IN RE: AMENDMENTS TO the FLORIDA RULES OF JUDICIAL ADMINISTRATION (2021)

The Court has for consideration comments addressing amendments to the Florida Rules of Civil Procedure, the Florida Rules of Judicial Administration, and the Florida Rules of Criminal Procedure, pertaining to the development and processing of jury instructions. The Court has jurisdiction,¹ and we further amend the rules as discussed below.

BACKGROUND

In the Court's March 5, 2020, opinion, the Court, on its own motion, adopted new Florida Rules of Judicial Administration 2.270 (Supreme Court Committees on Standard Jury Instructions) and 2.580 (Standard Jury Instructions), amended Florida Rule of Civil Procedure 1.470(b) (Instructions to Jury) and Florida Rule of Criminal Procedure 3.390 (Jury Instructions), and deleted Florida Rule of Criminal Procedure 3.985 (Standard Jury Instructions). In re Amends. to Fla. Rules of Jud. Admin., Fla. Rules of Civil Pro., & Fla. Rules of Crim. Pro.—Standard Jury Instrs., ––– So.3d ––––, 45 Fla. L. Weekly S121, 2020 WL 1593030 (Fla. Mar. 5, 2020). The rule adoptions and amendments, which became effective April 1, 2020, changed the procedure for how standard jury instructions are adopted and amended for publication and use in Florida. Because the rule changes were not published for comment prior to adoption, the Court provided a seventy-five-day period for interested persons to file comments. Id. Comments were received from three attorneys from the law firm of Clark Fountain La Vista Prather & Littky-Rubin, The Florida Bar's Civil Procedure Rules Committee, The Florida Bar's Rules of Judicial Administration Committee, and the three standard jury instruction committees (SJI-Criminal, SJI-Civil, and SJI-Contract & Business). In light of the comments received, which have been carefully considered, we now make additional amendments to the applicable rules.

AMENDMENTS

First, with respect to Florida Rule of Civil Procedure 1.470(b) (Exceptions Unnecessary; Jury Instructions; Instructions to Jury), the provision is amended to reference The Florida Bar (Bar)'s website rather than the Court's website and to remove the citation to a specific URL.

Turning to Florida Rule of Judicial Administration 2.270 (Supreme Court Committees on Standard Jury Instructions), we amend that rule as follows. First, with respect to subdivision (a) (Creation and Authority), we agree with the suggestion of the SJI-Criminal Committee and delete the reference to “by two-thirds vote” in the second to last sentence of the provision, as subdivision (a) is descriptive of the creation and authority of the jury instructions committees, whereas reference to the “two-thirds vote” is included subsequently in subdivision (c)(3) pertaining to the actual procedures for the committees to adopt and amend the standard jury instructions. We decline, however, to delete the language “their approval under this rule shall not be construed as an adjudicative determination on the legal correctness of the instructions, which must await an actual case and controversy” from subdivision (a) as suggested by the attorneys from Clark Fountain La Vista Prather & Littky-Rubin. While no rationale is offered for the change, we observe that the language is consistent with that previously included in this Court's jury instruction opinions. Turning to subdivision (c) (Procedures), subdivision (c)(1) is amended to reference the website of The Florida Bar rather than that of the Court. Next, we decline to amend paragraph (c)(3), providing “A two-thirds committee vote in favor of a new or amended standard jury instruction is required before an instruction may be considered approved for publication and use.” However, the committees may interpret that provision as each deems appropriate, as to whether that is two-thirds of the total committee members or two-thirds of the committee present to vote. Next, while the Court does not mandate archiving of prior versions of jury instructions, the committees may decide to do so, as suggested by the SJI-Criminal Committee. Pertaining to subdivision (d) (Membership and Organization), based upon the comment of the SJI-Civil Committee, each committee shall be composed of a maximum of thirtysix, rather than thirty-three, members. We decline to further amend subdivision (d)(1)(A) or (d)(1)(C). However, we amend subdivision (d)(1)(B) as recommended by the SJI-Contract & Business Committee to permit a committee member to serve more than two consecutive three-year terms if the committee determines that it is in the committee's best interest or additional slots remain open due to a lack of applications to the committee. Finally, subdivision (f) (Publication of Approved Instructions) is amended like rule 1.470(b) to reference the Bar's website and to delete citation to any specific URL.

Florida Rule of Judicial Administration 2.580(a) (Standard Jury Instructions; Use; Modification) is amended in two respects. First, reference to the Bar's website is substituted for that of the Court's and citation to a specific URL is deleted. Second, at the suggestion of the SJI-Criminal Committee, we add “or confusing” at the end of “If the trial judge modifies a standard jury instruction ․ the trial judge shall state on the record or in a separate order the respect in which the judge finds the standard instruction erroneous or inadequate ․” Subdivision (b) (Referral to Committee) is amended to include language such that a modified instruction should be sent to the respective committee “unless the modification is only technical or nonsubstantive in nature.” Pertaining to subdivision (c), we retain the language originally adopted and decline to amend the provision as suggested in the comments.

Lastly, Florida Rule of Criminal Procedure 3.390(a) (Jury Instructions; Subject of Instructions) is amended to reference the Bar's website, rather than that of the Court's and without citation to any specific URL. We decline to make any other changes to the provision.

CONCLUSION

Accordingly, the Florida Rules of Civil Procedure, the Florida Rules of Judicial Administration, and the Florida Rules of Criminal Procedure are amended as reflected in the appendix to this opinion. New language is indicated by underscoring, while deletions are indicated by struck-through type. The amendments shall take effect immediately upon the release of this opinion.

It is so ordered.

APPENDIX

FOOTNOTES

1.   We have jurisdiction. See art. V, § 2(a), Fla. Const.

PER CURIAM.

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