Amendments to jury instructions.

The Supreme Court Committee on Standard Jury Instructions in Criminal Cases submits the following new and amended instructions to the Florida Standard Jury Instructions in Criminal Cases for comment. The committee proposes the following:

3.12--VERDICT

3.12(a)--SINGLE DEFENDANT, MULTIPLE COUNTS OR INFORMATION

3.12(c)--MULTIPLE COUNTS OR INFORMATIONS, MULTIPLE DEFENDANTS

3.12(d)--LEGALLY INTERLOCKING COUNTS

3.12(e)--CRIME LEGALLY INTERLOCKING WITH A SPECIAL FINDING

20.13--FRAUDULENT USE OR POSSESSION WITH INTENT TO FRAUDULENTLY USE 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 CUSTODIAL AUTHORITY

20.17--FRAUDULENT USE OR POSSESSION WITH INTENT TO FRAUDULENTLY USE PERSONAL IDENTIFICATION INFORMATION CONCERNING A [DECEASED INDIVIDUAL] [DISSOLVED BUSINESS ENTITY]

20.18--[FRAUDULENT CREATION OF] [FRAUDULENT USE OF] [POSSESSION WITH INTENT TO FRAUDULENTLY USE] COUNTERFEIT PERSONAL IDENTIFICATION INFORMATION

20.21--FRAUDULENT USE OF PERSONAL IDENTIFICATION INFORMATION OF A [DISABLED ADULT] [PUBLIC SERVANT] [VETERAN] [FIRST RESPONDER] [STATE EMPLOYEE] [FEDERAL EMPLOYEE]

25.13(f)--[OWNERSHIP] [LEASE] [RENTAL] OF A PLACE FOR [[TRAFFICKING IN] [SALE OF] A CONTROLLED SUBSTANCE] [MANUFACTURING A CONTROLLED SUBSTANCE INTENDED FOR SALE OR DISTRIBUTION]

25.13(g)--POSSESSION OF A PLACE FOR [[TRAFFICKING IN] [SALE OF] A CONTROLLED SUBSTANCE] [MANUFACTURING A CONTROLLED SUBSTANCE INTENDED FOR SALE OR DISTRIBUTION]

25.13(h)--POSSESSION OF A PLACE USED TO MANUFACTURE A CONTROLLED SUBSTANCE INTENDED FOR SALE OR DISTRIBUTION (MINOR PRESENT OR IN RESIDENCE)

25.15(a)--RETAIL SALE OF DRUG PARAPHERNALIA

25.15(b)--TRANSPORTATION OF DRUG PARAPHERNALIA

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

28.6--FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER

28.7--FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER

28.8--FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER

28.8(a)--FLEEING TO ELDUE A LAW ENFORCEMENT OFFICER

28.8(b)--AGGRAVATED FLEEING OR ELUDING

28.8(c)--AGGRAVATED FLEEING OR ELUDING

28.8(d)--AGGRAVATED FLEEING OR ELUDING

28.8(e)--AGGRAVATED FLEEING OR ELUDING

28.11--DRIVING WITH LICENSE SUSPENDED, REVOKED, OR CANCELED WITH KNOWLEDGE

29.5--DISORDERLY CONDUCT

The committee invites all interested persons to comment on the proposals, reproduced in full below. Comments must be received by the committee in either electronic format or hard copy on or before February 17. The committee will review all comments received in response to the above proposal at its next meeting and will consider amendments based upon the comments received. Upon final approval of the instruction, the committee will make a recommendation to the Florida Supreme Court. File your comments electronically to CrimJuryInst@flcourts.org, in the format of a Word document. If you cannot file electronically, mail a hard copy of the comment to Standard Jury Instructions Committee in Criminal Cases, c/o Bart Schneider, General Counsel's Office, Office of the State Courts Administrator, 500 S. Duval Street, Tallahassee 32399-1900.

3.12 VERDICT

You may find the defendant guilty as charged in the [information] [indictment] or guilty of such lesser included crime[s] as the evidence may justify or not guilty.

If you return a verdict of guilty, it should be for the highest offense which has been proven beyond a reasonable doubt. If you find that no offense has been proven beyond a reasonable doubt, then, of course, your verdict must be not guilty.

The verdict must be unanimous, that is, all of you must agree to the same verdict. Only one verdict may be returned as to [the crime] [each crime] charged [, except as to Count ([begin strikethrough]insert number[end strikethrough]insert number), where the defendant can be found guilty of more than one lesser included crime]. The verdict must be in writing and for your convenience the necessary verdict form[s] [has] [have] been prepared for you. [It is] [They are] as follows (read verdict form(s)):

Give if the State is proceeding on both theories of First Degree Murder (premeditated and _ felony murder). Mansfield v. State, 911 So. 2d 1160 (Fla. 2005).

