text:
    In re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2014-03.
    No. SC14-465.
    Supreme Court of Florida.
    Jan. 29, 2015.
    Jerri Lynn Collins, Chair, Supreme Court Committee on Standard Jury Instructions in Criminal Cases, Sanford, FL; Joseph Anthony Bulone, Past Chair, Supreme Court Committee on Standard Jury Instructions in Criminal Cases, Clear-water, FL; and Bart Neil Schneider, Staff Liaison, Office of the State Courts Administrator, Tallahassee, FL, for Petitioner.
   PER CURIAM.

The Supreme Court Committee on Standard Jury Instructions in Criminal Cases (Committee) has submitted a report proposing changes to the standard criminal jury instructions and asks the Court to authorize the amended standard instructions for publication and use. We have jurisdiction. See art. V, § 2(a), Fla. Const.

The Committee proposes changes to the following six standard criminal jury instructions: (1) 11.1, Sexual Battery — Victim Less Than 12 Years of Age; (2) 11.2, Sexual Battery — Victim 12 Years of Age or Older — Great Force; (3) 11.3, Sexual Battery — Victim 12 Years of Age or Older— Specified Circumstances; (4) 11.4, Sexual Battery-Person 12 Years of Age or Older; (5) 11.5, Solicitation of Child Under 18 Years of Age to Engage in an Act that Constitutes Sexual Battery by Person in Familial or Custodial Authority; and (6) 11.6, Sexual Battery Upon Child 12 Years of Age or Older but Under 18 Years of Age by Person in Familial or Custodial Authority.

The Committee previously proposed amendments to Criminal Jury Instruction 11.1. The Court declined to authorize the proposed changes due to a lack of supporting legal authority for certain proposed changes and a perceived logical inconsistency in the table of lesser-included offenses. See In re Std. Jury Instrs. in Crim. Cases—Report No. 2012-05, 131 So.3d 755, 756 (Fla.2013). We asked the Committee to reconsider its proposal. The current report provides the legal support previously found lacking and clarifies the Committee’s reasoning with respect to the table of lesser-included offenses. After the Committee’s report was filed with the Court, the proposed changes were published in The Florida Bar News and comments were solicited. No comments were filed.

In reconsidering its proposed changes to instruction 11.1, the Committee discovered additional issues affecting not only instruction 11.1 but also instructions 11.2-11.6. All six instructions are amended in order to include all the possible ways the various offenses can be committed based on the statutory language defining the offenses. Other changes are made to conform the instructions and notes to the statutory language and caselaw. Obsolete notes and comments are deleted from the instructions. The tables of lesser-included offenses are revised for technical correctness and consistency.

Upon consideration of the Committee’s report, we authorize the amended instructions, as set forth in the appendix to this opinion, for publication and use. 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 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.

APPENDIX

11.1 SEXUAL BATTERY—VICTIM LESS THAN 12 YEARS OF AGE

§ 794.011(2), Fla. Stat.

To prove the crime of Sexual Battery upon a Person Less Than 12 Years of Age, the State must prove the following three elements beyond a reasonable doubt:

1. (Victim) was less than 12 years of age.
Give 2a, 2b, 2c, or 2d as applicable.
2. a. (Defendant) committed an act [upon] [with] (victim) in which the sexual organ of the [ (defendant) ] [ (victim) ] penetrated or had union with the [anus] [vagina] [mouth] of the [ (victim) ] [ (defendant) ].
b. (Defendant) committed an act [upon] [with] (victim) in which the [anus] [vagina] of [ (victim) ] [ (defendant) ] was penetrated by an object.
c. (Defendant) injured the sexual organ of (victim) in an attempt to commit an act [upon] [with] (victim) in which the sexual organ of the [ (defendant) ] [ (victim) ] would have penetrated or would have had union with the [anus] [vagina] [mouth] of the [ (victim) ] [ (defendant) ].
d. (Defendant) injured the sexual organ of (victim) in an attempt to commit an act upon (victim) in which the [anus] [vagina] of (victim) would be penetrated by an object.
Give 3a or 3b as applicable.
3.a. (Defendant) was 18 years of age or older at the time of the sexual battery.
b. (Defendant) was less than 18 years of age at the time of the sexual battery.
Give if applicable.

