In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES— REPORT NO. 2013-03
146 So. 3d 1110
Fla.2014Background
- The Florida Supreme Court (per curiam) considered the Committee on Standard Jury Instructions in Criminal Cases’ Report No. 2013-03 proposing four new criminal jury instructions and amendments to ten existing instructions.
- The Court has constitutional jurisdiction to authorize standard jury instructions for criminal cases.
- Major proposed changes included: adding language to felony-murder instructions to address victims who are law enforcement/correctional personnel (§ 782.065); adding a domestic-violence injunction/protective-order aggravator to the capital penalty instruction (§ 921.141(5)(c)); clarifying arson instructions need not require proof of intent to damage; and removing a licensing-tax phrase from the definition of “vessel” in boating-under-the-influence instructions.
- The Committee published proposals for public comment, received comments on several drafts (notably on instruction 29.3 and various arson and BUI-related instructions), considered the comments, and made one modification to 29.3.
- After further comment to the Court, the Supreme Court authorized for publication and use the four new instructions (11.18, 12.9, 14.10, 29.3) and the amendments to instructions 7.3, 7.5, 7.6, 7.11, 12.1, 12.2, 28.14, 28.15, 28.16, and 28.17.
- The Court emphasized that authorization does not imply endorsement of legal correctness, does not foreclose requests for alternative instructions, and that Committee comments reflect only the Committee’s views. The amendments become effective when the opinion is final.
Issues
| Issue | Committee's Argument | Commenter's/Respondent's Argument | Held |
|---|---|---|---|
| Whether felony-murder instructions should include language about victims who are law enforcement/correctional personnel under § 782.065 | Include enhanced-penalty language and statutory definitions so juries can decide the enhancement after a guilty verdict | (Commenters raised questions about element/knowledge requirements) | Court authorized adding § 782.065 enhancement language to instructions 7.3, 7.5, 7.6; left open unresolved questions about whether knowledge is an element (no controlling case as of May 2013) |
| Whether to add domestic-violence injunction/protective-order aggravator to capital penalty instruction | Add statutory aggravator from § 921.141(5)(c) to instruction 7.11 so juries may consider it | No persuasive opposing argument in record that prevented inclusion | Court authorized adding the aggravator language to the aggravating-circumstances list in 7.11 |
| Whether arson instructions must require proof of intent to cause damage | Delete any requirement that State prove intent to damage; instruct juries that proof of intent to damage is not necessary | Commenters objected but Committee declined to change its proposal | Court authorized amendments to 12.1 and 12.2 clarifying State need not prove intent to cause damage |
| Whether the definition of "vessel" in BUI instructions should retain the phrase "subject to a license tax for operation" | Remove the licensing-tax phrase to broaden/clarify definition consistent with statutory language and case law | Committee received comments but declined to change the proposed deletion | Court authorized amended boating instructions (28.14–28.17) deleting the licensing-tax phrase; amendments authorized despite comments |
| Whether to adopt new instructions for specialized offenses (psychotherapist sexual misconduct, arson resulting in injury, failure to return hired/leased property, sale/serving to under-21 on licensed premises) | Committee proposed and (where applicable) refined drafts after comment; argued these fill gaps and track statutes | Limited public comment on some drafts; one comment led to modification of 29.3 | Court authorized publication and use of new instructions 11.18, 12.9, 14.10, and 29.3 |
Key Cases Cited
- Brown v. State, 959 So. 2d 218 (Fla. 2007) (risk of inconsistent verdicts when interlocking counts are not addressed)
- Thompson v. State, 695 So. 2d 691 (Fla. 1997) (knowledge-of-victim-status held necessary for attempted murder of an officer under prior statutory language)
- Castro v. State, 596 So. 2d 259 (Fla. 1992) (guidance on merging duplicative aggravating circumstances)
- Green v. State, 907 So. 2d 489 (Fla. 2005) (credit-for-time-served and parole-related jury inquiries in capital cases)
- State v. Montgomery, 39 So. 3d 252 (Fla. 2010) (treatment of lesser-included offenses in felony-murder context)
- Avila v. State, 745 So. 2d 983 (Fla. 4th DCA 1999) (discussion of manslaughter as a lesser-included offense in felony-murder cases)
- Harbaugh v. State, 754 So. 2d 691 (Fla. 2000) (procedure on prior DUI/BUI convictions and bifurcated proceedings)
- Davis v. State, 110 So. 3d 27 (Fla. 2d DCA 2013) (interpretation relevant to BUI instruction definitions)