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In re Standard Jury Instructions in Criminal Case Report 2016-07

Supreme Court of Florida

May 10, 2018

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASE REPORT 2016-07.

         NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.

          Original Proceeding - Supreme Court Committee on Standard Jury Instructions in Criminal Cases

          Judge 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

          PER CURIAM.

         The Supreme Court Committee on Standard Jury Instructions in Criminal Cases (Committee) has submitted a proposed change to standard jury instruction 29.25 (Human Trafficking by a [Parent] [Legal Guardian] [Person with Custody or Control] of a Minor), and asks that the Court authorize the amended standard instruction for publication and use. We have jurisdiction. See art. V, § 2(a), Fla. Const.

         The Committee submitted its report in this case, proposing amendments to a number of the standard criminal jury instructions. On August 10, 2016, the Clerk's Office issued an order directing that the proposal pertaining to instruction 29.24 (Human Trafficking), be severed from the remaining proposals, to be considered under the Court's fast-track procedures because the statute that prompted amendments to instruction 29.24 would become effective October 1, 2016. See § 787.06(8), Fla. Stat. (2016).[1]

         In addition, the Committee brought to the Court's attention that there were two cases pending review in the Court that involved issues pertinent to the Committee's report. Accordingly, we issued a stay in this case, pending resolution of those other cases. The Committee later sought to have the stay lifted, and to withdraw instructions 11.7, 11.10, 11.10(a)-11.10(g), 11.11, 11.12, 11.18, and 29.13(c). We granted that motion on February 26, 2018. We now proceed with our consideration of the Committee's proposal to amend instruction 29.25.

         The Committee proposes adding a section to instruction 29.25 including a definition for "Lack of Chastity, " which is based upon chapter 2016-199, section 4, Laws of Florida, creating section 787.06(10), Florida Statutes (now section 787.06(11), Florida Statutes (2017)). Having considered the Committee's report and the applicable legislative amendment, we authorize instruction 29.25 for publication and use as set forth in the appendix to this opinion.[2] New language is indicated by underlining. In authorizing the publication and use of instruction 29.25, we express no opinion on its correctness and remind all interested parties that this authorization forecloses neither requesting additional or alternative instructions nor contesting the legal correctness of the instruction. We further caution all interested parties that any comment associated with the instruction reflects only the opinion of the Committee and is not necessarily indicative of the views of this Court as to its correctness or applicability. The instruction as set forth in the appendix shall become effective when this opinion becomes final.

         It is so ordered.

          LABARGA, CJ, and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and LAWSON, JJ, concur.

         APPENDIX

         29.25 HUMAN TRAFFICKING BY A [PARENT] [LEGAL GUARDIAN] [PERSON WITH CUSTODY OR CONTROL] OF A MINOR

         § 787.06(4), Fla. Stat.

         To prove the crime of Human Trafficking By a [Parent] [Legal Guardian] [Person With Custody or Control] of a Minor, the State must prove the ...


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