IN RE: STANDARD JURY INSTRUCTIONS IN CIVIL CASES—REPORT NO. 18-03. (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 instructions for publication and use. We have jurisdiction. See art. V, § 2(a), Fla. Const.

The Committee, following study and drafting by a subcommittee, and upon its own further consideration and refinement, has proposed a new set of civil jury instructions that cover the substantive cause of action for negligent infliction of emotional distress. Specifically, the following new instructions under new Section 420, Negligent Infliction of Emotional Distress, are proposed: 420.1 (Introduction); 420.2 (Summary of Claims); 420.3 (Greater Weight of the Evidence); 420.4 (Negligence); 420.5 (Legal Cause); 420.6 (Issues on Claim); and 420.7 (Burden of Proof on Claim). Prior to filing its report with the Court, the Committee published for comment its proposals in The Florida Bar News. One comment was received by the Committee, which resulted in additional notes on use to the instructions. The Court did not publish the Committee's proposals.

The negligent infliction of emotional distress instructions are in a format and style consistent with that approved by the Court in 2010 when the Court authorized for publication and use the reorganization of the civil jury instructions. See In re Std. Jury Instr. in Civil Cases—Report No. 09–01 (Reorganization of Civil Jury Instructions), 35 So.3d 666 (Fla. 2010). In fact, the new instructions are either identical to, or largely patterned after, many of the counterpart substantive civil instructions under Section 400. Having considered the Committee's report, the comment submitted to the Committee, and the Committee's response to the comment, we authorize the new civil jury instructions for publication and use as set forth in the appendix to this opinion.¹ New language is indicated by underlining. 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 notes on use 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.   Minor editorial or technical changes to the proposed instructions or notes on use are not elaborated upon.

PER CURIAM.

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