IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT 2017-12. (2018)

The Supreme Court Committee on Standard Jury Instructions in Criminal 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 amending the following standard criminal jury instructions pertaining to the offenses of failure to comply with reporting requirements for sexual offenders and sexual predators: 11.14 (Failure by a Sexual Offender to Comply with Registration Requirements (Initially Register, Report, or Provide Registration Items) ); 11.14(b) (Failure by a Sexual Offender to Comply with Registration Requirements (Failure to Comply with Registration of [Employment] [Enrollment] [Volunteering] [Carrying on a Vocation] at an Institution of Higher Learning) ); 11.14(e) (Failure by a Sexual Offender to Comply with Registration Requirements (Failure to Report Change of Residence to Another State or Jurisdiction or Country) ); 11.14(g) (Failure by a Sexual Offender to Comply with Registration Requirements (Failure to Report Twice a Year/Failure to Report Quarterly/Providing False Information) ); 11.14(h) (Sexual Offender Definitions); 11.15(b) (Failure by a Sexual Predator to Comply with Registration Requirements (Failure to Provide Required Information) ); 11.15(c) (Failure by a Sexual Predator to Comply with Registration Requirements (Failure to Comply with Registration of a Residence, Motor Vehicle, Trailer, Mobile Home, or Manufactured Home) ); 11.15(d) (Failure by a Sexual Predator to Comply with Registration Requirements (Failure to Comply with Registration of [Enrollment] [Employment] [Volunteering] [Carrying on a Vocation] at an Institution of Higher Education) ); 11.15(e) (Failure by a Sexual Predator to Comply with Registration Requirements (Failure to Report to Department of Highway Safety and Motor Vehicles) ); 11.15(h) (Failure by a Sexual Predator to Comply with Registration Requirements (Failure to Respond to Address Verification Correspondence) ); 11.15(i) (Failure by a Sexual Predator to Comply with Registration Requirements (Failure to Report Intent to Move to Another State, Jurisdiction, or Country) ); and 11.15(1) (Sexual Predator Definitions).

All of the proposals were published by the Committee in The Florida Bar News. No comments were received by the Committee. After the Committee filed its report, the Court did not publish the Committee's proposals for comment. The changes to the jury instructions for sexual offenders and sexual predators' failure to comply with reporting requirements are made in response to statutory changes by the Legislature in chapter 2016-104, sections 1 and 3, and chapter 2017-107, sections 1-2, Laws of Florida, amending sections 943.0435 and 775.021, Florida Statutes.

Having considered the Committee's report, we authorize the amended instructions, as set forth in the appendix to this opinion, for publication and use.¹ New language is indicated by underlining, and deleted language is indicated by struck-through type. We 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. 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. The instructions as set forth in the appendix shall become effective when this opinion becomes final.

It is so ordered.

Attachment

FOOTNOTES

1.   The amendments as reflected in the appendix are to the Criminal Jury Instructions as they appear on the Court's website at www.floridasupremecourt.org/jury_instructions/instructions.shtml. We recognize that there may be minor discrepancies between the instructions as they appear on the website and the published versions of the instructions. Any discrepancies as to instructions authorized for publication and use after October 25, 2007, should be resolved by reference to the published opinion of this Court authorizing the instruction.

PER CURIAM.

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