IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT 2016-12.
FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND IF
Proceeding - Supreme Court Committee on Standard Jury
Instructions in Criminal Cases
F. Rand Wallis, Chair, Supreme Court Committee on Standard
Jury Instructions in Criminal Cases, Daytona Beach, Florida;
and Bart Schneider, Staff Liaison, Office of the State Courts
Administrator, Tallahassee, Florida, for Petitioner.
Supreme Court Committee on Standard Jury Instructions in
Criminal Cases (Committee) has submitted a report proposing
amendments to one existing instruction and the addition of
one new instruction. The Committee requests that the Court
authorize its proposals for publication and use. We have
jurisdiction. See art. V, § 2(a), Fla. Const.
Committee proposes amending existing instruction 21.15 (False
Information to Law Enforcement), and adopting new instruction
29.26 (Unlawful Use of a Two-Way Communications Device).
Following publication of its proposals, two comments were
received by the Committee. The Committee considered the
comments, but did not make the recommended changes.
more significant changes to the standard criminal jury
instructions include the following. As amended, existing
instruction 21.15 (False Information to Law Enforcement),
which covers the crime of knowingly giving false information
to a law enforcement officer who is conducting a missing
person or a felony criminal investigation, adds the sentence,
"The court instructs you that (name of crime) is a
felony." Next, as adopted, new instruction 29.26
(Unlawful Use of a Two-Way Communications Device) instructs
upon the crime as set forth in section 934.215, Florida
Statutes (2016), and includes the two elements that track the
language of the statute. The instruction further provides
that the identified felony is a felony.
considered the Committee's report and the comments to the
proposals, the proposed amendments to jury instruction 21.15
and new instruction 29.26, as set forth in the appendix to
this opinion, are hereby authorized for publication and
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 as to 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 become effective when this
opinion becomes final.
LABARGA, CJ, and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON,
and LAWSON, JJ, concur
FALSE INFORMATION TO LAW ENFORCEMENT §
837.055(1), Fla. Stat.
prove the crime of False Information to Law Enforcement, the
State must prove the following five elements beyond a
1. (Name of law enforcement officer)
was conducting a [missing person investigation]
[felony criminal ...