In re Standard Jury Instructions in Criminal Cases—Report 2019-10
| Decision Date | 16 January 2020 |
| Docket Number | No. SC19-1760,SC19-1760 |
| Parties | IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT 2019-10. |
| Court | Florida Supreme Court |
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
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 for publication and use. We have jurisdiction. See art. V, § 2(a), Fla. Const.
The 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) (). 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.
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.
The amended criminal jury instructions, as set forth in the appendix to this opinion, are hereby authorized for publication and use.1 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.
It is so ordered.
APPENDIX
28.6 FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER
§ 316.1935(1), Fla. Stat.
To prove the crime of Fleeing to Elude a Law Enforcement Officer, the State must prove the following three elements beyond a reasonable doubt:
"Operator" 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 vehicle].
"Street 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 traffic.
§ 316.003(99102), Fla. Stat. Some of these terms have their own statutory definitions, which should be given if necessary.
"Vehicle" 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 tracks].
Patterson v. State, 512 So.2d 1109 (Fla. 1st DCA 1987).
"Willfully" means intentionally, knowingly, and purposely.
Comments
* The Second District Court of Appeal requires Disobedience to Police to be given as a lesser when the charging document tracks the Fleeing statute.See Koch v. State, 39 So.3d 464 (Fla. 2d DCA 2010);Lucas v. State, 192 So.3d 1269 (Fla. 2d DCA 2016). The Committee retained Disobedience to Police in the Category Two box, however, because Disobedience to Police requires the police order or direction to be lawful and the crime of Fleeing to Elude LEO does not contain that element.See State v. Kirer, 120 So.3d 60 (Fla. 4th DCA 2013);Jackson v. State, 463 So.2d 372 (Fla. 5th DCA 1985).
This instruction was adopted in 2000 and amended in 2008 [976 So.2d 1081], 2011 [73 So.3d 136], 2015 [166 So.3d 161], 2018 [236 So.3d 244],and 2019 [262 So.3d 59], and 2020.
28.7 FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER (Siren and Lights Activated)
§ 316.1935(2), Fla. Stat.
To prove the crime of Fleeing to Elude a Law Enforcement Officer, the State must prove the following three elements beyond a reasonable doubt:
"Operator" 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 vehicle].
"Street 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 traffic.
§ 316.003(99102), Fla. Stat. Some of these terms have their own statutory definitions, which should be given if necessary.
"Vehicle" 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 tracks].
Patterson v. State, 512 So.2d 1109 (Fla. 1st DCA 1987).
"Willfully" means intentionally, knowingly, and purposely.
Lesser Included Offenses
FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER —
316.1935(2)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO
Fleeing to elude 316.1935(1) 28.6
Reckless Driving (if 316.192(1)(b) 28.5
there is evidence that
the fleeing was in a
motor vehicle)
Disobedience to Police
or Fire Department 316.072(3) 28.18
Officials*
Comments
* The Second District Court of Appeal requires Disobedience to Police to be given as a lesser when the charging document tracks the Fleeing statute.See Koch v. State, 39 So.3d 464 (Fla. 2d DCA 2010);Lucas v. State, 192 So.3d 1269 (Fla. 2d DCA 2016). The Committee retained Disobedience to Police in the Category Two box, however, because Disobedience to Police requires the police order or direction to be lawful and the crime of Fleeing to Elude LEO does not contain that element.See State v. Kirer, 120 So.3d 60 (Fla. 4th DCA 2013);Jackson v. State, 463 So.2d 372 (Fla. 5th DCA 1985).
This instruction was adopted in 2000 and amended in 2008 [976 So.2d 1081], 2011 [73 So.3d 136], 2015 [166 So.3d 161], 2018 [236 So.3d 244],and 2019 [262 So.3d 59], and 2020.
28.8 FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER (Siren and Lights Activated with High Speed or Reckless Driving)
§ 316.1935(3)(a), Fla. Stat.
To prove the crime of Fleeing to Elude a Law Enforcement Officer, the State must prove the following four elements beyond a reasonable doubt:
"Operator" 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 vehicle].
"Street 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 traffic.
§ 316.003(99102), Fla. Stat. Some of these terms...
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