IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT 2019-10. (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 that the Court amend standard jury instructions 28.6 (Fleeing to Elude a Law Enforcement Officer), 28.7 (Fleeing to Elude a Law Enforcement Officer (Siren and Lights Activated)), 28.8 (Fleeing to Elude a Law Enforcement Officer (Siren and Lights Activated with High Speed or Reckless Driving)), and 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)). Following publication in The Florida Bar News, the Committee received comments from the Florida Public Defender Association (FPDA). The Committee did not revise their proposals upon review of that comment, and the Court did not publish the proposals upon submission by the Committee.

The Committee's amendments are limited to removing the definition for “operator,” and updating the statutory citations for “street or highway” and “vehicle” in each of the instructions. Having considered the Committee's report and the FPDA's comment submitted to the Committee and filed with the Court, and the Committee's response to the comment, we authorize instructions 28.6, 28.7, 28.8, and 28.8(a) for publication and use as proposed.

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.

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, and MUÑIZ, JJ., concur.