However, any act done for bona fide medical purposes is not a sexual battery.

Definition. Give if applicable.

“Union” means contact.

Give if requested. Khianthalat v. State, 974 So.2d 359 (Fla.2008).

Consent of (victim) is not a defense to the crime charged.

Give if requested. § 794-022, Fla. Stat.

(Victim’s) lack of chastity is not a defense to the crime charged.

§ 794.021, Fla. Stat.

Ignorance of (victim’s) age, (victim’s) misrepresentation of his or her age, or a defendant’s bona fide belief of (victim’s) age is not a defense to the crime charged.

dn-the-event-that-m/idUple-perpetrators is-eharged-andproven-give-instruction on enhancement?

§ 794.023, Fla. Stat.

The option■■■ of-the word ‘‘[with] (victim) in-2a — and-2e—is—provided—io-reflect-the manner in which the crime was committed. See Coleman v. State, 484 So.2d 624 (Fla. 1st DCA 1986), at pages 627, 628.

Lesser-Included Offenses

Comment

This instruction was adopted in 1981 and was amended in 1987 [508 So.2d 1221], 1995 [657 So.2d 1152], and 2007, by-adding 3(a)-and-3(b) pursuant to Glover v. State, [ 863 So.2d 236], (Fla.2003) and 2015.

11.2 SEXUAL BATTERY — VICTIM 12 YEARS OF AGE OR OLDER — GREAT FORCE OR DEADLY WEAPON

§ 794.011(3), Fla. Stat.

To prove the crime of Sexual Battery upon a Person 12 Years of Age or Older with the Use of [a Deadly Weapon] [or] [Physical Force Likely to Cause Serious Personal Injury], the State must prove the following four elements beyond a reasonable doubt:

1. (Victim) was 12 years of age or older.
2. a. [(Defendant) committed an act [upon] [with] (victim) in which the sexual organ of the [ (defendant) ] [ (victim) ] penetrated or had union with the [anus] [vagina] [mouth] of the [ (victim) ] [ (defendant) ].]
b. (Defendant) committed an act [upon] [with] (victim) in which the [anus] [vagina] of [ (victim) ] [ (defendant) ] was penetrated by an object.
3. (Defendant) in the process
a. [used or threatened to use a deadly weapon].
b. [used actual physical force likely to cause serious personal injury].
4. The act was done without the consent of (victim).
Definitions.
Give in all cases.

“Consent” means intelligent, knowing, and voluntary consent and does not include coerced submission. Consent does not mean the failure by the alleged victim to offer physical resistance to the offender.

Give if applicable.

Evidence of the victim’s mental incapacity or defect, if any, may be considered in determining whether there was an intelligent, knowing, and voluntary consent.

“Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered to that person without his or her consent, or due to any other act committed upon that person without his or her consent.

“Mentally defective” means that a person suffers from a mental disease or defect that renders that person temporarily or permanently incapable of appraising- the nature of his or her conduct.

“Union” means contact.

Give if 3a alleged.

A weapon is a “deadly weapon” if it is used or threatened to be used in a way likely to produce death or great bodily harm.

Give if 3b alleged.

“Serious personal injury” means great bodily harm or pain, permanent disability, or permanent disfigurement.

Give if applicable.

However, any act done for bona fide medical purposes is not a sexual battery.

Give if requested. § 79j.022, Fla. Stat.

(Victim’s) lack of chastity is not a defense to the crime charged.

In the event that-multiple perpetrators is charged and proven^ give instruction on enhancement. § 79^.023, Fla. Stat.

¥-he-opüon-of the ivord “[with] (victim)” in-2a-is provided to reflect the manner in which — the- - crime was — committed¡—See Coleman v. State, 484 So.2d 624 (Fla. 1st DCA 1986), at pages 627, 628.

