IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT 2018-14. (2019)

The Supreme Court Committee on Standard Jury Instructions in Criminal Cases (Committee) has submitted proposed changes to standard jury instructions 3.3(d) (Possession of a [Firearm] [Destructive Device] [and Discharge] [Causing [Great Bodily Harm] [Death] ] ), 8.5(a) (Domestic Battery by Strangulation), 16.5 (Neglect of a Child), 21.14 (False Information to Law Enforcement Investigating a Missing Person 16 Years of Age or Younger Who Suffers [Great Bodily Harm] [Permanent Disability] [Permanent Disfigurement] [Death] ), and 29.24 (Human Trafficking), 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 filed its report on December 7, 2018, having published its proposals in the October 15, 2018, edition of The Florida Bar News. No comments were received by the Committee. We authorize the proposed amendments to the instructions for publication and use as proposed. The significant changes to the instructions are as follows.

First, instructions 3.3(d), 8.5(a), 16.5, 21.14, and 29.24 each include the definition for “great bodily harm” as provided in Wheeler v. State, 203 So.3d 1007, 1009 (Fla. 4th DCA 2016), to be given if applicable.

Next, instruction 3.3(d) is updated to cite to section 790.001(6), Florida Statutes (2018), and to include the definition of “firearm.”

Lastly, the definition of “bona fide” as “genuine” is added to instruction 29.24, consistent with the sex-offense-related instructions. See In re Stnd. Jury Instrs. in Criminal Cases—Report 2018-04, 257 So.3d 370, 374 (Fla. 2018).

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 POLSTON, LABARGA, LAWSON, LAGOA, LUCK, and MUÑIZ, JJ., concur.