EFTA00190764.pdf

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Access all the tools you need. ww r a randy lanan 519 ( :70 4..wdenre EFTA00190764 EFTA00190765  U.S. Department of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, Ste 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (561) 820-8777 July 19, 2013 DELIVERY BY FEDERAL EXPRESS Brad Edwards, Esq., Fanner Jaffe Weissing Edwards Fistos Lehrman 425 N Andrews Ave Ste 2 Fort Lauderdale, FL 33301-3268 Re: Jane Doe #1 and Jane Doe #21. United States Dear Brad: Enclosed please find: (1) One DVD containing documents Bates Stamped 000001 thru 000979; (2) Documents bearing Bates Nos. P-003652 thru P-003663; (3) Documents bearing Bates Nos. P-008300 thru P-008343; (4) Documents bearing Bates Nos. P-008891 thru P-009103; (5) Documents bearing Bates Nos. P-009114 that P-009115; (6) Documents bearing Bates Nos. P-009712 thru P-009819; (7) A copy of the Privilege Log that was filed with the Court; and (8) A copy of the Responses to your Requests for Admissions that were filed with the Court. Please let me know if you have any difficulties with any of the copies. Sincerely, Wifredo A. Ferrer U Atto ey By: A. Mane Vi Assistant United States Attorney cc: Dexter Lee, Esq. EFTA00190766 EFTA00190767 Case No. 08-80736-CV-MARRA P-003652 r• IA *I; EFTA00190768 Case 9:08-cv-80069-KAM Document 7-1 Entered on FLSD Docket 02/13/2008 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-80069-CIV-MARRA/JOHNSON JANE DOE. NO. 1, by and through JANE DOB's FATHER as parent and natural guardian, and JANE DOB's FATHER, and JANE DOE's STEPMOTHER, individually, Plaintiffs, vs. JEFFREY EPSTEIN, Defendant. PLAINTIFFS' MEMORANDUM OF LAW IN OPPOSITION TO MOTION TO STAY PROCEEDINGS PENDING JANE DOE NO. 1 REACHING AGE OF MAJORITY Plaintiffs, Jane Doe No. 1, by and through Jane Doe's Father as parent and natural guardian, and Jane Doe's Father and Jane Doe's Stepmother, individually, submit this Memorandum of Law in Opposition to Motion to Stay Proceedings Pending Jane Doe No. 1 Reaching Age of Majority, as follows: I. Introduction This action alleges the sexual assault of Plaintiff Jane Doe No. 1 ("Jane Doe") by the Defendant when she was 14 years old. The Motion to Stay Proceedings filed by Jane Doe's Mother is without basis and should be stricken or denied for the following reasons: 1. It fails to include or be accompanied by a memorandum of law, in violation of S.D.Fla.L.R. 7.1(A)(1). This failure is particularly glaring here, as there is no obvious or apparent legal basis for the stay sought by Jane Doe's Mother, and in preparing this Memorandum of Law in Opposition, Plaintiff is left to guess at the authorities relied upon by Janc Doe's Mother. MERMAN S MERMELSTEIN, P. A. www.hermanlaw.com -1- Case No. 08-80736-CV-MARRA P-003653 EFTA00190769 Case 9:08-cv-80069-KAM Document 7-1 Entered on FLSD Docket 02/13/2008 Page 2 of 5 2. The Motion to Stay was not served on all parties as shown on the Motion's Certificate of Service. Only Plaintiffs counsel was served with the Motion. Asa result, notice of the relief sought by Jane Doe's Mother is fatally defective. 3. Jane Doe's Father, by Court Order, was awarded full custody of the Minor Plaintiff, and is thus her sole natural guardian. Jane Doe's Mother is not Jane Doe's natural guardian under Florida law, and thus has no standing to seek a stay of this action on behalf of Jane Doe. 4. A stay would serve no constructive purpose or function in this litigation, but would only unnecessarily delay this case. Based on any or all of the foregoing grounds, as further discussed below, the Motion to Stay should be denied. II. Arnument THE MOTION TO STAY IS PROCEDURALLY AND SUBSTANTIVELY DEFECTIVE A. The Motion to Stay Violates the Local Rules and Was Served Without Sufficient Notice Under S.D.Fla.L.R. 7.1(A)(1), "[e]very motion when filed shall include or be accompanied by a memorandum of law citing supporting authorities. . ."I No such memorandum of law was filed with the Motion to Stay. Plaintiff is prejudiced by this omission because he has had no notice of what authorities Jane Doe's Mother relies upon for the relief sought in her Motion. As