If you return a verdict of guilty to the charge of First Degree Murder, it is not necessary that all of you agree the State proved First Degree Premeditated Murder and it is not necessary that all of you agree the State proved First Degree Felony Murder. Instead, what is required is that all of you agree the State proved either First Degree Premeditated Murder or First Degree Felony Murder.

In cases of multiple defendants or multiple charges, give 3.12(a), (b), or (c) as applicable.

A sample of possible verdict forms for typical variables in combinations of defendants and charges follows:

1. Verdict form for single count, single defendant.

   We, the jury, find as follows, as to the defendant in this case: (check only one)

   --a. The defendant is guilty of (crime charged).

   --b. The defendant is guilty of (a lesser included offense).

   --c. The defendant is not guilty.

2. Verdict form for multiple counts, single defendant.

   We, the jury, find as follows, as to Count I of the charge: (check only one as to this count)

   --a. The defendant is guilty of (crime charged).

   --b. The defendant is guilty of (a lesser included offense).

   --c. The defendant is not guilty.

   We, the jury, find as follows, as to Count II of the charge: (check only one as to this count)

   --a. The defendant is guilty of (crime charged).

   --b. The defendant is guilty of (a lesser included offense).

   --c. The defendant is not guilty.

3. Verdict form if a count is a crime where the defendant can be guilty of more than one lesser included offense.

   We, the jury, find as follows, as to Count (insert number) of the charge:

   --a. The defendant is guilty of (crime charged).

   (If the defendant is not guilty of the main charge, then proceed to the lesser included offenses):

   --b. The defendant is guilty of lesser included offense(s). (check as many lesser included offenses as apply)

   --The defendant is guilty of (lesser included offense).

   --The defendant is guilty of (lesser included offense).

   --The defendant is guilty of (lesser included offense).

   --The defendant is guilty of (lesser included offense).

   (If the defendant is not guilty of the main charge or any lesser included offenses, then proceed to not guilty):

   --c. The defendant is not guilty.

   Use separate verdict for each defendant.

4. Verdict form for multiple counts, multiple defendants.

   We, the jury, find as to the defendant, (name of defendant), as follows:

   As to Count I: (check only one as to this count)

   --a. The defendant is guilty of (crime charged).

   --b. The defendant is guilty of (a lesser included offense).

   --c. The defendant is not guilty.

   As to Count II: (check only one as to this count)

   --a. The defendant is guilty of (crime charged).

   --b. The defendant is guilty of (a lesser included offense).

   --c. The defendant is not guilty.

5. Verdict form when insanity is a defense.

   --a. The defendant is guilty of (crime charged).

   --b. The defendant is guilty of (a lesser included offense).

   --c. The defendant is not guilty.

   --d. The defendant is not guilty because legally insane.

   Read if applicable

   In addition to the verdict form[s], there [is] [are] [a] Special Finding form[s] for Count[s]

   (insert number(s).

6. Special finding form regarding [section] 775.087(1), Fla. Stat.

   If you found the defendant guilty of (name of crime), you must then answer the following question:

   During the commission of the offense, did the defendant personally [carry]

   [display] [use] [threaten to use] [attempt to use] a [weapon] [firearm]?

   --Yes

   --No

7. Special finding form regarding [section] 775.087(2), Fla. Stat.

   If you found the defendant guilty of (name of crime), you must then answer the following question[s]:

1. During the commission of the offense, did the defendant actually possess a [firearm] [destructive device]?

   --Yes

   --No

2. During the commission of the offense, did the Defendant personally discharge a [firearm] [destructive device]?

   --Yes

   --No

3. During the commission of the offense and as a result of the discharge of the [firearm] [destructive device], was death caused to (victim)?

   --Yes

   --No

   Comments

   This instruction must be amended if the defendant is relying on an insanity defense.

   It is highly recommended that trial courts rely solely on the core offense in determining the order of lesser included offenses on a verdict form. Trial courts should then provide an interrogatory, separate from the verdict form for the core offense, for the jury to determine the existence of circumstances that can result in mandatory minimum sentences, sentence enhancements, or offense reclassifications. In addition, interrogatories should be used for crimes such as burglary and robbery, in which the aggravating factor is part of the statute governing the substantive crime. Sanders v. State, 944 So. 2d 203 (Fla. 2006).

   For compounded offenses, such as Burglary with an Assault, the jury can convict on two lesser-included offenses. See Gian-Grasso v. State, 899 So. 2d 392 (Fla. 4th DCA 2005).

   This verdict form was adopted in 1981 and was amended in October 1981, December 1995, [begin strikethrough]and[end strikethrough] 2016 [199 So. 3d 234], and 2017.

   3.12(

   1. SINGLE DEFENDANT, MULTIPLE COUNTS OR INFORMATIONS

   A separate crime is charged in each [count of the information] [indictment] [information] and, although they have been tried together, each crime and the evidence applicable to it...