In re Standard Jury Instructions in Criminal Cases—Report 2011–04, SC11–2012.

Decision Date29 March 2012
Docket NumberNo. SC11–2012.,SC11–2012.
Parties In re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT 2011–04.
CourtFlorida Supreme Court

Samantha L. Ward, Chair, Standard Jury Instructions in Criminal Cases Committee, Thirteenth Judicial Circuit, Tampa, FL, 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 approve the amended standard instructions. We have jurisdiction. See art. V, § 2(a), Fla. Const.

In In re Standard Jury Instructions in Criminal Cases—Report No. 2007–4, 983 So.2d 531 (Fla.2008), the Court authorized for publication and use nine new standard criminal jury instructions pertaining to the offenses of failure to register by sexual offenders (instructions 11.14 and 11.14(a)–11.14(h)), and thirteen new standard criminal jury instructions pertaining to the offenses of failure to register by sexual predators (instructions 11.15 and 11.15(a)–11.15(l )). The Committee requests that the Court amend these instructions in light of recent legislative changes to section 775.21, Florida Statutes (2011), The Florida Sexual Predators Act, and section 943.0435, Florida Statutes (2011), which requires that sexual offenders register with the sheriff's office.

We agree with the majority of the Committee's proposals. The phrase "or transient" is added to "residence" in instructions 11.14, 11.14(a)–11.14(g), 11.15, and 11.15(a)–11.15(k). This change is consistent with the statutory changes made by chapter 2010–92, sections 2 and 4, Laws of Florida. In addition, element number 3 of instructions 11.15(g), 11.15(i), and 11.15(j) is amended with "temporary residence" and "permanent residence" added as needed pursuant to chapter 2010–92, section 2, Laws of Florida. The Court also adds the definitions for "convicted" as set out in section 943.0435(1)(b) and "conviction" under section 775.21(2)(e). Moreover, section 943.0435(1)(c) expressly provides that "temporary residence" and "transient residence" shall have the same definitions as those provided in section 775.21, which was amended by the Florida Legislature in 2010. See chapter 2010–92, section 2, Laws of Florida.

However, the Court does not agree with the proposals to remove language from instructions 11.14, 11.14(g), 11.15(b), 11.15(i), and 11.15(k) pertaining to providing a physical residential address, and from instructions 11.14(h) and 11.15(l ) defining "physical residential address." Although the Legislature recognized that the offender or predator may live in a "transient" residence—i.e., one which includes but is not limited to a location without a specific street address— sections 775.21 and 943.0435 still include the following language: "A post office box shall not be provided in lieu of a physical residential address." See §§ 775.21(6)(a) 1.; 943.0435(2)(b).1

The revised instructions, as set forth in the appendix to this opinion, are authorized for publication and use.2 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 the correctness of the instructions and remind all interested parties that this authorization forecloses neither requesting an additional or alternative instruction nor contesting the legal correctness of the instructions. We further caution all interested parties that any notes and 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 shall be effective when this opinion becomes final.

It is so ordered.

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

APPENDIX

11.14 FAILURE TO REGISTER AS A SEXUAL OFFENDER

(Initially Register)

§ 943.0435(2)(a)-(b), Fla. Stat.

To prove the crime of Failure to Register as a Sexual Offender, the State must prove the following three elements beyond a reasonable doubt:

Give 1a or 1b as applicable.

1. (Defendant)
a. is a sexual offender.
b. has agreed or stipulated that [he][she] has been convicted as a sexual offender; therefore, you should consider the sexual offender status an element as proven by agreement of the parties.

If the defendant offers to stipulate, the court must accept the offer after conducting an on-the-record colloquy with the defendant. See Brown v. State, 719 So.2d 882 (Fla.1998) ; Johnson v. State, 842 So.2d 228 (Fla. 1st DCA 2003). If there is a stipulation, the court should not give the definition of "sexual offender" or "convicted. "

2. (Defendant) [established] [maintains] [maintained] a permanent , or temporary , or transient residence in (name of county) County, Florida.

Give 3a, 3b, 3c, or 3d as applicable.