a result, the Motion to Stay is defective and should be stricken. The Motion to Stay also raises due process concerns because it was not served on all parties according to the Certificate of Service accompanying the Motion. The Defendant has not yet filed an appearance in the case, and his response to the Complaint is not yet due. The Motion to Stay is ' The stated exceptions to Rule 7.1(A)(1) are inapplicable here. HERMAN & MERMELSTEIN, P. A. www.hermanlaw.com -2- Case No. 08-80736-CV-MARRA P-003654 EFTA00190770 Case 9:08-cv-80069-KAM Document 7-1 Entered on FLSD Docket 02/13/2008 Page 3 of 5 therefore premature and defective for lack of notice. B. Jane Doe's Mother is Not Jane Doe's Natural Guardian, and Therefore Has No Standing to Seek a Stay on Her Behalf The Motion to Stay and supporting Affidavit of Jane Doe's Mother contain the following false and misleading statements: a. "Jane Doe No. 1 is a minor child . . . who, is under the joint control of her parents and natural guardians, Jane Doe's Father and Jane Doe's Mother, who are divorced." (Motion to Stay Proceedings, 1 1) (emphasis supplied). b. "I am the mother and natural guardian for Jane Doe No. 1...." (Affidavit of Dawn LaVogue Sandberg, Exh."A" to Motion to Stay, 1 1) (emphasis supplied). Jane Doe's Mother does not have "joint control" or legal custody of Jane Doe, and is not her natural guardian under Florida law. Jane Doe's Mother and Jane Doe's Father entered into a Custodial Parent Modification dated March 28, 2006. This Modification was granted by Court Order dated April 25, 2006. (A copy of the Custodial Parent Modification and the Order Granting Custodial Parent Modification are attached hereto as Composite Exhibit "A").2 The Custodial Parent Modification states as follows: "Full Parental Custody of both minor children shall be granted to former husband [Jane Does' Father]." (Custodial Parent Modification,1 3) (emphasis supplied). Under Florida statutory law, in the case of a dissolved marriage, only the parent awarded custody can be the natural guardian of the minor child: "If the marriage between the parents is dissolved, the natural guardianship belongs to the parent to whom custody of the child is awarded." §744.301(1), Fla. Stat. (emphasis supplied). It is therefore abundantly clear that Jane The names ofJane Doe and Jane Doe's Father are redacted from Exhibit "A" hereto to protect the Minor Plaintiff's anonymity. (See Complaint 1 4). HERMAN 5. MERMELSTEIN, P. A. votAchemunlaw.com -3- Case No. 08-80736-CV-MARRA P-003655 EFTA00190771 Case 9:08-cv-80069-KAM Document 7-1 Entered on FLSD Docket 02/13/2008 Page 4 of 5 Doe's Father, as the custodial parent, is the natural guardian, and the only natural guardian, of Jane Doe. As the natural guardian, Jane Doe's Father may sue on behalf of Jane Doe. See Fed.R.Civ.P. 17(b) (providing that capacity to sue or be sued shall be determined by the law of the state in which the district court is held). Because Jane Doe's Father, as her natural guardian, represents her interests in this lawsuit, there is no legal basis for Jane Doe's Mother to assert the right to represent Jane Doe. Jane Doe's Mother lacks standing to seek a stay or other relief from this Court on behalf of Jane Doe. C. There Is No Leeal Basis for a Stay A stay of proceedings may be appropriate in a situation where it will avoid piecemeal litigation, conserve judicial resources, aid in the comprehensive disposition of the litigation, or serve as a means of controlling the district court's docket. See American Manufacturers Mutual Ins. Co. I. Edward D. Stone Jr. & Assoc., 743 F.2d 1519 (1 1 th Cir. 1984). For example, a stay may be considered in a case where there is another pending lawsuit or administrative proceeding addressing the identical issues. See Ortega Trujillo'. Conver & Co. Communications, Inc., 225 F.3d 1262 (11th Cir. 2000). Even then, a case in federal court should not be stayed absent "exceptional circumstances." American Manufacturers, 743 F.2d at 1524-1525. Here, the only conceivable purpose that would be served by a stay is delay, which would be to Jane Doe's prejudice. A stay would not be in the interests of judicial