IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES— REPORT 2019-04.
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 new and amended standard instructions. We have
jurisdiction. See art. V, § 2(a), Fla. Const.
Committee proposes amending standard criminal jury
instructions 10.7(a) (Throwing, Making, Placing, Projecting,
or Discharging Destructive Device), 10.7(b) (Throwing,
Making, Placing, Projecting, or Discharging Destructive
Device), 10.7(c) (Throwing, Making, Placing, Projecting, or
Discharging Destructive Device), and 10.13
(Shooting or Throwing [A Missile] [Stone] [Hard Substance]
[At] [Within] [Into] [In] a[n] [Building] [Vehicle] [Vessel]
[Aircraft] ). All of the proposals were published in The
Florida Bar News . No comments were received by the
Committee. After the Committee filed its report, the Court
did not publish the proposals for comment.
considered the Committees report, we authorize for
publication and use standard jury instructions 10.7(a),
10.7(b), 10.7(c), and 10.13. We discuss the more significant
the definition of "willfully" is added in
instructions 10.7(a), 10.7(b), and 10.7(c) to define the term
as "intentionally, knowingly, and purposely," which
tracks other standard jury instructions defining the term.
See, e.g., Fla. Std. Jury Instr. (Crim.) 10.7(d)
(Possessing, Throwing, Making, Placing, Projecting, or
Discharging a Destructive Device Resulting in Death).
the titles of instructions 10.7(a), 10.7(b), and 10.7(c) are
amended to include "possessing" to track section
790.161, Florida Statutes (2018), and the concept of
"possession," as authorized in In re Standard
Jury Instructions in Criminal Cases— Report
2017-03, 238 So.3d 182 (Fla. 2018), is also added to
instructions 10.7(a), 10.7(b), and 10.7(c).
instruction 10.7(b), "person" is added in element
2a and "another person" is substituted for
"(victim)" in element 2b to track the applicable
statutory provisions. See § 790.161(2), Fla. Stat.
10.7(c) is amended to add "(Defendant)" to element
one and "person" to element two to better tie the
elements together and track the language of section
790.161(3), Florida Statutes (2018).
instruction 10.13 is amended to include "shot a firearm
that would produce death or great bodily harm" as an
optional element based upon case law interpreting section
790.19, Florida Statutes (2018). See Valdes v.
State, 3 So.3d 1067 (Fla. 2009); Jefferson v.
State, 927 So.2d 1037 (Fla. 4th DCA 2006); Horn v.
State, 677 So.2d 320 (Fla. 1st DCA 1996), Jones v.
Singletary, 621 So.2d 760 (Fla. 3d DCA 1993). A comment
is added by the Committee that addresses the use of a firearm
as an element of the offense as it relates to section
775.087(1) and (2), Florida Statutes (2018), which deal with
reclassification and sentencing guidelines. Instruction 10.13
also is amended to include definitions of "firearm"
and "great bodily harm" as authorized in In re
Standard Jury Instructions in Criminal Cases - Report
2018-14, 267 So.3d 980 (Fla. 2019).
amended criminal jury instructions, as set forth in the
appendix to this opinion, are hereby authorized for
publication and use. New 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 on 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 ...