Lesser-Included Offenses

Comment

This instruction was adopted in 1981 and was amended in 1987 [508 So.2d 1221], 1995 [657 So.2d 1152], 2003 [850 So.2d 1272], and 2008 [995 So.2d 476], and 2015.

11.3 SEXUAL BATTERY — VICTIM 12 YEARS OF AGE OR OLDER-SPECIFIED CIRCUMSTANCES

§ 794.011(4), Fla. Stat.

To prove the crime of Sexual Battery upon a Person 12 Years of Age or Older under Specified Circumstances, the State must prove the following four elements beyond a reasonable doubt:

1. (Victim) was 12 years of age or older.
2. a. [(Defendant) committed an act [upon] [with] (victim) in which the sexual organ of the [ (defendant) ] [ (victim) ] penetrated or had union with the [anus] [vagina] [mouth] of the [ (victim) ] [ (defendant) ].]
b. (Defendant) committed an act [upon] [with] (victim) in which the [anus] [vagina] of [ (victim) ] [ (defendant) ] was penetrated by an object.
3. a. [ (Victim) was physically helpless to resist.]
b. [ (Defendant) coerced (victim) to submit by threatening to use force or violence likely to cause serious personal injury and (victim) reasonably believed the (defendant) had the present ability to execute the threat.]
c. [ (Defendant) coerced (victim) to submit by threat of retaliation against (victim) or any other person and (victim) reasonably believed that (defendant) had the ability to execute the threat in the future.]
d. [ (Defendant), without prior knowledge or consent of (victim), administered or had knowledge of someone else administering to (victim) a narcotic, anesthetic, or other intoxicating substance that mentally or physically incapacitated (victim).]
e. [ (Victim) was mentally defective and (defendant) had reason to believe this or had actual knowledge of that fact.]
f. [ (Victim) was physically incapacitated.]
g. [ (Defendant) was at the time a[n] (insert official title or position) and was a[n] [certified [law enforcement officer] [correctional officer] [correctional probation officer]] [elected official exempt from certification] [person in a position of control or authority in a probation, community control, controlled release, detention, custodial, or similar setting] and the [officer] [official] [person] was acting in such a manner as to lead (victim) to reasonably believe that (defendant) was in a position of control or authority as an agent or employee of government.]
4. The act was committed without the consent of (victim).
Definitions.
Give in all cases.

“Consent” means intelligent, knowing, and voluntary consent and does not include coerced submission. Consent does not mean the failure by the alleged victim to offer physical resistance to the offender.

Give if applicable.

Evidence of the victim’s mental incapacity or defect, if any, may be considered in determining whether there was an intelligent, knowing, and voluntary consent.

“Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered to that person without his or her consent, or due to any other act committed upon that person without his or her consent.

“Mentally defective” means that a person suffers from a mental disease or defect that renders that person temporarily or permanently incapable of appraising the nature of his or her conduct.

“Union” means contact.

Give if 3a alleged.

“Physically helpless” means that a person is unconscious, asleep, or for any other reason physically unable to communicate unwillingness to act.

Give if 3b alleged.

“Serious personal injury” means great bodily harm or pain, permanent disability, or permanent disfigurement.

Give if 3f alleged.

“Physically incapacitated” means that a person is bodily impaired or handicapped and substantially limited in his or her ability to resist or flee an act.

Give if applicable.

However, any act done for bona fide medical purposes is not a sexual battery.

Give if requested. § 791.022, Fla. Stat.

(Victim’s) lack of chastity is not a defense to the crime charged.

In the event that multiple perpetrators is charged and proven, give instruction cm, enhancement. § 791.023, Fla. Stat.

The option of the-word-“fwith] (victim)’’ in-2a~is-providedto reflect the manner in which.the.-crime was committed. — See Coleman v. State, 484 So.2d 624 (Fla. 1st DCA 1986), at pages 627, 628.

