IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASE REPORT 2016-07.
FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF
Original 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 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.
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.
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.
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. 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.
LABARGA, CJ, and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON,
and LAWSON, JJ, concur.
HUMAN TRAFFICKING BY A [PARENT] [LEGAL GUARDIAN] [PERSON WITH
CUSTODY OR CONTROL] OF A MINOR
787.06(4), Fla. Stat.
prove the crime of Human Trafficking By a [Parent] [Legal
Guardian] [Person With Custody or Control] of a Minor, the
State must prove the ...