economy and efficiency, and would not aid in a resolution of this litigation. Because there is no legitimate argument for a stay in this case, the Motion should be denied. HERMAN & MERMELSTEIN, P. A. www.hermanlaw.com Case No. 08-80736-CV-MARRA P-003656 EFTA00190772 Case 9:08-cv-80069-KAM Document 7-1 Entered on FLSD Docket 02/13/2008 Page 5 of 5 III. Conclusion Based on the foregoing, the Motion to Stay is defective, deficient and meritless. Denial of the Motion is appropriate on multiple, alternative grounds. Plaintiffs therefore respectfully request that the Motion to Stay be denied. Dated: February 13, 2008 Respectfully submitted, By: 5/ Jeffrey M. Herman Jeffrey.M. Herman (FL Bar No. 521647) ihermanOltermanlaw.com Stuart S. Mermelstein (FL Bar No. 947245) smennelstein@lennanlaw.com Adam D. Horowitz (FL Bar No. 376980) ahorowitzahermanlaw.COM HERMAN & MERMELSTEIN, P.A. Attorneysfor Plaint:1ft Jane Doe et al. 18205 Biscayne Blvd., Suite 2218 Miami, Florida 33160 Tel: 305-931-2200 Fax: 305-931-0877 CERTIFICATE OF SERVICE I hereby certify that on February 13, 2008, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on the following, via transmission of Notices of Electronic Filing generated by CM/ECF: Theodore Jon Leopold tleonold@riecilaw.com /s/ Jeffrey M. Herman HERMAN S. MERMELSTEIN, P. A. viww.hermanlaw.coin -5- Case No. 08-80736-CV-MARRA P-003657 EFTA00190773 Case 9:08-cv-80069-KAM Document 7-2 Entered on FLSD Docket 02/13/2008 Page 1 of 6 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL COURT IN AND FOR PALM BEACH COUNTY, FLORIDA FAMILY DIVISION %a CASE 81 :1 lid Cq cci;n• IN RE: THE FORMER MARRIAGE OF DAWN LAVOGUE-SANDBERG, Petitioner/Former Wife, vs. Respondent/Former Husband / CUSTODIAL PARENT MODIFICATION THIS AGREEMENT is made in Palm Beach County, Florida between DAWN LAVOGUE-SANDBERG, hereinafter referred to as the "Former Wife" and a INS hereinafter referred to as "Former Husband". In consideration of the mutual undertakings herein contained, the pates agree as follows: 1. STATUS OF PARTIES: The parties were divorced on June 18, 1991. The custodial parent circumstances of the parties have changed, they desire to adjust their responsibilities for custodial parent of their minor children. GAG Case No. P-003658 EFTA00190774 Case 9:08-cv-80069-KAM Document 7-2 Entered on FLSD Docket 02/13/2008 Page 2 of 6 LAVOGUE-SANDBERG ands Case No. 2. PURPOSE OF AGREEMENT AND CONSIDERATION: The purpose of this Agreement is to effect a complete settlement, with reference to the parties's obligations with respect to the visitation and parental responsibility of the two minor children, and 3. CUSTODY OF MINOR CHILDREN: Full Parental Custody of both minor children shall be granted to Former Husband. Both minor children shall reside with Former Husband in Florida. 4. VISITATION: • 4 Former Wife shall be entitled to open communication between herself and minor children. Former Wife shall receive visitation as often as children desire but shall be at minimum once a year. All plane fare for said visitation shall be at the expense of Former Wife except In such case Former Husband shall for any reason need children to commute to Former Wife in Georgia for personal, emergency, or necessary reasons then Former Husband shall pay for said plane fare. 6. lotNANCIAL RESPONSIBILITY: Former Husband shall hold complete financial responsibity for both minor children including but not limited to all medical, dental, vision, etc. care and or insurance. Former Husband shall be granted both Florida Prepaid College Programs for both minor children and be responsible for college tuition, etc. payments. Former Husband shall claim both minor children on his personal Income taxes beginning 2006 tax year. -2- DLS DA Case No. 08-80736-CV-MARRA P-003659 EFTA00190775 Case 9:08-cv-80069-KAM Document 7-2 Entered on FLSD Docket 02/13/2008 Page 3 of 6 LAVOGUE-SANDBERG an' Case No. 6. AGREEMENT BINDING: This Agreement and all the obligations and covenants hereunder shall bind the parties hereto, their heirs, executors, administrators, legal representatives and assigns. it 1::. 