In re Standard Jury Instructions in Criminal Cases

123 So. 3d 54, 38 Fla. L. Weekly Supp. 680, 2013 WL 5381712, 2013 Fla. LEXIS 2067
CourtSupreme Court of Florida
DecidedSeptember 26, 2013
DocketNo. SC12-2296
StatusPublished
Cited by1 cases

This text of 123 So. 3d 54 (In re Standard Jury Instructions in Criminal Cases) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Standard Jury Instructions in Criminal Cases, 123 So. 3d 54, 38 Fla. L. Weekly Supp. 680, 2013 WL 5381712, 2013 Fla. LEXIS 2067 (Fla. 2013).

Opinion

PER CURIAM.

The Supreme Court Committee on Standard Jury Instructions in Criminal Cases 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 new instructions 19.7 (Official Misconduct) and 26.9 (Money Laundering). The Committee published both proposals in The Florida Bar News. Two comments were received pertaining to instruction 26.9.

Having considered the Committee’s report and the comments received by the Committee, we authorize the new instructions for publication and use as follows: instruction 19.7 (Official Misconduct) is authorized with minor modification to the Comment section to the instruction, to in-[55]*55elude a citation to section 838.022(2)(a), Florida Statutes, for the proposition that the term “public servant” does not include a candidate who does not otherwise qualify as a public servant, while instruction 26.9 (Money Laundering) is authorized as proposed.

The new instructions, as set forth in the appendix to this opinion, are authorized for publication and use.1 New language is indicated by underlining. 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.

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

APPENDIX

19.7 OFFICIAL MISCONDUCT

§ 838.022, Fla. Stat.

To prove the crime of Official Misconduct, the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) was a public servant.

2. While a public servant, (defendant) Give as applicable.

a. [falsified] [caused another person to falsify] an [official record] [official document].

b. [concealed] [covered up] [destroyed] [mutilated] [altered] an [official record] [official document] [or caused another person to perform such an act],

c. [obstructed] [delayed] [prevented] the communication of information relating to the commission of a felony that directly involved or affected the public [agency] [entity] served by (defendant).

3.(Defendant) did so with corrupt intent to [obtain a benefit for a person] [cause harm to another].

Definitions.

Fla. Stat. § 838.014.(1).

“Benefit” means gain or advantage or anything regarded by the person to be benefited as a gain or advantage, including the doing of an act beneficial to any person in whose welfare he or she is interested, including any commission, gift, gratuity, property, commercial interest, or any other thing of economic value not authorized by law.

Fla. Stat. § 838.0U(ti.

[56]*56“With corrupt intent” means acting knowingly and dishonestly for a wrongful purpose.

Fla. Stat. § 838.0U(5).

“Harm” means pecuniary or other loss, disadvantage, or injury to the person affected.

Fla. Stat. § 838.014(6).

“Public Servant” means:

a. Any officer or employee of any state, county, municipal or special district agency or entity;

b. Any legislative or judicial officer or employee;

c. Any person, except a witness, who acts as a general or special magistrate, receiver, auditor, arbitrator, umpire, referee, consultant, or hearing officer while performing a governmental function.

Fla. Stat. § 838.022(2)(b).

“Official Record” or “Official Document” includes only public records.

Fla. Stat. § 119.011(12).

“Public Records” means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.

Give if applicable. Fla. Stat. § 775.08(1).

“Felony” means any criminal offense punishable by death or imprisonment in excess of one year.

Lesser Included Offenses

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Comment

Committee Note: A candidate for public office or a person who has been elected but has yet to officially assume the responsibilities of public office does not qualify as a public servant. § 838.022(2)(a), Fla. Stat. (2012).

This instruction was adopted in 2013.

26.9 MONEY LAUNDERING

§ 896.101(3)(a), (3)(b), or (3)(c), Fla. Stat.

Give if Fla. Stat. § 896.101(3)(a) is charged:

To prove the crime of Money Laundering, the State must prove the following four elements beyond a reasonable doubt:

1. (Defendant) [conducted] [attempted to conduct] a financial transaction.

2. The money or property involved in the financial transaction represented the proceeds of (describe the specified unlawful activity listed in Fla. Stat. 895.02 that is alleged in the charging document).

[57]*573. (Defendant) knew the money or property involved in the financial transaction represented the proceeds of some form of unlawful activity.

Give ka and/or jb as applicable.

4. a. (Defendant) did so with the intent to promote the carrying on of (describe the specified unlawful activity listed in Fla. Stat. 895.02 that is alleged in the charging document).

b. (Defendant) knew that the transaction was designed in whole or in part

1. to [conceal] [disguise] the [nature] [location] [source] [ownership] [control] of the proceeds of (describe the specified unlawful activity listed in Fla. Stat. 895.02 that is alleged in the charging document);

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Related

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-06.
260 So. 3d 941 (Supreme Court of Florida, 2018)

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Bluebook (online)
123 So. 3d 54, 38 Fla. L. Weekly Supp. 680, 2013 WL 5381712, 2013 Fla. LEXIS 2067, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-standard-jury-instructions-in-criminal-cases-fla-2013.