Lesser-Included Offenses

Comments

Element 3g: See s. 943.10(1), (2), (3), (6), (7), (8), (9) for the definition of a law enforcement officer, correctional officer, or correctional probation officer who must be either certified pursuant to s. 943.1395 or an elected officer exempt from certification pursuant to s. 943.253.

This instruction was adopted in 1981 and was amended in 1987 [508 So.2d 1221], 1992 [603 So.2d 1175], 1995 [657 So.2d 1152], 2003 [850 So.2d 1272], and 2008 [995 So.2d 476], and 2015.

11.4 SEXUAL BATTERY — PERSON 12 YEARS OF AGE OR OLDER

§ 794.011(5), Fla. — Stat.

To prove the crime of Sexual Battery upon a Person 12 Years of Age or Older, the State must prove the following three elements beyond a reasonable doubt:

1. (Victim) was 12 years of age or older.
Give 2a or 2b as applicable.
2. a. [ (Defendant) committed an act [upon] [with] (victim) in which the sexual organ of the [ (defendant) ] [ (victim) ] penetrated or had union with the [anus] [vagina] [mouth] of the [ (victim) ] [ (defendant) ].]
b. (Defendant) committed an act [upon] [with] (victim) in which the [anus] [vagina] of [ (victim) ] [ (defendant) ] was penetrated by an object.
3. The act was committed without the consent of (victim).
Definitions
Give in all cases.

“Consent” means intelligent, knowing, and voluntary consent and does not include coerced submission. Consent does not mean the failure by the alleged victim to offer physical resistance to the offender.

Give if applicable.

Evidence of the victim’s mental incapacity or defect, if any, may be considered in determining whether there was an intelligent, knowing, and voluntary consent.

“Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered to that person without his or her consent, or due to any other act committed upon that person without his or her consent.

“Mentally defective” means that a person suffers from a mental disease or defect that renders that person temporarily or permanently incapable of appraising the nature of his or her conduct.

Give if applicable.

“Union” means contact.

Give if applicable.

However, any act done for bona fide medical purposes is not a sexual battery.

Give if requested. § 791.022, Fla. Stat.

(Victim’s) lack of chastity is not a defense to the crime charged.

In the event that multiple perpetrators is charged and proven, give instruction on enhancement. § 79Í.023, Fla. — Stat.

The option oftheioord “[with] (victim) - in 2a is provided-to reflect the manner-in ivhiGhr-tke crivie.ivas committed.— See Coleman v. State, 484 So.2d 624 (Fla. 1st DCA 1986), at pages 627, 628.

Lesser-Included Offenses

Comment

This instruction was adopted in 1981 and was amended in 1987 [508 So.2d 1221], 1995 [657 So.2d 1152], and 2003 [850 So.2d 1272], and 2015.

11.5 SOLICITATION OF CHILD UNDER 18 YEARS OF AGE TO ENGAGE IN AN ACT THAT CONSTITUTES SEXUAL BATTERY BY PERSON IN FAMILIAL OR CUSTODIAL AUTHORITY

§ 794.011(8)(a), Fla. — Stat.

To prove the crime of Solicitation of a Child to Engage in an Act that Constitutes Sexual Battery by a Person in Familial or Custodial Authority, the State must prove the following three elements beyond a reasonable doubt:

1. (Victim) was less than 18 years of age.
2. (Defendant) stood in the position of familial or custodial authority with regard to (victim).
3. (Defendant) [commanded] [encouraged] [hired] [requested] [tried to induce] (victim) to engage in an act which constitutes sexual battery in which:
a. [the sexual organ of the [ (defendant) ] [ (victim) ] would penetrate or have union with the [anus] [vagina] [mouth] of the [ (victim) ] [ (defendant) ]].
b. [the [anus] [vagina] of [(victim) ] [ (defendant) ] would be penetrated by an object].

It is not necessary that a sexual battery actually take place for the crime to be completed.

§ 79⅛.011(8), Fla. Stat.

It is not a defense that (victim) was willing to engage in an act which constitutes sexual battery or consented to engage in such acts.

Give if applicable.

However, any act done for bona fide medical purposes is not a sexual battery.

