In re Standard Jury Instructions in Criminal Cases—Report No. 2012-02

113 So. 3d 754, 2013 Fla. LEXIS 1938, 2013 WL 1908384
CourtSupreme Court of Florida
DecidedMay 9, 2013
DocketNo. SC12-1103
StatusPublished
Cited by5 cases

This text of 113 So. 3d 754 (In re Standard Jury Instructions in Criminal Cases—Report No. 2012-02) 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—Report No. 2012-02, 113 So. 3d 754, 2013 Fla. LEXIS 1938, 2013 WL 1908384 (Fla. 2013).

Opinion

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 authorize the amended standard instructions. We have jurisdiction. See art. V, § 2(a), Fla. Const.

In In re Standard Jury Instructions in Criminal Cases — Report 2011-04., 85 So.3d 1090 (Fla.2012), the Court authorized for publication and use amendments to the criminal jury instructions pertaining to the offenses of failure to register by sexual offenders (instructions 11.14 and 11.14(a)-(h)) and to the criminal jury instructions pertaining to the offenses of failure to register by sexual predators (instructions 11.15(a)-(J)). At that time, the Court rejected the Committee’s proposal 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. The Court also rejected the Committee’s proposal to remove language from instructions 11.14(h) and 11.15(Z) defining “physical residential address.”

At the Court’s direction, the Committee has submitted new proposals, and now requests that the Court amend instructions 11.14, 11.14(g), 11.14(h), 11.15(b), 11.15(i), 11.15(k), and 11.15(0- The amendments, with respect to the portion of the instructions pertaining to an alleged failure to provide a “physical residential address,” clarify that a post office box shall not be provided in lieu of a physical address. In the definitional instructions, the amendments clarify that a “physical residential address” may be a location that has no specific street address. These amendments are consistent with the relevant portions of section 943.0435, Florida Statutes (2012) (Sexual offenders required to register with the department; penalty), and section 775.21, Florida Statutes (2012) (The Florida Sexual Predators Act).

The revised instructions, as set forth in the appendix to this opinion, are authorized for publication and use.1 New lan[755]*755guage is indicated by underlining. 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.

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

APPENDIX

11.14 FAILURE TO REGISTER AS A SEXUAL OFFENDER

(Initially Register)

§ 94S.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 la or lb 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, 8)2 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] [maintained] a permanent, 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, 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 reg[756]*756istration 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. A post office box shall not be provided in lieu of a physi-

cal residential address.

Definitions. See instruction ll.llp(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 [983 So.2d 531] and revised in 2012 and 2013.

11.14(g) FAILURE TO REGISTER AS A SEXUAL OFFENDER

(Failure to Report Twice a Year/Failure to Report Quarterly)

§ 943.0435(14)(a) or (b), Fla. Stat.

Give this statement if the charge is failure to report twice a year during the sexual offender’s birthday month and six months later pursuant to § 9J¡.S.0i35(W(a), or, for certain specified violators, failure to report during the sexual offender’s birthday month and every third month thereafter pursuant to § 943M35(U)(b).

To prove the crime of Failure to Report [Twice a Year][Quarterly] as a Sexual Offender, the State must prove the following three elements beyond a reasonable doubt:

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, 812 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] [maintained] a permanent, temporary, or transient residence in (name of county) County, Florida.

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

a. knowingly failed to reregister by reporting in person during [his][her] birthday month in (year) to an office of the sheriff in the county in which [he][she] resides or is otherwise located.

b.

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