IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES REPORT 2019-06.
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 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.
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.
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.
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).
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.
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.
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.
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."
instruction 26.8 is further amended to update the affirmative
defense of renunciation under section ...