Definition. Give if applicable.

“Union” means contact.

Give if requested. § 794..022, Fla. Stat.

(Victim’s) lack of chastity is not a defense to the crime charged.

§ 79Í.021, Fla. Stat.

Ignorance of (victim’s) age, (victim’s) misrepresentation of his or her age, or a defendant’s bona fide belief of (victim’s) age is not a defense to the crime charged.

Lesser Included Offenses

No lesser included offenses have been identified for this offense.

Comment

This instruction was adopted in 1987 [508 So.2d 1221] and was amended in 1995 [657 So.2d 1152], and 1997 [697 So.2d 84], and 2015.

11.6 SEXUAL BATTERY UPON CHILD 12 YEARS OF AGE OR OLDER BUT UNDER 18 YEARS OF AGE BY PERSON IN FAMILIAL OR CUSTODIAL AUTHORITY

§ 794.011(8)(b), Fla. Stat.

To prove the crime of Sexual Battery Upon a Child by a Person in a Familial or Custodial Authority, the State must prove the following three elements beyond a reasonable doubt:

1. (Victim) was 12 years of age or older but less than 18 years of age.
2. (Defendant) stood in the position of familial or custodial authority with regard to (victim).
3. (Defendant) committed an act [upon] [with] (victim) in which:
a. [the sexual organ of the [ (defendant) ] [ (victim) ] penetrated or had union with the [anus] [vagina] [mouth] of the [ (victim) ] [ (defendant) ]].
b. [the [anus] [vagina] of [(victim) ] [ (defendant) ] was penetrated by an object].
§ 791011(8), Fla. Stat.

It is not a defense that (victim) was willing to engage in acts which would constitute a sexual battery or consented to engage in such acts.

Give if applicable.

However, any act done for bona fide medical purposes is not a sexual battery.

Definition. Give if applicable.

“Union” means contact.

Give if requested. § 794-022, Fla. Stat.

(Victim’s) lack of chastity is not a defense to the crime charged.

79J/..021, Fla. Stat.

Ignorance of (victim’s) age, (victim’s) misrepresentation of his or her age, or a defendant’s bona fide belief of (victim’s) age is not a defense to the crime charged.

Lesser-Included Offenses

Comment

This instruction was adopted 1987 [508 So.2d 1221] and was amended in 1995 [657 So.2d 1152], 1997 [697 So.2d 84], and 2008 [995 So.2d 476], and 2015.

      . The amendments as reflected in the appendix are to the Criminal Jury Instructions as they appear on the Court’s website at www. floridasupremecourt.org/jury_instructions/ instructions.shtml. We recognize that there may be minor discrepancies between the instructions as they appear on the website and the published versions of the instructions. Any discrepancies as to instructions authorized for publication and use after October 25, 2007, should be resolved by reference to the published opinion of this Court authorizing the instruction.


source: Caselaw Access Project

author: PER CURIAM.

license: Public Domain

text:
    In re STANDARD JURY INSTRUCTIONS IN CIVIL CASES—REPORT NO. 2014-02.
    No. SC14-1348.
    Supreme Court of Florida.
    Jan. 29, 2015.
    Joseph Hagedorn Lang, Jr., Chair, Supreme Court Committee on Standard Jury Instructions in Civil Cases, Carlton Fields Jorden Burt, P.A., Tampa, FL; Rebecca Mercier Vargas, Vice Chair, Supreme Court Committee on Standard Jury Instructions in Civil Cases, Kreusler-Walsh, Compiani & Vargas, P.A., West Palm Beach, FL; Laura Kathleen Whitmore, Subcommittee Chair, Supreme Court Filing Subcommittee, Adams and Reese LLP, Tampa, FL; John F. Harkness, Jr., Executive Director, and Heather Savage Telfer, Bar Staff Liaison, The Florida Bar, Tallahassee, FL, for Petitioner.
   PER CURIAM.

The Supreme Court Committee on Standard Jury Instructions in Civil Cases (Committee) has submitted proposed changes to the standard jury instructions and asks that the Court authorize the amended standard instructions. We have jurisdiction. See art. V, § 2(a), Fla. Const.

