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In re Standard Jury Instructions In Criminal Cases Report 2019-06

Supreme Court of Florida

December 19, 2019

IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES REPORT 2019-06.

         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 proposed changes to the standard jury instructions and asks that the Court authorize the amended standard instructions. We have jurisdiction. See art. V, § 2(a), Fla. Const.

         The Committee filed a report on July 1, 2019, proposing amendments to the following existing standard criminal jury instructions: 10.18 (Altering or Removing Firearm Serial Number/Sale or Delivery of Firearm with Serial Number Altered or Removed); 26.2 (RICO-Use or Investment of Proceeds From Pattern of Racketeering Activity); 26.3 (RICO-Use or Investment of Proceeds From Collection of Unlawful Debt); 26.4 (RICO-Acquisition or Maintenance Through Pattern of Racketeering Activity); 26.5 (RICO-Acquisition or Maintenance Through Collection of Unlawful Debt); 26.6 (RICO-Conduct of or Participation in an Enterprise Through Collection of Unlawful Debt); 26.7 (RICO-Conduct of or Participation in an Enterprise Through a Pattern of Racketeering Activity); and 26.8 (Conspiracy to Engage in Pattern of Racketeering Activity). The proposals were published in The Florida Bar News. One comment, by the Florida Public Defender Association (FPDA), was received by the Committee. Upon the filing of the Committee's report, the Court did not publish the proposals for comment.

         We authorize the proposed amendments to the instructions herein at issue for publication and use as proposed. The significant changes to the instructions are as follows.

         First, pertaining to instruction 10.18, the title is updated to reflect the significant aspects of the offense. Thus, the title as amended now is "[Altering or Removing Firearm Serial Number with Intent to Disguise True Identity] [Possession or Sale or Delivery of Firearm with Serial Number Altered or Removed]." In addition, the term "knowingly" is added to the first element for the offense charged under section 790.27(2)(a), Florida Statutes (2019). Finally, instruction 10.18 is amended to update the definition for "possession," consistent with that in In re Standard Jury Instructions in Criminal Cases-Report 2017-03, 238 So.3d 182, 183-84 (Fla. 2018).

         Next, in instructions 26.2-26.8, the definition for the term "enterprise" is added with a citation to section 895.02(5), Florida Statutes (2019), and providing as follows:

"Enterprise" means any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this state, or other legal entity, or any unchartered union, association, or group of individuals associated in fact although not a legal entity; and it includes illicit as well as licit enterprises and governmental, as well as other, entities.

         Also, the references to "individual" and "sole proprietorship" within the definition to "enterprise" include citations to State v. Nishi, 521 So.2d 252 (Fla. 3d DCA 1988), and State v. Bowen, 413 So.2d 798 (Fla. 1st DCA 1982), respectively, in the comment section of the instruction.

         Further, instructions 26.2, 26.4, and 26.7 are amended to instruct on the issue of timing of the offense if there is no express stipulation regarding dates.

         In addition, the title to instruction 26.5 is updated to reflect the offense charged under section 895.03(2), Florida Statutes (2019), to provide "RICO- Acquisition or Maintenance of an Interest in or Control of [an Enterprise] [Real Property] Through Collection of Unlawful Debt."

         Lastly, instruction 26.8 is further amended to update the affirmative defense of renunciation under section ...


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