IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT 2019-10.
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 for publication
and use. We have jurisdiction. See art. V, §
2(a), Fla. Const.
Committee proposes that the Court amend standard jury
instructions 28.6 (Fleeing to Elude a Law Enforcement
Officer), 28.7 (Fleeing to Elude a Law Enforcement Officer
(Siren and Lights Activated)), 28.8 (Fleeing to Elude a Law
Enforcement Officer (Siren and Lights Activated with High
Speed or Reckless Driving)), and 28.8(a) (Fleeing to Elude a
Law Enforcement Officer (Siren and Lights Activated with High
Speed or Reckless Driving Causing Serious Bodily Injury or
Death)). Following publication in The Florida Bar
News, the Committee received comments from the Florida
Public Defender Association (FPDA). The Committee did not
revise their proposals upon review of that comment, and the
Court did not publish the proposals upon submission by the
Committee's amendments are limited to removing the
definition for "operator," and updating the
statutory citations for "street or highway" and
"vehicle" in each of the instructions. Having
considered the Committee's report and the FPDA's
comment submitted to the Committee and filed with the Court,
and the Committee's response to the comment, we authorize
instructions 28.6, 28.7, 28.8, and 28.8(a) for publication
and use as proposed.
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. We
caution all interested parties that any comments associated
with the instructions reflect only the opinion of the
Committee and are not necessarily indicative of the views of
this Court as to their correctness or applicability. 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. The
instructions as set forth in the appendix shall become
effective when this opinion becomes final.
CANADY, C.J., and POLSTON, LABARGA, LAWSON, and MUÑIZ,
FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER
§ 316.1935(1), Fla. Stat.
prove the crime of Fleeing to Elude a Law Enforcement
Officer, the State must prove the following three elements
beyond a reasonable doubt:
1. (Defendant) was operating a
vehicle upon a street or highway in Florida.
2. A duly authorized law enforcement officer ordered
the defendant to stop or remain stopped.
Give 3a or 3b as applicable.
3. (Defendant), knowing [he] [she]
had been ordered to stop by a duly authorized law enforcement
a. willfully refused or failed to stop the vehicle in
compliance with the order
b. having stopped the vehicle, willfully fled in a
vehicle in an attempt to elude the officer.
316.003(48), Fla. Stat.
means any person who is in actual physical control of a motor
vehicle upon the highway [or who is exercising control over
or steering a vehicle being towed by a motor
316.003(813), Fla. Stat.
or highway" means the entire width between boundary
lines of every way or place of whatever nature when any part
thereof is open to the public for purposes of vehicular
316.003(99102), Fla. Stat. Some of
these terms have their own statutory definitions, which
should be given if necessary.
means every device, in, upon, or by which any person or
property is or may be transported or drawn upon a highway[,
except personal delivery devices, mobile carriers, and
devices used exclusively upon stationary rails or
v. State, 512 So.2d 1109 (Fla. 1st DCA 1987).
"Willfully" means intentionally, knowingly,