The Committee proposes amending jury instructions 201.2 (Introduction of Participants and Their Roles) and 202.4 (Juror Questions). The Committee’s proposals were published in The Florida Bar News and no comments were received. The proposed amendments to the instructions are straightforward and non-controversial. Both proposals are based upon the Court’s amendment to Florida Rule of Civil Procedure 1.431 (Trial Jury). See In Re: Amends, to Fla. Rules of Civ. Pro., 131 So.3d 643 (Fla.2013). As amended, rule 1.431 pertains to communications between the judge or courtroom personnel and jurors. See Fla. R. Civ. Pro. 1.431(i). Instruction 201.2 is given before the jury is sworn, while instruction 202.4 is given after the jury is sworn.

We authorize the amended instructions, as set forth in the appendix to this opinion, for publication and use. 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 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 become effective when this opinion becomes final.

It is so ordered.

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

APPENDIX

201.2 INTRODUCTION OF PARTICIPANTS AND THEIR ROLES

Who are the people here and what do they do?

Judge/Court: I am the Judge. You may hear people occasionally refer to me as “The Court.” That is the formal name for my role. My job is to maintain order and decide how to apply the rules of the law to the trial. I will also explain various rules to you that you will need to know in order to do your job as the jury. It is my job to remain neutral on the issues of this lawsuit.

Parties: A party who files a lawsuit is called the Plaintiff. A party that is sued is called the Defendant.

Attorneys: The attorneys have the job of representing their clients. That means they speak for their client here at the trial. They have taken oaths as attorneys to do their best and to follow the rules for their profession.

Plaintiffs Counsel: The attorney on this side of the courtroom, (introduce by name), represents (client name) and is the person who filed the lawsuit here at the courthouse. [His] [Her] job is to present [his] [her] client’s side of things to you. [He] [She] and [his] [her] client will be referred to most of the time as “the plaintiff.” (Attorney name), will you please introduce who is sitting at the table with you?

[Plaintiff without Counsel: (Introduce claimant by name), on this side of the courtroom, is the person who filed the lawsuit at the courthouse. (Claimant) is not represented by an attorney and will present [his] [her] side of things to you [himself] [herself].

Defendant’s Counsel: The attorney on this side of the courtroom, (introduce by name), represents (client name), the one who has been sued. [His] [Her] job is to present [his] [her] client’s side of things to you. [He] [She] and [his] [her] client will usually be referred to here as “the defendant.” (Attorney name), will you please introduce who is sitting at the table with you?

[Defendant’s Counsel: The attorney on this side of the courtroom, (introduce by name), represents (client name), the one who has been sued. [His] [Her] job is to present [his] [her] client’s side of things to you. [He] [She] and [his] [her] client will usually be referred to here as “the defendant.” [His] [Her] client (defendant uninsured or underinsured motorist carrier) is (claimant’s name) motor vehicle insurance company and provided [him] [her] [uninsured] [underinsured] motorist coverage, which may be available to pay some or all of the damages that may be awarded.]*

*Use the bracketed paragraph above when the case involves an uninsured or underinsured motorist carrier.

[Defendant without Counsel: (Introduce defendant by name), on this side of the courtroom, is the one who has been sued. (Defendant) is not represented by an attorney and will present [his] [her] side of things to you [himself] [herself].

Court Clerk: This person sitting in front of me, (name), is the court clerk. [He] [She] is here to assist me with some of the mechanics of the trial process, including the numbering and collection of the exhibits that are introduced in the course of the trial.

Court Reporter: The person sitting at the stenographic machine, (name), is the court reporter. [His] [Her] job is to keep an accurate legal record of everything we say and do during this trial.

Bailiff: The person over there, (name), is the bailiff. [His] [Her] job is to maintain order and security in the courtroom. The bailiff is also my representative to the jury. Anything you need or any problems that come up for you during the course of the trial should be brought to [him] [her]. However, the bailiff cannot answer any of your questions about the case. Only I can do that.

