IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT 2019-02. (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.

The Committee proposes amending the following existing standard criminal jury instructions: 7.3 (Felony Murder—First Degree), 7.5 (Felony Murder—Second Degree), and 7.6 (Felony Murder—Third Degree). The Committee published its proposal to amend instruction 7.3 in The Florida Bar News. No comments were received by the Committee. The Committee's report follows this Court's referral arising from the Court's decision in In re Standard Jury Instructions in Criminal Cases—Report 2018-08, 259 So. 3d 754, 756 (Fla. 2018).

The only change to the instructions which merits discussion pertains to instruction 7.3. In our earlier case, we modified the italicized note pertaining to Williams v. State, 242 So. 3d 280 (Fla. 2018). In re Std. Jury Instrs. in Criminal Cases—Report 2018-08, 259 So. 3d at 756. Upon further consideration, we reauthorize instruction 7.3 for publication and use without that language previously added on the Court's own motion.

Having considered the Committee's report, we authorize for publication and use amended instructions 7.3, 7.5, and 7.6 as proposed, and as set forth in the appendix to this opinion.¹ In light of our authorization of instruction 7.3 as proposed, we also agree with the Committee that it is unnecessary at this time to further amend instruction 7.2. 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 further 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 as set forth in the appendix shall be effective when this opinion becomes final. However, because the amendments to instructions 7.5 and 7.6 were not published for comment prior to their authorization, interested persons shall have seventy-five days from the date of this opinion in which to file comments with the Court.²

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.

2.   All comments must be filed with the Court on or before March 3, 2020, with a certificate of service verifying that a copy has been served on the Committee Chair, The Honorable F. Rand Wallis, c/o Bart Schneider, Office of the General Counsel, 500 S. Duval Street, Tallahassee, Florida 32399–1925, schneidb@flcourts.org, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. The Committee Chair has until March 24, 2020, to file a response to any comments filed with the Court. If filed by an attorney in good standing with The Florida Bar, the comment must be electronically filed via the Portal in accordance with In re Electronic Filing in the Supreme Court of Florida via the Florida Courts E–Filing Portal, Fla. Admin. Order No. AOSC13–7 (Feb. 18, 2013). If filed by a nonlawyer or a lawyer not licensed to practice in Florida, the comment may be, but is not required to be, filed via the Portal. Comments filed via the Portal must be submitted in Microsoft Word 97 or higher. See In re Electronic Filing in the Florida Supreme Court, Fla. Admin. Order No. AOSC17-27 (May 9, 2017). Any person unable to submit a comment electronically must mail or hand-deliver the originally signed comment to the Florida Supreme Court, Office of the Clerk, 500 South Duval Street, Tallahassee, Florida 32399–1927; no additional copies are required or will be accepted.

PER CURIAM.

CANADY, C.J., and POLSTON, LABARGA, LAWSON, and MUÑIZ, JJ., concur.