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Alerts: Updated 10/5/2020

The following instructions are currently under review because of recent legislation or case law:

  • Instructions 3.12(e); 7.10; 7.11 – State v. Poole, 297 So. 3d 487 (Fla. January 23, 2020) 
  • Instructions 11.1; 11.2; 11.3; 11.4; 11.6; 11.6(a); 11.10(c)-(f) – Allen v. State, 298 So. 3d 704 (Fla. 1st DCA 2020); review granted, No. SC20-1053, 2020 WL 4590313 (Fla. 2020).
  • Instruction 11.9 – Chapter 2020-84, Laws of Florida

Proposals:

10.6 – DISCHARGING A FIREARM [IN PUBLIC] [ON RESIDENTIAL PROPERTY]
11.1 – SEXUAL BATTERY – VICTIM LESS THAN 12 YEARS OF AGE
11.2 – SEXUAL BATTERY – VICTIM 12 YEARS OF AGE OR OLDER – GREAT FORCE OR DEADLY WEAPON
11.3 – SEXUAL BATTERY – UNDER SPECIFIED CIRCUMSTANCES
11.4 – SEXUAL BATTERY
11.6 – ENGAGING IN AN ACT WHICH CONSTITUTES SEXUAL BATTERY UPON OR WITH A CHILD 12 YEARS OF AGE OR OLDER BUT YOUNGER THAN 18 YEARS OF AGE BY PERSON IN FAMILIAL OR CUSTODIAL AUTHORITY
11.6(a) – ENGAGING IN AN ACT [WHICH CONSTITUTES SEXUAL BATTERY] [INJURED THE SEXUAL ORGAN OF ANOTHER IN AN ATTEMPT TO COMMIT SEXUAL BATTERY] BY A PERSON IN FAMILIAL OR CUSTODIAL AUTHORITY UPON A PERSON LESS THAN 12 YEARS OF AGE
11.9 – UNLAWFUL EXPOSURE OF SEXUAL ORGANS
11.10(c) – LEWD OR LASCIVIOUS MOLESTATION
11.10(d) – LEWD OR LASCIVIOUS CONDUCT
11.10(e) – LEWD OR LASCIVIOUS EXHIBITION PRESENCE OF CHILD
11.10(f) – LEWD OR LASCIVIOUS EXHIBITION OVER COMPUTER SERVICE
29.1 – DISORDERLY INTOXICATION

The committee invites all interested persons to comment on the proposals. Comments must be received by the committee in either electronic format or hard copy on or before November 6, 2020. The committee will review all comments received in response to the proposals at its next meeting and will consider amendments based upon the comments received. 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.