IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT 2019-08. (2020)

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 standard criminal jury instructions 8.6 (Stalking), 8.7(a) (Aggravated Stalking), 8.7(b) (Aggravated Stalking (Injunction Entered)), 8.7(c) (Aggravated Stalking (Victim under 16 years of age)), and 8.7(d) (Aggravated Stalking (Defendant previously sentenced for sex offense and was prohibited from contacting victim)). The Committee filed its report after publishing the proposals in The Florida Bar News. No comments were received by the Committee.

Having considered the Committee's report, we amend the standard jury instructions as proposed by the Committee and authorize them for publication and use. All of the instructions are updated to include the amended definition for “cyberstalk” based upon chapter 2019-167, section 31, Laws of Florida, which amended section 784.048(1)(d), Florida Statutes (2019). In addition, instruction 8.7(b) is amended to move the citation to Seese v. State, 955 So. 2d 1145 (Fla. 4th DCA 2007), from the comment section to above the definition for “maliciously.” Finally, in instruction 8.7(d), the citation to Seese and the definition for “maliciously” are added.

The amended criminal jury instructions, as set forth in the appendix to this opinion, are hereby authorized 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.

Attachment

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, and MUÑIZ, JJ., concur.