IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT 2019-12. (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 new standard criminal jury instructions 21.19(a) ([Causing [Great Bodily Harm] [Permanent Disability] [Death] To] [or] [Using a Deadly Weapon Upon] a [Police] [Fire] [Search and Rescue] [Canine] [Horse]), 21.19(b) (Maliciously [Touching] [Striking] [Causing Bodily Harm] to a [Police] [Fire] [Search and Rescue] [Canine] [Horse]), and 21.19(c) (Maliciously [Harassing] [Teasing] [Interfering With] [Attempting to Interfere With] a [Police] [Fire] [Search and Rescue] [Canine] [Horse] While in Performance of its Duties). We have jurisdiction. See art. V, § 2(a), Fla. Const.

The Committee published the proposals in The Florida Bar News; one comment was received by the Committee, from the Florida Public Defender Association (FPDA), pertaining to two of the three above-listed instructions, as well as others that are not the subject of the instant case. After the Committee filed its report, the Court did not publish the proposals for comment.

In chapter 2019-9, section 1, Laws of Florida, the Legislature amended section 843.19, Florida Statutes, to broaden the statute covering crimes against police, fire, and search and rescue (SAR) “dogs” to encompass crimes against police, fire, and search and rescue “canines.” New instructions 21.19(a), (b), and (c) instruct upon the offenses outlined in section 843.19, for which standard jury instructions had not previously been authorized.

Having considered the Committee's report and the FPDA's comment, we authorize new instructions 21.19(a), 21.19(b), and 21.19(c) as set forth in the appendix to this opinion, for publication and use.¹ New language is indicated by underlining. 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 immediately upon the release of this opinion.

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.