Jury: Last, but not least, is the jury, which we will begin to select in a few moments from among all of you. The jury’s job will be to decide what the facts are and what the facts mean. Jurors should be as neutral as possible at this point and have no fixed opinion about the lawsuit.

In order to have a fair and lawful trial, there are rules that all jurors must follow. A basic rule is that jurors must decide the case only on the evidence presented in the courtroom. You must not communicate with anyone, including friends and family members, about this case, the people and places involved, or your jury service. You must not disclose your thoughts about this case or ask for advice on how to decide this case.

I want to stress that this rule means you must not use electronic devices or computers to communicate about this case, including tweeting, texting, blogging, e-mailing, posting information on a website or chat room, or any other means at all. Do not send or accept any messages to or from anyone about this case or your jury service.

You must not do any research or look up words, names, [maps], or anything else that may have anything to do with this case. This includes reading newspapers, watching television or using a computer, cell phone, the Internet, any electronic device, or any other means at all, to get information related to this case or the people and places involved in this case. This applies whether you are in the courthouse, at home, or anywhere else.

Many of you may have cell phones, tablets, laptops or other electronic devices with you here in the courtroom.* *

* *The trial judge should select one of the following two alternative instructions explaining the rules governing jurors’ use of electronic devices, as explained in Note on Use 1.

Alternative A: [All cell phones, computers, tablets or other types of electronic devices must be turned off while you are in the courtroom. Turned off means that the phone or other electronic device is actually off and not in a silent or vibrating mode. You may use these devices during recesses, but even then you may not use your cell phone or electronic device to find out any information about the case or communicate with anyone about the case or the people involved in the case. Do not take photographs, video recordings or audio recordings of the proceedings or of your fellow jurors. After each recess, please double check to make sure your cell phone or electronic device is turned off. At the end of the case, while you are deliberating, you must not communicate with anyone outside the jury room. You cannot have in the jury room any cell phones, computers, or other electronic devices. If someone needs to contact you in an emergency, the court can receive messages and deliver them to you without delay. A contact phone number will be provided to you.]

Alternative B: [You cannot have any cell phones, tablets, laptops, or other electronic devices in the courtroom. You may use these devices during recesses, but even then you may not use your cell phone or electronic device to find out any information about the case or communicate with anyone about the case or the people involved in the case. Do not take photographs, video recordings or audio recordings of the proceedings or your fellow jurors. At the end of the case, while you are deliberating, you must not communicate with anyone outside the jury room. If someone needs to contact you in an emergency, the court can receive messages and deliver them to you without delay. A contact phone number will be provided to you.]

What are the reasons for these rules? These rules are imposed because jurors must decide the case without distraction and only on the evidence presented in the courtroom. If you investigate, research, or make inquiries on your own outside of the courtroom, the trial judge has no way to make sure that the information you obtain is proper for the case. The parties likewise have no opportunity to dispute or challenge the accuracy of what you find. That is contrary to our judicial system, which assures every party the right to ask questions about and challenge the evidence being considered against it and to present argument with respect to that evidence. Any independent investigation by a juror unfairly and improperly prevents the parties from having that opportunity our judicial system promises.

Any juror who violates these restrictions jeopardizes the fairness of these proceedings, and a mistrial could result that would require the entire trial process to start over. A mistrial is a tremendous expense and inconvenience to the parties, the court, and the taxpayers. If you violate these rules, you may be held in contempt of court, and face sanctions, such as serving time in jail, paying a fine or both. If you beeome aware of any-violation of-these instructions or any other-instruction I give in this-case, you-must tell me by giving-a note to the bailiff.

All of your communications with courtroom personnel, or me, will be part of the record of these proceedings. That means those communications shall either be made in open court with the court reporter present or, if they are in writing, the writing will be filed with the court clerk. I have instructed the courtroom personnel that any communications you have with them outside of my presence must be reported to me, and I will tell the parties and their attorneys about any communication from you that I believe may be of interest to the parties and their attorneys.

