In re Standard Jury Instructions in Criminal Cases—Report 2018-09

• Decision Date: 04 January 2019
• Docket Number: No. SC18-1692,SC18-1692
• Citation: 262 So.3d 59 (Mem)
• Parties: IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT 2018-09.
• Court: Florida Supreme Court

262 So.3d 59 (Mem)

IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT 2018-09.

No. SC18-1692

Supreme Court of Florida.

January 4, 2019

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 for publication and use. We have jurisdiction. See art. V, § 2(a), Fla. Const.

On October 16, 2018, the Committee filed a report proposing amendments to the standard criminal jury instructions. The Committee's proposals pertain to the following existing instructions: 7.8 (Driving Under the Influence Manslaughter); 7.9 (Vehicular or Vessel Homicide); 16.12 (Leaving a Child Unattended or Unsupervised in a Motor Vehicle); 28.1 (Driving Under the Influence); 28.1(a) (Driving Under the Influence Causing Property Damage or Injury); 28.2 (Felony Driving Under the Influence); 28.3 (Driving Under the Influence Causing Serious Bodily Injury); 28.4 (Leaving the Scene of a Crash Involving [Death] [Serious Bodily Injury] [Injury] ); 28.4(a) (Leaving the Scene of a Crash Involving Only Damage to an Attended Vehicle or Attended Property); 28.4(b) (Leaving the Scene of a Crash Involving Damage to an Unattended Vehicle or Unattended Property); 28.5 (Reckless Driving); 28.5(a) (Racing on a Highway); 28.6 (Fleeing to Elude a Law Enforcement Officer); 28.7 (Fleeing to Elude a Law Enforcement Officer (Sirens and Lights Activated) ); 28.8 (Fleeing to Elude a Law Enforcement Officer (Siren and Lights Activated with High Speed or Reckless Driving) ); 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) ); 28.8(b) (Aggravated Fleeing or Eluding (Leaving a Crash Involving Serious Bodily Injury, Injury or Death then Causing Serious Bodily Injury or Death) ); 28.8(c) (Aggravated Fleeing or Eluding (Leaving a Crash Involving Damage to a Vehicle or Property then Causing Serious Bodily Injury or Death) ); 28.8(d) (Aggravated Fleeing or Eluding (Leaving a Crash Involving Serious Bodily Injury, Injury or Death then Causing Injury or Property Damage to Another) ); 28.8(e) (Aggravated Fleeing or Eluding (Leaving a Crash Involving Damage to a Vehicle or Property then Causing Injury or Property Damage to Another) ); 28.13 (Refusal to Submit to Testing); and 28.18 (Failure to Obey the Lawful Order of a [Police] [Fire] [Traffic] Official).

Following publication in The Florida Bar News , the Committee received one comment pertaining to the addition of the terms "personal delivery devices" and "mobile carriers" to the definition of "vehicle." In response, the Committee added the following sentence to the italicized note preceding the definition from section 316.003(99), Florida Statutes (2018): "Some of these terms have their own statutory definitions, which should be given if necessary." Both terms are further defined in section 316.003. See § 316.003(39) ; § 316.003(53), Fla. Stat. (2018).

We authorize the proposed amendments to the instructions for publication and use as proposed and with any modifications discussed below, and discuss the more significant amendments to the instructions as well.

Instructions 7.8, 28.1, 28.1(a), 28.3, 28.4, 28.4(a), 28.4(b), 28.5, 28.6, 28.7, 28.8, 28.8(a), 28.8(b), 28.8(c), 28.8(d), 28.8(e), and 28.18 update the definition of "vehicle" to include as exceptions "personal delivery devices" and "mobile carriers." Those same instructions, as well as 7.9, 16.12, 28.2, and 28.5(a), add the italicized sentence "Some of these terms have their own statutory definitions, which should be given if necessary" above the definitions for "vehicle" or "motor vehicle."

Next, we update the definition of "motor vehicle" to delete "motorcycle" and to add as exceptions "mobile carrier" and "personal delivery device" to instructions 16.12, 28.5, 28.5(a), and 28.13.

