IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT 2018-09. (2019)

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.

On October 16, 2018, the Committee filed a report proposing amendments to the standard criminal jury instructions. The Committee's proposals pertain to the following existing instructions: 7.8 (Driving Under the Influence Manslaughter); 7.9 (Vehicular or Vessel Homicide); 16.12 (Leaving a Child Unattended or Unsupervised in a Motor Vehicle); 28.1 (Driving Under the Influence); 28.1(a) (Driving Under the Influence Causing Property Damage or Injury); 28.2 (Felony Driving Under the Influence); 28.3 (Driving Under the Influence Causing Serious Bodily Injury); 28.4 (Leaving the Scene of a Crash Involving [Death] [Serious Bodily Injury] [Injury] ); 28.4(a) (Leaving the Scene of a Crash Involving Only Damage to an Attended Vehicle or Attended Property); 28.4(b) (Leaving the Scene of a Crash Involving Damage to an Unattended Vehicle or Unattended Property); 28.5 (Reckless Driving); 28.5(a) (Racing on a Highway); 28.6 (Fleeing to Elude a Law Enforcement Officer); 28.7 (Fleeing to Elude a Law Enforcement Officer (Sirens and Lights Activated) ); 28.8 (Fleeing to Elude a Law Enforcement Officer (Siren and Lights Activated with High Speed or Reckless Driving) ); 28.8(a) (Fleeing to Elude a Law Enforcement Officer (Siren and Lights Activated with High Speed or Reckless Driving Causing Serious Bodily Injury or Death) ); 28.8(b) (Aggravated Fleeing or Eluding (Leaving a Crash Involving Serious Bodily Injury, Injury or Death then Causing Serious Bodily Injury or Death) ); 28.8(c) (Aggravated Fleeing or Eluding (Leaving a Crash Involving Damage to a Vehicle or Property then Causing Serious Bodily Injury or Death) ); 28.8(d) (Aggravated Fleeing or Eluding (Leaving a Crash Involving Serious Bodily Injury, Injury or Death then Causing Injury or Property Damage to Another) ); 28.8(e) (Aggravated Fleeing or Eluding (Leaving a Crash Involving Damage to a Vehicle or Property then Causing Injury or Property Damage to Another) ); 28.13 (Refusal to Submit to Testing); and 28.18 (Failure to Obey the Lawful Order of a [Police] [Fire] [Traffic] Official).

Following publication in The Florida Bar News, the Committee received one comment pertaining to the addition of the terms “personal delivery devices” and “mobile carriers” to the definition of “vehicle.” In response, the Committee added the following sentence to the italicized note preceding the definition from section 316.003(99), Florida Statutes (2018): “Some of these terms have their own statutory definitions, which should be given if necessary.” Both terms are further defined in section 316.003. See § 316.003(39); § 316.003(53), Fla. Stat. (2018).

We authorize the proposed amendments to the instructions for publication and use as proposed and with any modifications discussed below, and discuss the more significant amendments to the instructions as well.

Instructions 7.8, 28.1, 28.1(a), 28.3, 28.4, 28.4(a), 28.4(b), 28.5, 28.6, 28.7, 28.8, 28.8(a), 28.8(b), 28.8(c), 28.8(d), 28.8(e), and 28.18 update the definition of “vehicle” to include as exceptions “personal delivery devices” and “mobile carriers.” Those same instructions, as well as 7.9, 16.12, 28.2, and 28.5(a), add the italicized sentence “Some of these terms have their own statutory definitions, which should be given if necessary” above the definitions for “vehicle” or “motor vehicle.”

Next, we update the definition of “motor vehicle” to delete “motorcycle” and to add as exceptions “mobile carrier” and “personal delivery device” to instructions 16.12, 28.5, 28.5(a), and 28.13.

In addition, in instructions 28.8(b) and 28.8(d), we add the following italicized trial note and instruction pertaining to whether the defendant caused the victim's injury or death as part of aggravated fleeing or eluding:

Give if it is alleged in the charging document that the defendant caused victim injury or death as part of violating § 316.027, Fla. Stat. § 921.0021(7)(e), Fla. Stat.

If you find that (defendant) committed Aggravated Fleeing, you must then determine whether the State proved beyond a reasonable doubt that [he] [she] caused [death] [or] [severe injury] [or] [moderate injury] [or] [slight injury] to (victim).

Lastly, on the Court's own motion, we change the statutory citation for “vessel” in instruction 7.9 to cite to the correct statutory definition, section 327.02(46), Florida Statutes, see ch. 2017-163, § 2, Laws of Fla., and add the sentence “Some of these terms have their own statutory definitions which should be given if necessary” in the italicized note above the definition for “vehicle” in instruction 28.1(a) to be consistent with the other amended instructions.

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.

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.