In re Standard Jury Instructions—Contract & Business Cases
116 So. 3d 284
Fla.2013Background
- Florida Supreme Court authorizes publication and use of Standard Jury Instructions—Contract and Business Cases, following a 2006 Administrative Order creating the Committee to develop uniform jury instructions in contract and business litigation.
- The Committee conducted six subcommittees, drafted Florida-specific Florida-law instructions modeled on California form, and obtained permission to duplicate certain sections from the Civil Cases book.
- The Court acknowledges that approval of forms does not resolve substantive law in any case and trial judges retain the responsibility to instruct the jury correctly based on Florida law.
- The Court approves publication and distribution of the instructions, with Sections 100, 300, 600 approved and Sections 200, 700, 800 approved with minor modifications.
- The Court modifies specific items (e.g., 202.2 Objections language, Section 700 closing instructions, and Notes on Use for 801.2 Read-Back) and directs continued refinement and publication, while noting that comments reflect Committee views rather than the Court’s views on correctness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to publish standard jury instructions | Committee work merits publication | Court should not adopt or publish new forms without case-specific ruling | Authorized and directed to publish and use with modifications |
| Modifications to 202.2/Section 700/Notes on Use | Alignment with other civil instructions; improve clarity | Maintain consistency with Florida law and practice | Modifications approved as appropriate |
| Disclaimers on correctness and future changes | Instructions are a framework, not final statements of law | Court should retain broader control over changes | Court-approved with cautionary language and ongoing review |
| Role and continuation of the Committee | Perpetual existence ensures maintenance of standards | Need for ongoing Court oversight | Committee continued as independent working committee per AOSC6-47 |
| Impact on references and administration | References to Florida Standard Jury Instructions updated | Potential for further revisions as law evolves | References updated; publication directed; amendments recommended as experience demonstrates |
Key Cases Cited
- In re Supreme Court Committee on Standard Jury Instructions—Contract and Business Cases, 115 So.3d 208 (Fla.2013), 115 So.3d 208 (Fla.2013) (approval framework for standard jury instructions; not a substantive adjudication of correctness)
- Johnson v. State, 53 So.3d 1003 (Fla.2010) (read-back of testimony prohibited from being framed as a denial)
- St. Joe Corp. v. McIver, 875 So.2d 375 (Fla.2004) (contract formation principles; used to support interpretation standards)