7. REPRESENTATIONS: The parties represent to each other that: A. The parties fully understand the facts as to their legal rights and obligations. Each is signing the Agreement freely and voluntarily, Intending to be bound by It. B. The laws of Florida shall govern the validity, construction, interpretation and effect of this Agreement. C. Neither party is represented by legal counsel. 8. PARAGRAPH HEADINGS: Paragraph headings are provided for convenience in locating paragraphs and are not intended to add or detract anything from language of the paragraphs. -3- DLS DAG Case No. 08-80736-CV-MARRA P-003660 EFTA00190776 Case 9:08-cv-80069-KAM Document 7-2 Entered on FLSD Docket 02/13/2008 Page 4 of 6 LAVOGUE-SANDBERG anal. Case No. - STATE OF FLORIDA COUNTY OF PALM BEACH Mardi BEFORE ME,' the undersigned authority, this al 1 $ day of,AprIl, 2006, personally appeared DAWN LAVOGUE-SANDBERG, who is personally known to me or has provided a valid Georgia Drivers License and who after being duly sworn, deposes and says that she is Former Wife in the above and foregoing Agreement; that she has read the foregoing Agreement and that she has executed the same freely and voluntarily for the purposes therein expressed. airuritSctodik, Notary Public My Commission Expires: tk-^0,14-01- BEFORE ME, the undersigned authority, this A5'a day olikpril, 2006, personally appearedS who is personally known to me JZ:or has provided a valid Florida Drivers License and who after being duly sworn, deposes and says that he is Former husband in the above and foregoing Agreement; that he has read the foregoing Agreement and that he has executed the same freely and voluntarily for the purposes therein expressed. otary Public My Commission Expires: S. 4- o7 WE a a t SOSA NOTARY PUBLIC -5- COMMISSION NO. OD209030 Case No. 08-80736-CV-MARRA P-003661 EFTA00190777 Case 9:08-cv-80069-KAM Document 7-2 Entered on FLSD Docket 02/13/2008 Page 5 of 6 LAVOGUE-SANDBERG a d Case No. IN WITNESS WHEREOF, the parties hereto have signed and acknowledged this Agreement in the presence of the witnesses signing below on this 2_2 day of tvect-k April 2006. nature (Witness # ) Dawn LaVogue-Sandberg 115/q a. itACE (Print) (Witness #1) Nom, titn s #2) 7(1) whi (Print) ' (Print) (Witness 1) aF 9. 1 :24T- 7 Sign ure (Witness #2) £1"//e 44 &2' (Print) (Witness #2) -4- Case No. 08-80736-CV-MARRA P-003662 EFTA00190778  Case 9:08-cv-80069-KAM Document 7-2 Entered on FLSD Docket 02/13/2008 Page 6 of 6 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL COURT IN AND FOR PALM BEACH COUNTY, FLORIDA IN RE: THE FORMER MARRIAGE OF DAWN LAVOGUE-SANDBERG, Petitioner/Former Wife, FAMILY DIVISION CASE NO. /100.41 and Respondent/Former Husband ORDER GRANTING CUSTODIAL PARENT MODIFICATION COMES NOW before the court the CUTODIAL PARENT MODIFICATION and the court having been advised that the parties are in agreement, it is: ORDERED and ADJUDGED that said Custodial Parent Modification be GRANTED. DONE AND ORDERED in chambers this day of April, 2006. CIR UIT COURT JUDGE WILLIAM J. BERGER cc: Dawn Lavogue-Sandberg 411 Christophers CL Waleska, GA 30183 od` ltf: '•P Case No. 08-80736-CV-MARRA P-003663 EFTA00190779 Case No. 08-80736-CV-MARRA08300 p EFTA00190780  PLEA IN THE CIRCUIT COURT THE FOLLOWING IS TO REFLECT ALL TERMS OF THE NEGOTIATED SETTLEMENT Name: Jeffrey E. Epstein Piet Gutty Cate P . Charge Count IJisfer 0t9f41 06CF009454A1A8 Felony Solicitation of Prostitution 1 No 3 FEL 08CF0093814A46 Procuring Person Under 18 for Prostaution 1 No 2 FEL PSi: VVarvecithot Required X RequkedateqUested alaNgrall2ft Adjudicate N I SENTENCE: On 06CF009454AMB, the Defendant S sentenced to 12 montheln the Min Bath COUnty Detention Facility. with credit for 1 (one) day time served jr..t -7( On C03CF009381AMB, the Defendant S sentenced to 8 rnonthalhe Pan Beach County Detention Fay, watt credit ter 1 (one) thy time served. This 6 rnordh atdence is to be served consecutive b the 12 month sentence el MCF009454AMB. FoloMng this 8 month sentence, the Defendant wil be pieced on 12 months Community Control 1 (one). The conditions of community control are attached hereto and incorporated herein. OTHER COMMENTS OR cONADITML: As a special condition of RS community control, the Defendant S to have no unsupervised contact with minors, and the supervising adult mutt be approved by the Depertnent of Corrections. The Defendant s designated as a Sexual Offender pursuant to Florida Statute 943.0e and must abbe by al the corresponding requkements of the stable, a copy of ankh Is attached hereto and incorporated herein. The Deiendant must provide a DNA sample in court at the time of this plea! 7/ of Pete of 1 Case No. 08-80736-CV-MARRA P-008301 EFTA00190781  948.101 Tarns and conditions of community control and criminal quarantine community control.