In Re Standard Jury Instructions in Criminal Cases

Committee proposed amendments to standard jury instructions governing fleeing to elude and aggravated fleeing or eluding; amendments were published in Bar News with no public comments received; Florida Supreme Court authorized publication and use of the amended instructions with a minor modification to 3.3(e) adding the word personally; modification clarifies personal commission of aggravated offenses; instructions in appendix include 28.6, 28.7, 28.8, 28.81–28.85 and 3.3(A)–(F).
Final authorization states the Court expresses no opinion on correctness and permits optional alternative or additional instructions; comments reflect committee opinions, not Court views.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Authority to publish and use the amended instructions	N/A	N/A	Authorized for publication and use; not ruling on correctness.
Impact of adding 'personally' to 3.3(e)	N/A	N/A	Added to text to require personal involvement by defendant.
Burden of persuasion and accompanying note in 3.3(e)	N/A	N/A	Burden of persuasion included with the instruction and Wright v. State cited.
Scope of amended instructions (fleeing and aggravated fleeing)	N/A	N/A	Amendments authorized as set forth in appendix; new language indicated by underlining.

Wright v. State, 810 So.2d 873 (Fla. 2002) (cited regarding commentary and burden considerations)
Koch v. State, 39 So.3d 464 (Fla. 2d DCA 2010) (relates to category two lesser included offense comments)
State v. Rodriguez, 602 So.2d 1270 (Fla. 1992) (supports requirement that firearm possession be personal)