IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT 2018-07. (2018)

The Supreme Court Committee on Standard Jury Instructions in Criminal Cases (Committee) has submitted proposed changes to the standard jury instructions, including amendments to two instructions, the deletion of one instruction, and the creation of two new instructions. The Committee asks the Court to authorize the new and amended standard jury instructions for publication and use. We have jurisdiction. See art. V, § 2(a), Fla. Const.

The Committee proposes amending standard criminal jury instructions 3.6(o) (Transferred Intent) and 3.9(c) (Eyewitness Identification). In addition, the Committee proposes deleting standard criminal jury instruction 8.8 (Aggravated Stalking (Victim under 16 years of age) ) and creating new instructions 8.27 (Violation of an Injunction for Protection Against Exploitation of a Vulnerable Adult) and 8.28 (Violation of a Risk Protection Order). Following publication in The Florida Bar News, no comments were received by the Committee. The more significant amendments to the instructions are discussed below.

First, revisions are made to instruction 3.9(c) to provide clarification and improve readability. Instruction 3.9(c) is amended to add “[live] [photo]” before the word “lineup” in appropriate places and “photo” before the word “lineup” where the instruction solely refers to a photo lineup.

Next, the Committee proposes deleting instruction 8.8 because there are two standard instructions that pertain to section 784.048(5), Florida Statutes (2018), aggravated stalking of a victim under 16 years of age—criminal jury instructions 8.7(c) and 8.8. The Committee proposes keeping instruction 8.7(c) and deleting instruction 8.8 since 8.7(c) is the more up-to-date instruction.

Additionally, we authorize new instruction 8.27, which the Committee created in response to the enactment of section 825.1036(4), Florida Statutes (2018), effective July 1, 2018. See ch. 2018-100, § 3, Laws of Fla. In section 825.1036(4), the Legislature created a first-degree misdemeanor crime for a person who willfully violates an injunction for protection against a vulnerable adult in an enumerated way. New instruction 8.27 instructs jurors as to the elements of that crime.

Last, we authorize new instruction 8.28, which the Committee created in response to the enactment of section 790.401, Florida Statutes (2018). See ch. 2018-3, § 15, Laws of Fla. In section 790.401(11)(b), the Legislature created a new crime for a person who has in his or her custody or control a firearm or any ammunition or who purchases, possesses, or receives a firearm or any ammunition with knowledge that he or she is prohibited from doing so by a risk protection order. New instruction 8.28 instructs jurors as to the elements of that crime.

Having considered the Committee's report, we authorize for publication and use new and amended instructions 3.6(o), 3.9(c), 8.27, and 8.28, as proposed, and as set forth in the appendix to this opinion.¹ We delete instruction 8.8 as proposed by the Committee and reserve that instruction number for future use. 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 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 set forth in the appendix shall become effective when this opinion becomes final.

It is so ordered.

APPENDIX

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.