In re Standard Jury Instructions in Criminal Cases-Report 2016-03, SC16-782
| Decision Date | 27 October 2016 |
| Docket Number | No. SC16-782,SC16-782 |
| Parties | IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT 2016-03. |
| Court | Florida Supreme Court |
IN RE: STANDARD JURY INSTRUCTIONS
IN CRIMINAL CASES-REPORT 2016-03.
No. SC16-782
Supreme Court of Florida
October 27, 2016
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.
The Committee proposes amending the following existing standard criminal jury instructions: 3.13 (Submitting Case to Jury); 20.13 (Fraudulent Use or Possession of Personal Identification Information); 20.14 (Harassment by Use of Personal Identification Information); 20.15 (Fraudulent Use of Personal Identification Information of a [Minor] [Person Sixty Years of Age or Older]); 20.16 (Fraudulent Use of Personal Identification Information of a [Minor] [Person 60 Years of Age or Older] by a Parent, Guardian, or Person Who Exercised
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Custodial Authority); 20.17 (Fraudulent Use or Possession of Personal Identification Information Concerning a Deceased Individual); 20.18 ([Fraudulent Creation of] [Fraudulent Use of] [Possession with Intent to Fraudulently Use] Counterfeit Personal Identification Information); and 20.21 (Fraudulent Use of Personal Identification Information of a [Disabled Adult] [Public Servant] [Veteran] [First Responder] [State Employee] [Federal Employee]). In addition, the Committee proposes amending instruction 2.08 (Verdict and Submitting Case to Jury), pertaining to "Special Proceedings," specifically "Involuntary Civil Commitment of Sexually Violent Predators." The Committee published its proposals in The Florida Bar News. No comments were received by the Committee. Post-publication, the Committee made minor changes to instructions 20.13, 20.17, and 20.21. The Court did not publish the proposals after they were filed.
The more significant changes to the standard criminal jury instructions are discussed below. First, both instructions 2.08 (Verdict and Submitting Case to Jury) and 3.13 (Submitting Case to Jury) are amended to add the following sentence to the instructions: "If you have voted, do not disclose the actual vote in the note." This change is supported by Scoggins v. State, 691 So. 2d 1185, 1186-88 (Fla. 4th DCA 1997), which stated that knowing the numerical divisions within the jury could lead the trial judge to interact inappropriately with the jurors.
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Next, in instructions 20.14 (Harassment by Use of Personal Identification Information) and 20.18 ([Fraudulent Creation of] [Fraudulent Use of] [Possession with Intent to Fraudulently Use] Counterfeit Personal Identification Information), the language pertaining to enhanced penalties is removed from the italicized instruction to the judge, and the following paragraph is added to the Comment section of the instructions: "There are two possible enhanced penalties for this crime. See § 817.568(5), and § 817.568(10), Fla. Stat. If one of those enhanced penalties is charged, a special instruction would be necessary in order for the jury to make the appropriate finding."
The remaining amendments to the standard jury instructions are straightforward and generally track the language of the offenses instructed upon.
Having considered the Committee's report, we authorize the standard jury instructions for publication and use as proposed by the Committee.
The amended criminal jury instructions and the amended involuntary civil commitment of sexually violent predators jury instruction, as set forth in the appendix to this opinion, are hereby authorized for publication and use.1 New
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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 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. The instructions as set forth in the appendix shall be effective when this opinion becomes final.
It is so ordered.
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND IF FILED, DETERMINED.
Original Proceeding - Supreme Court Committee on Standard Jury Instructions in Criminal Cases
Judge Frederic Rand Wallis, Chair, Supreme Court Committee on Standard Jury Instructions in Criminal Cases, Daytona Beach, Florida; and Barton Neil Schneider, Staff Liaison, Office of the State Courts Administrator, Tallahassee, Florida,
for Petitioner
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In just a few moments you will be taken to the jury room by the [court deputy] [bailiff]. The first thing you should do is choose a foreperson who will preside over your deliberations. The foreperson should see to it that your discussions are carried on in an organized way and that everyone has a fair chance to be heard. It is also the foreperson's job to sign and date the verdict form when all of you have agreed on a verdict and to bring the verdict form back to the courtroom when you return.
During deliberations, jurors must communicate about the case only with one another and only when all jurors are present in the jury room. You are not to communicate with any person outside the jury about this case. Until you have reached a verdict, you must not talk about this case in person or through the telephone, writing, or electronic communication, such as a blog, twitter, e-mail, text message, or any other means. Do not contact anyone to assist you during deliberations. These communications rules apply until I discharge you at the end of the case. If you become aware of any violation of these instructions or any other instruction I have given in this case, you must tell me by giving a note to the [court deputy] [bailiff].
Give if judge has allowed jurors to keep their electronic devices during the trial.
Many of you may have cell phones, tablets, laptops, or other electronic devices here in the courtroom. The rules do not allow you to bring your phones or any of those types of electronic devices into the jury room. Kindly leave those devices on your seats where they will be guarded by the [court deputy] [bailiff] while you deliberate.
Do not contact anyone to assist you during deliberations. These communications rules apply until I discharge you at the end of the case. If you become aware of any violation of these instructions or any other instruction I have given in this case, you must tell me by giving a note to the [court deputy] [bailiff].
If you need to communicate with me, send a note through the [court deputy] [bailiff], signed by the foreperson. If you have voted, do not disclose the actual vote in the note.
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If you have questions, I will talk with the attorneys before I answer, so it may take some time. You may continue your deliberations while you wait for my answer. I will answer any questions, if I can, in writing or orally here in open court.
Give if applicable.
During the trial, [an item] [items] [was] [were] received into evidence as [an] exhibit[s]. You may examine whatever exhibit[s] you think will help you in your deliberations.
Give a or b as appropriate.
[The[se] exhibit[s] will be sent into the jury room with you when you begin to deliberate.][If you wish to see an[y] exhibit[s], please request that in writing.]
In closing, let me remind you that it is important that you follow the law spelled out in these instructions in deciding your verdict. There are no other laws that apply to this case. Even if you do not like the laws that must be applied, you must use them. For two centuries we have lived by the constitution and the law. No juror has the right to violate rules we all share.
This instruction was adopted in 1981 and was amended in 2000 [777 So. 2d 366], 2003 [850 So. 2d 1272], 2010 [52 So. 3d 595], 2012 [141 So. 3d 132], and 2014 [152 So. 3d 529], and 2016.
To prove the crime of [Fraudulent [Use] [Possession] of] [Possession with Intent to Fraudulently Use] Personal Identification Information, the State must prove the following two elements beyond a reasonable doubt:
1. (Defendant) willfully and without authorization [fraudulently used] [possessed with intent to fraudulently use] personal identification information concerning (victim).
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2. [He] [She] did so without first obtaining the consent of (victim).
Definitions.
"Willfully" means intentionally, knowingly, and purposely.
"Fraudulently" means purposely or intentionally suppressing the truth or perpetrating a deception or both.
§ 817.568(1)(b), Fla. Stat.
"Authorization" means empowerment, permission, or competence to act.
§ 817.568(1)(f), Fla. Stat.
"Personal identification information" means any name or number that may be used, alone or in conjunction with any other information, to identify a specific personindividual, including any name, postal or electronic mail address, telephone number, social security number, date of birth, mother's maiden name, official state or United States issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer's identification number, Medicaid or food stamp account number, bank account number, credit or debit card number or personal identification number or code assigned to the holder of a debit card by the issuer to permit authorized use of such card, unique biometric data such as fingerprint, voice print, retina or iris image, or...
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