However, you may communicate directly with courtroom personnel about matters concerning your comfort and safety, such as [juror parking] [location of break areas] [how and when to assemble for duty] [dress] [what personal items can be brought into the courthouse or jury room] [list any other types of routine ex parte communications permitted].

If you become aware of any violation of these instructions or any other instruction I give in this case, you must tell me by giving a note to the bailiff.

NOTES ON USE FOR 201.2

1. Florida Rule of Judicial Administration 2.451 directs trial judges to instruct jurors on the use of cell phones and other electronic devices. During the trial, the trial judge may remove the jurors’ cell phones or other electronic devices. The trial judge also has the option to allow the jurors to keep the cell phones and electronic devices during trial until the jurors begin deliberations. Rule 2.451 prohibits jurors from using the cell phones or electronic devices to find out information about the case or to communicate with others about the case. The jurors also cannot use the electronic devices to record, photograph, or videotape the proceedings. In recognition of the discretion rule 2.451 gives trial judges, this instruction provides two alternatives: (A) requiring jurors to turn off electronic devices during court proceedings and removing their cell phones and electronic devices during deliberations; or (B) removing the cell phones and electronic devices during all proceedings and deliberations. These instructions may be modified to fit the practices of a trial judge in a particular courtroom. These instructions are not intended to limit the discretion of the trial court to control the proceedings.

⅛2. The portion of this instruction dealing with communication with others and outside research may be modified to include other specified means of communication or research as technology develops.

3. Fla. R. Civ. P. 1.431(i)(2) requires the court, by pretrial order or statement on the record with opportunity for objection, to set forth the scope of routine, ex parte communications. Rule 1.431(i)(3) mandates an instruction during voir dire regarding the limitations on jurors’ communications with the court and courtroom personnel. The court should make sure that courtroom personnel are also aware of the limitations on their communications with jurors.

⅛4. The introduction of the uninsured/underinsured motorist carrier is required because the plaintiffs are entitled to have the jury know that the joined carrier is the plaintiffs’ uninsured/underinsured carrier. Lamz v. Geico Gen. Ins. Co., 803 So.2d 593 (Fla.2001); Medina v. Peralta, 724 So.2d 1188 (Fla.1999).

202.4 JUROR QUESTIONS

Questions for the court or courtroom personnel:

During the trial, you may have a question about these proceedings. If so, please write it down and hand it to the bailiff, who will then hand it to me. I will review your question with the parties [and their attorneys] before responding.

Questions for witnesses:

During-the- trial, yYou also may have a question you think should be asked of a witness. If so, there is a procedure by whicfaway for you toyou may request that I ask the witness a question. After all the attorneys have completed their questioning of the witness, you should raise your hand if you have a question. I will then give you sufficient time to write the question on a piece of paper, fold it, and give it to the bailiff, who will pass it to me. You mustDo not put your name on the question, show your question-it to anyone or discuss it with anyone.

I will then review the question with the attorneys. Under our law, only certain evidence may be considered by a jury in determining a verdict. You are bound by the same rules of evidence that control the attorneys’ questions. If I decide that the question may not be asked under our rules of evidence, I will tell you. Otherwise, I will direct the question to the witness. The attorneys may then ask follow-up questions if they wish. If there are additional questions from jurors, we will follow the same procedure again.

By providing this procedure, I do not mean to suggest that you must or should submit written questions for witnesses. In most cases, the lawyers will have asked the necessary questions.

NOTES ON USE FOR 202.4

1. Fla. R. Civ. P. 1.431(i)(3) requires an instruction that jurors’ questions must be submitted in writing to the court, which will review them with the parties and counsel before responding. Rule 1.431 does not prevent jurors from asking the bailiff about routine matters affecting comfort and safety. The committee notes to rule 1.431 recognize that this instruction may need to be modified to reflect that individual trial judges may have reasonable differences regarding the type of communications considered routine.

2. Fla. R. Civ. P. 1.452 mandates that jurors be permitted to submit written questions directed to witnesses or the court.