-- (1) The court shall determine the terms and conditorn of community control. Conditions specified in lids subsection do not requiro oral pronouncement at the time of sentencing and may be considered standard conditions of community control. (a) The court shall require intensive supervision and surveillance for an offender placed into community control, which may include but is not limited to: 1. Specified contact with the parole and probation officer. 2. Confinement to an agreed-upon residence during hours away from employment and public service activities. 3. Mandatory public service. 4. Supervision by the Department of Corrections by means of an electronic monitoring device or system. 5. The standard conditions of probation set forth in s. 948.01 (b) For an offender placed on criminal quarantine community control, the court shall require: 1. electronic monitoring 24 hours per day. 2. Confinement to a designated residence during designated hours. (2) The enumeration of specific kinds of terms and conditions does not present the court from adding thereto any other terms or conditions that the court t oathes proper. However, the sentencing court may only impose a condition of supervision allowing an offender convicted of s. 794.011, s. 800.04, s. 827.071, or s. 847.0145 to reside In another state if the order stipulates that it is contingent upon the approal of the receiving state interstate compact authority. The court may rescind or modify at any time tie terms and conditions theretofore imposed by it upon the offender In commtnity control. However, if the court withholds adjudication of guilt or imposes a period of incarceration as a condition of community control, the period may not exceed 364 days, and incarceration shall be restricted to a county facility, a probation and restitution center under the juriefictkm of the Department of Corrections, a probation program drug punishment phase I sectre residential treatment Institution, or a community residential facility owned or operated by any entity providing such services. (3) The court may place a defendant who is being sentenced for criminal transmission of fiN in violation of s. 775.0077 on criminal quarantine community control. The Department of Corrections shall develop and administer a criminal quarantine commtrity control program emphasizing intensive supervision with 24-hour-per-day electronic monitoring. Criminal quarantine community control status must include surveillance and may include other measures normally associated with community control, except that specific conditions necessary to monitor this population may be ordered. Case No. 08-80736-CV-MARRA P-008302 EFTA00190782  '943.0435 Sexual offenders required to register with the department; penalty.-- (1) As used in this section, the teen: (a)1. 'Sexual offend'? mews a person who meets the criteria in sub-subparagraph a., sub- subparagraph b., sub-subparagraph c., or sub-subparagraph d., as follows: a. (I) has been convicted of committing, or attempting, solkiting, or conspiring to commit, any of the criminal offenses proscribed in trio following statutes in this state or similar offonses in another jurisdiction: s. 787.01, s. 787.02, or s. 757.025(2)(c), where the victim is a minor and the defendant is not the victim's parent or guardian; s. 794.011, excluding s. 794.011(10); s. 714.05, s. 796.03• s. 796.035- s. 800.04; s. 825.1025; s. 627.071' s. 847.0133: s. 847.0115, (=fixity s. 847.0135(4); s. 847.0137. s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar offense committed in this state which has been redesignated from a former