, and he has never presented a sound factual or legal basis for present closure. Consequently, unsealing the documents was fully consistent with the essential requirements of law. and did not appear at any of the hearings on this matter. Nor has either agency appealed the lower court's decision. 15 EFTA00233627

1. Petitioner Cannot Identify a Rule 2.420(c)(9) Interest that Warrants Closure. Though Epstein's belated written motion identified four interests set forth in Rule 2.420(c)(9) that purportedly warrant closure, he failed to explain — either in his motion or at the hearing — how any of them applied. Instead, Petitioner asserted closure was proper because these broad interests would be served by closure, principles of comity require closure, and because the records contain information protected from disclosure by Federal Rule of Criminal Procedure 6. Even though Petitioner now attempts to craft his arguments around the interests set forth in Rule 2.420(c)(9), the trial court cannot be said to have departed from the essential requirements of the law in holding that Epstein's burden had not been met. Epstein's petition asserts that closure is necessary to protect a compelling government interest because, he claims, the U.S. Attorneys' Office — who has been notified of these proceedings and has taken no position whatsoever — has a compelling interest in having the confidentiality provision of its contract with Mr. Epstein honored. See Petition at 15. Assuming such a provision exists (the Post has not seen the document), Petitioner is in no position to assert a compelling interest on the government's behalf, given its decision to take no position on the matter. If such an interest exists, the U.S. government is the party to assert it, and 16 EFTA00233628