IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT 2018-01. (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. We have jurisdiction. See art. V, § 2(a), Fla. Const.

The Committee proposes amending standard criminal jury instructions 10.13 (Shooting or Throwing Missiles in Dwelling), 10.14 (Possession of Forbidden Firearms), 10.15 (Felons Carrying a Concealed Weapon or Possessing Firearm/Ammunition/Electric Weapon or Device), and 10.15(a) (Possession of [a Firearm] [an Electric Weapon or Device] [Ammunition] or [Carrying a Concealed Weapon] by a Person Under the Age of 24 Who Has Been Found Delinquent of an Offense Which Would Be a Felony if Committed by an Adult). Following publication in The Florida Bar News, the Committee received one comment pertaining to the proposal to amend instruction 10.13, from the Florida Public Defender Association. The Committee agreed with the comment and made responsive changes to its proposal. We authorize the instructions as proposed by the Committee, and discuss the more significant amendments to the instructions below.¹

With regard to instruction 10.13, we modify the title to replace “Missiles in Dwelling” with “A [Missile] [Stone] [Hard Substance] [At] [Within] [Into] [In] A[n] [Building] [Vehicle] [Vessel] [Aircraft].” The word “dwelling” is removed because it is not referenced in the elements of the offense as defined in section 790.19, Florida Statutes (2018). Turning to element one, the instruction is amended to remove the reference to “shot a firearm,” as the statute does not include that phrase. Element two is amended to add “that was being used or occupied by any person” to the alternative “a public or private bus.” In addition, the alternative “a vehicle of any kind that was being used or occupied by any person” is added to element two.

Turning to instruction 10.14, the title is amended to replace “Forbidden Firearms” with “A [Short-Barreled Rifle] [Short-Barreled Shotgun] [Machine Gun].” An italicized paragraph to the trial court is added pertaining to the burden of persuasion with regard to the “antique firearm affirmative defense,” as well as an amended instruction on the defense and new instructions on the burden. The definition for “possession” is amended, based upon the definition recently authorized by the Court in other instructions including “possession.” See In re Standard Jury Instructions in Criminal Cases—Report 2017-03, 238 So.3d 182, 183-184 (Fla. 2018). Finally, the statutory definitions for “machine gun,” “short-barreled shotgun,” and “short-barreled rifle” are added.

Lastly, in instructions 10.15 and 10.15(a), the definition for “possession” is amended based upon In re Standard Jury Instructions in Criminal Cases—Report 2017-03, 238 So.3d at 183-84. Also, two different definitions for “knowingly” are added as optional definitions.

Having considered the Committee's report, we authorize the amended instructions, as set forth in the appendix to this opinion, for publication and use.² 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.

APPENDIX

FOOTNOTES

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

2.   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.