statute ntrnbor to one of those listed in this sub-sub-subparaceph; and (II) Has boon released on or after October 1, 1997, from the sanction imposed for any conviction of an offense described in sub-sub-subparagraph (I). For purposes of sib-sub- subparagraph (I), a sanction imposed in this state or fn any other jurisdiction includes, but Is not limited to, a fine, probation, commu•ty control, pe►ole, conditional release, control release, or Incarceration In a state prison, federal prison, private correctional facility, or local detention facility; b. Establishes or maintains a residence in this state and who has not designeited as a suet predator by a court of this state but who has been designated as a sexual predator, as a sexually violent predator, or by anothor sexual offender designation In another state or jurisdiction and was, as a resat of such designation, subjected to registration or community or public notification, or both, or would be if the person were a resident of that state or jurisdiction, without regard to whether tie person otherwise meets the criteria for registration as a sexual offender; c. Establishes or maintains a residence in this state who is in the custody or control of, or weer the supervision of, any other state or jurisdiction as a result of a conviction for committing, or attempting, sotkiting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes or similar offense in another jurisdiction: s. 717.01, s. 787.02 or s. 767.025(2)(c), where the victim is and the defendant is not the victim's parent or guardian; s. 794.011, excluding s. 794.011(10); s. 794.Q5; s. 796.03; s. 796.035; s. 800.04- s. 625.1025; s. 827.071. s. 047.0133; s. 847.0135, seeducting s. 847.0135(4); s. 847.0137. s. 847.0136; s. 847.0145; or s. 985.701(1); or any similar offense committed In this state which hes been redesignated from a former statute number to one of those listed in this sub-subparagraph; or d. On or after Sty 1, 2007, has been adjudicated delinquent for committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or similar offenses in another jtaildkUtia when the juvenile was 14 years of ago or older at the time of the offense: (I) Section 794.011, excluding s. 794.011(10); Suction 600.04(4)(b) whore the victim is undor 12 years of ago or where the court finds sexual activity by the use of force or coercion; (III) Section 800.04(5)(c)1. where the court finds molestation Irrrolving unclothed genitalsmez, Case No. 08-80736-CV-MARRA `. P-008303 EFTA00190783  (fV) Section a00.04 (5)(d) whore the court finds the use of force or coercion and unclothed genitals- 2. for all qualifying offenses listed in sue-subparagraph (1)(a)1.d., the court shall make a written finding of the age of the offender at the tim• of the offense. For each violation of a qualifying offense listed in this subsection, the court shall make a written fi ndfrg of the ago of the victim at the time of the offense. For a violation of s. x00.04(4), the court shell additionally make a written finding indicating that the offense did or did not finch° moat activity and Indicating that the offense did or did not involve force or coercion. For a violation of s. 803.04(3), the court shell additionally make a written finding that the offense did or did not Involve unclothed genitals or genital area and that the offense did or did not involve the use of force or coercion. (b) -Convicted means that there has been a determination of guilt as a restAt of a trial or the entry of aple. of guilty or nolo contendere, regardless of whether adjudication fs withheld, and includes an adjudication of delinquency of a juvenile as specified in this section. Comictkm alas:fail& offense Includes, but is not limited to, a conviction by a federal or military tribunal, including carts -martial conducted by the Alined Forces of the United States, and includes a conviction or entry of ■ plea of guilty or nolo contendere snuffing in a sanction in any state of the United States or other jurfsdktion. A sanction Includes, but Is not limited to, a fine, probation, community control, parole, conditions( release, control release, or Incarceration in a state prison, Worst