IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT 2016-05.
FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND IF
Proceeding - Supreme Court Committee on Standard Jury
Instructions in Criminal Cases.
Frederic Rand Wallis, Chair, Supreme Court Committee on
Standard Jury Instructions in Criminal Cases, Daytona Beach,
Florida; and Barton Neil Schneider, Staff Liaison, Office of
the State Courts Administrator, Tallahassee, Florida, for
Supreme Court Committee on Standard Jury Instructions in
Criminal Cases (Committee) has submitted proposed changes to
the standard jury instructions and asks that the Court
authorize for publication and use the amended and newly
adopted standard instructions. We have jurisdiction.
See art. V, § 2(a), Fla. Const.
Committee proposes amending existing standard instruction
20.6 (Welfare Fraud-[Food Assistance Identification Card]
[Authorization] [Certificate of Eligibility for Medical
Services] [Medicaid Identification Card]) and adopting new
jury instruction 20.6(a) (Welfare Fraud-[Selling] [Attempting
to Sell] an EBT Card). No comments were received by the
Committee. The Court did not publish the proposals after they
were filed. The more significant amendments to the
instructions are discussed below.
amendment to instruction 20.6 is based upon section
414.39(2), Florida Statutes (2016), as amended by chapter
2016-185, section 1, Laws of Florida. There, the Legislature
added the definition of "traffic" in new subsection
(2)(b), which is included in the amended instruction. Also
added to instruction 20.6 is the definition of an "EBT
card." Although an "EBT card" is not included
in the elements of the offense of fraud under section
414.39(2)(a), it is included in a portion of the definition
adopted instruction 20.6(a) also derives from another
amendment to section 414.39(2) by the 2016 Legislature, which
added a new subdivision (c) defining a distinct offense of
fraud. In pertinent part, instruction 20.6(a) includes the
elements constituting the offense, which pertains to the
defendant's possession of two or more EBT cards issued to
others, and the definitions for "EBT card, "
"possess, " and "attempt." In addition,
as originally proposed by the Committee, see supra,
note 2, the Court includes in the instruction the recidivism
enhancement provision from section 414.39(2)(c), as well as
the paragraph in the Comments section that instructs judges
that the jury should not be advised of any charge of prior
convictions until after the defendant was convicted of the
original charge, and in that case, a bifurcated proceeding
should be conducted to determine if the defendant is subject
to the recidivism enhancement.
considered the Committee's original and amended reports,
jury instructions 20.6, as proposed by the Committee, and
20.6(a), as originally proposed and as set forth in the
appendix to this opinion, are hereby authorized for
publication and use. New language is indicated by underlining,
and deleted language is indicated by struck-through type. In
authorizing the publication and use of these instructions, we
express no opinion on their correctness and remind all
interested parties that this authorization forecloses neither
requesting additional or alternative instructions nor
contesting the legal correctness of the instructions. We
further caution all interested parties that any comments
associated with the instructions reflect only the opinion of
the Committee and are not necessarily indicative of the views
of this Court as to their correctness or applicability. The
instructions as set forth in the appendix shall be effective
when this opinion is final.
LABARGA, C.J, and PARIENTE, LEWIS, QUINCE, CANADY, and
POLSTON, JJ, concur
LAWSON, J., did not participate.
WELFARE FRAUD - [FOOD ASSISTANCE IDENTIFICATION CARD]
[AUTHORIZATION] [CERTIFICATE OF ELIGIBILITY FOR MEDICAL
SERVICES] [MEDICAID IDENTIFICATION CARD] § 414.39(2),
prove the crime of Welfare Fraud - [Food Assistance
Identification Card] [Authorization] [Certificate of
Eligibility for Medical Services] [Medicaid Identification
Card], the State must prove the following two elements beyond
a reasonable doubt:
1a, 1b, and/or 1c as applicable.
a. used, transferred, acquired, trafficked, altered, forged
b. attempted to use, transfer, acquire, traffic, alter,
forge, or possess
c. aided and abetted another person in the use, transfer,
acquisition, traffic, alteration, forgery or possession of [a
food assistance identification card] [an authorization for
the expenditure of food assistance benefits] [a certificate
of eligibility for medical services] [a Medicaid
use, transfer, acquisition, traffic, alteration, forgery, or
possession was not authorized by law.
requires (insert the appropriate law pertaining to the