In Re: Standard Criminal Jury Instructions in Capital Cases, 214 So. 3d 1236

Florida Supreme Court on its own motion authorizes interim publication/use of amended Standard Jury Instructions 7.11, 7.12 and new 3.12(e), 7.11(a) in capital cases.
Hurst v. Florida invalidated part of Florida’s death-penalty scheme; subsequent Hurst decisions required jury unanimity on aggravators and weighing before death can be considered.
Chapter 2017-1, Laws of Florida, requires a unanimous jury verdict for death; legislature responded to Hurst with statutory changes.
Proposed instructions/verdict forms appear in appendix; language changes (new underlined, deletions struck) reflect 2017-1/Hurst adaptations.
Court invites public comments within 45 days; interim authorization given without ruling on final correctness; concurrence/dissent noted.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Authority to publish interim instructions	State argues interim publication is proper to implement Hurst and 2017-1.	N/A	Authorized interim publication/use of instructions.
Effect of interim instructions on final judgment	State contends interim instructions guide trial courts pending final order.	N/A	Interim status; court not ruling on ultimate correctness. Comments invited.
Solicitation of comments and process	State/Committee requested input to refine based on 2017-1 and Hurst.	N/A	Comment period opened; responses due; committee may propose modifications.

Hurst v. Florida, 136 S. Ct. 616 (2016) (held portion of Florida’s death-penalty scheme unconstitutional without jury findings)
Hurst v. State, 202 So. 3d 40 (Fla. 2016) (death-sentence process requires unanimous aggravator findings and weighing by jury)
Perry v. State, 41 Fla. Weekly S449, 210 So.3d 630 (Fla. 2016) (notes legislative response to Hurst)
Evans v. State, 213 So.3d 856 (Fla. 2017) (recognizes applicability of 2016-13/2017-1 changes to pending prosecutions)
Castro v. State, 597 So. 2d 259 (Fla. 1992) (discusses merging of aggravating factors)