prison, private correctional facility, or local detention fadifty. (c) "Permarwant residence- and "temporary residence- law the same meaning ascribed fn s. 775.21. (d) 'Institution of higher education- means a career carter, community college, college, state university, or independent postsecondary institution. (a) 'Change In enrollment or employment status' means the commencement or termination of enrollment or employment or a change in tocatkm of enrollment or employment (f) 'Electronic mail address" has the same meaning as provided in s. 668.032. (g) "Imtant message name marts an identifier that allows a person to commuricate in real time with another person using the Internet. (2) A sexual offender *tail: (a) Report in person at the sheriffs office: 1. In the county in which the offender establishes or maintains a permanent or temporary residence within 4a hours after: a. Establishing permanent or temporary re sidence in thh state; or b. Doing released from the custody, control, or supervision of the Department of Corrections or from the custody of a private correctional facility; or 2. In the county where he or the was convicted within tit hours after being convicted for a qualifying offense for registration under this section if the offender Is not in the custody or Case No. 08-80736-CV-MARRA P-008304 EFTA00190784  control of, or under the suporrision of, the Department of Corrections, or is not in the antody of a private correctional facility. Any change in the sexual offender's permanent or temporary residence, name, any electronic mail address and any instant message name required to be provided pursuant to paragraph (4)(4), after the sexual offender reports in person at the sheriffs office, shall be accomplished in the manner provided in subsections (4), (7), arid (8). (b) Provide his or her name, date of birth, social security number, race, sex, height, weight, hair and eye color, tattoos or other identifying marks, occupation and place of employment, address of permanent or legal residence or address of any current temporary residence, within the state and out of state, including a rural route address and a post office box, any electronic mail address and any instant message name required to be provided pursuant to paragraph (4)(0), date and place of each conviction, and a brief description of the crime or crimes committed by the offender. A post office box shall not be provided in lieu of a physical residential address. I. If the sexual offender's place of residence is a motor vehicle, trailer, mobile horns, or manufactured home, as defined in chapter 320, the sexual offender shall also provide to the department through the sheriffs office written notice of the vehicle identification number; the liceriso tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If the sexual offender's place of residence Is a vessel, the-aboard vessel, or houseboat, as defined in chapter 327, the sexual offender shall also provide to the department written notice of the hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, Including color scheme, of the vessel, live-aboard vessel, or houseboat. 2. If the sexual offender is strolled, employed, or carrying on a vocation at an institution of higher education in this state, the sexual offender shell also provide to the department through the sheriffs office the name, address, and county of each institution, including each campus attended, and the sexual offender's enrollment or employment status. Each change In enrollment or employment status shall be reported in person at the sheriffs office, within 48 hours after arty change in status. The sheriff shall promptly notify each institution of the sexual offender's presence and any change In the sexual offender's enrollment or employment status. When a sexual offender reports at the sheriffs office, the sheriff thee take a photograph and a set of fingerprints of the offender and forward the photographs and fingerprints to the department, along with the information provided by the sexual offender. The sheriff shall promptly provide to the department the information received from the sexual offender. (3) Within 48 hours after the