In addition, in instructions 28.8(b) and 28.8(d), we add the following italicized trial note and instruction pertaining to whether the defendant caused the victim's injury or death as part of aggravated fleeing or eluding:

Give if it is alleged in the charging document that the defendant caused victim injury or death as part of violating § 316.027, Fla. Stat. § 921.0021(7)(e), Fla. Stat.

If you find that (defendant) committed Aggravated Fleeing, you must then determine whether the State proved beyond a reasonable doubt that [he] [she] caused [death] [or] [severe injury] [or] [moderate injury] [or] [slight injury] to (victim).

Lastly, on the Court's own motion, we change the statutory citation for "vessel" in instruction 7.9 to cite to the correct statutory definition, section 327.02(46), Florida Statutes, see ch. 2017-163, § 2, Laws of Fla., and add the sentence "Some of these terms have their own statutory definitions which should be given if necessary" in the italicized note above the definition for "vehicle" in instruction 28.1(a) to be consistent with the other amended instructions.

Having considered the Committee's report, we authorize the amended instructions as set forth in the appendix to this opinion 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.

CANADY, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, and LAWSON, JJ., concur.

Appendix

APPENDIX

7.8 DRIVING UNDER THE INFLUENCE MANSLAUGHTER

§§ 316.193(3)(a), (3)(b), and (3)(c)3., Fla. Stat.

To prove the crime of DrivinguU nder the Influence Manslaughter, the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) drove [or was in actual physical control of] a vehicle.

2. While driving [or in actual physical control of] the vehicle, (defendant)

Give 2a or 2b or both as applicable.

a. was under the influence of [alcoholic beverages] [a chemical substance] [a controlled substance] to the extent that [his] [her] normal faculties were impaired.

b. had a [blood] [breath]-alcohol level of .08 or more grams of alcohol per [100 milliliters of blood] [210 liters of breath].

3. As a result of operating the vehicle, (defendant) caused or contributed to the cause of the death of [(victim)] [an unborn child].

Give if§§ 316.193(3)(a), (3)(b), and (3)(c)3.b., Fla. Stat., is charged.

If you find the defendant guilty of DrivinguU nder the Influence Manslaughter, you must further determine whether the State proved beyond a reasonable doubt that:

(Defendant), at the time of the crash,

a. knew or should have known that the crash occurred

and

b. failed to give information as required by law

and c. failed to render aid as required by law.

Florida law requires that the driver of any vehicle involved in a crash resulting in injury to or death of any person, or damage to any vehicle or other property which is driven or attended by any person, must supply [his] [her] name, address, and the registration number of the vehicle [he] [she] is driving to any person injured in the crash or to the driver or occupant of or person attending any vehicle or other property damaged in the crash. Upon request and if available, the driver shall also exhibit [his] [her] license or permit to drive.

The driver shall give the same information and, upon request, exhibit his or her license or permit, to any police officer who is at the scene of the crash or who is investigating the crash.

The driver shall also render reasonable assistance to any person injured in the crash, including carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person.

In the event none of the persons specified above are in condition to receive the information to which they otherwise would be entitled, and no police officer is present, the driver of a vehicle involved in the crash, after trying to fulfill the requirements listed above as much as possible, shall immediately report the crash to the nearest office of a duly authorized police authority and supply the information specified above.

Give if applicable. § 316.193(4), Fla. Stat.

If you find the defendant guilty of DrivinguU nder the Influence Manslaughter, you must also determine whether the State has proven beyond a reasonable doubt whether:

a. the defendant had a [blood] [breath]-alcohol level of .15 or higher while driving [or in actual physical control of] the vehicle. b. the defendant was accompanied in the vehicle by a person under the age of 18 years at the time of the Driving uUnder the Influence.

Definitions. Give as applicable.

§ 316.003(959), Fla. Stat. Some of these terms have their own statutory definitions, which should be given if necessary.

"Vehicle" is every device in, upon, or by which any person or property is or may be transported or drawn upon a highway[ , exceptpersonal delivery devices, mobile carriers, and devices used exclusively upon stationary rails or tracks] .

§ 316.1934(1), Fla. Stat.

"Normal faculties"...