3. (Defendant)
a. knowingly failed to register in person at an office of the sheriff of (name of county) County within 48 hours after establishing permanent , or temporary , or transient residence within this state.
b. knowingly failed to report in person at an office of the sheriff of (name of county) County within 48 hours after being released from the [custody, control, or supervision of the Florida Department of Corrections] [custody of a private correctional facility].
c. knowingly failed to register in person at an office of the sheriff of (name of county) County within 48 hours after having been convicted by a court in that county of an offense requiring registration.
d. knowingly failed to provide an office of the sheriff of (name of county) County with [his][her] [ (name the single unprovided registration item charged, as worded in the statute) ] [any one or more of the following items: [his] [her] (name the unprovided registration items charged, as worded in the statute).]

Read only if the defendant is charged with failing to provide a physical residential address.

The defendant shall provide a physical residential address.

Definitions. See instruction 11.14(h) for the applicable definitions.

Lesser Included Offenses

No lesser included offenses have been identified for this offense.

Comment

This instruction was adopted in 2008 and revised in 2012.

11.14(a) FAILURE TO REGISTER AS A SEXUAL OFFENDER

(Failure to Comply with Registration of a Residence, Motor Vehicle, Trailer, Mobile Home, Manufactured Home, Vessel, or Houseboat)

§ 943.0435(2)(b) 1, Fla. Stat.

To prove the crime of Failure to Register as a Sexual Offender, the State must prove the following three elements beyond a reasonable doubt:

Give 1a or 1b as applicable.

1. (Defendant)
a. is a sexual offender.
b. has agreed or stipulated that [he][she] has been convicted as a sexual offender; therefore, you should consider the sexual offender status element as proven by agreement of the parties.

If the defendant offers to stipulate, the court must accept the offer after conducting an on-the-record colloquy with the defendant. See Brown v. State, 719 So.2d 882 (Fla.1998) ; Johnson v. State, 842 So.2d 228 (Fla. 1st DCA 2003). If there is a stipulation, the court should not give the definition of "sexual offender" or "convicted. "

2. (Defendant) [established] [maintains] [maintained] a permanent , or temporary , or transient residence in (name of county) County, Florida.

Give 3a or 3b as applicable.

3. (Defendant)
a. uses as [his][her] place of residence a [motor vehicle] [trailer] [mobile home] [manufactured home];
and
knowingly failed to provide an office of the sheriff of (name of county) County with [the (name the single unprovided registration item charged, as worded in the statute) ] [any one or more of the following items: (name the unprovided registration items charged, as worded in the statute) ] of the [motor vehicle] [trailer] [mobile home] [manufactured home] where [he][she] resides.
b. uses as [his][her] place of residence a [vessel] [live-aboard vessel] [houseboat];
and
knowingly failed to provide an office of the sheriff of (name of county) County with [the (name the single unprovided registration item charged, as worded in the statute) ] [any one or more of the following items: (name the unprovided registration items charged, as worded in the statute) ] of the [vessel] [live-aboard vessel] [houseboat] where [he][she] resides.

Definitions. See instruction 11.14(h) for the applicable definitions.

Lesser Included Offenses

No lesser included offenses have been identified for this offense.

Comment

This instruction was adopted in 2008 and revised in 2012.

11.14(b) FAILURE TO REGISTER AS A SEXUAL OFFENDER

(Failure to Comply with Registration of Employment or Enrollment at an Institution of Higher Learning)

§ 943.0435(2)(b) 2, Fla. Stat.

To prove the crime of Failure to Comply with Registration Requirements as a Sexual Offender, the State must prove the following three elements beyond a reasonable doubt:

Give 1a or 1b as applicable.

1. (Defendant)
a. is a sexual offender.
b. has agreed or stipulated that [he][she] has been convicted as a sexual offender; therefore, you should consider the sexual offender status element as proven by agreement of the parties.

If the defendant offers to stipulate, the court must accept the offer after conducting an on-the-record colloquy with the defendant. See Brown v. State, 719 So.2d 882 (Fla.1998) ; Johnson v. State, 842 So.2d 228 (Fla. 1st DCA 2003). If there is a stipulation, the court should not give the definition of "sexual offender" or "convicted. "

2. (Defendant) [established] [maintains] [maintained] a [permanent] , [temporary] , or transient residence in (name of county) County, Florida.

Give 3a or 3b as applicable.

3. (Defendant)
a. [is][was] enrolled, employed, or carrying on a vocation at an institution of higher education in this state, and
knowingly failed to provide an office of the sheriff of (name of county) County with [ (the name the single unprovided registration item charged, as worded in the statute) ] [any one or more the
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