IN RE: STANDARD JURY INSTRUCTIONS IN CIVIL CASES—REPORT NO. 17–03. (2018)

The Supreme Court Committee on Standard Jury Instructions in Civil Cases (Committee) has submitted proposed changes to the standard jury instructions and asks that the Court authorize the amended standard instructions for publication and use. We have jurisdiction. See art. V, § 2(a), Fla. Const.

The Committee proposes amendments to instructions 202.3 (Note–Taking by Jurors), 401.21 (Burden of Proof on Main Claim), 401.23 (Burden of Proof on Defense Issues), 402.13 (Burden of Proof on Main Claim), 402.15 (Burden of Proof on Defense Issues), 409.12 (Burden of Proof on Defense Issues), 412.8 (Issues on Claim and Burden of Proof), 412.9 (Defense Issue), 501.4 (Comparative Negligence, Non–Party Fault and Multiple Defendants), 502.5 (Comparative Negligence, Non–Party Fault and Multiple Defendants), Section 700—Closing Instructions, Model Instruction Nos. 1–6, and Model Verdict Forms 1 and 5(c). The Committee's proposals were published in The Florida Bar News and no comments were received addressing the Committee's proposals.¹ The Court did not publish the Committee's proposals.²

The more significant amendments to the instructions are discussed below.³

Instructions 401.21, 401.23, 402.13, 402.15, 409.12, 412.8, and 412.9, and Model Verdict Forms 1 and 5(c) are amended to change the language “caused by” to “apportion to each,” on the basis that the instructions and verdict forms as presently authorized are inconsistent with the jury instructions on legal causation and comparative fault. The jury instructions define legal causation in relation to damages and not negligence, fault, or responsibility.

Instructions 501.4 and 502.5 are amended to ensure consistency between the two instructions. Both instructions address comparative negligence, non-party fault, and multiple defendants, in personal injury and property damages cases and in wrongful death damages cases, respectively. Specifically, language detailing what the trial court will do based upon the verdict is replaced by the sentence “The court in entering judgment will make any appropriate reduction(s).”

Having considered the Committee's report, we authorize the Committee's proposals for publication and use as set forth in the appendix to this opinion. New language is indicated by underlining and deleted language is indicated by struck-through type. In authorizing the publication and use of these instructions, we express no opinion on their correctness and remind all interested parties that this authorization forecloses neither requesting additional or alternative instructions nor contesting the legal correctness of the instructions. We further caution all interested parties that any comments associated with the instructions reflect only the opinion of the Committee and are not necessarily indicative of the views of this Court as to their correctness or applicability. The instructions as set forth in the appendix shall become effective when this opinion becomes final.

It is so ordered.

APPENDIX

FOOTNOTES

1.   Proposals to amend instructions 202.3 and Section 700 were not published because the proposed changes were not substantive.

2.   Minor, technical changes to the instructions are not elaborated upon.

3.   All of the amendments to the jury instructions also apply to Model Instructions 1 through 6.

PER CURIAM.

LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and LAWSON, JJ., concur.