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October 15, 2012
Criminal jury instruction amendments

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

4.4 REQUEST FOR READ-BACK OR TRANSCRIPT OF TESTIMONY

6.3 ATTEMPTED FELONY MURDER [ENUMERATED FELONY] [NON-ENUMERATED FELONY]

6.3(a) ATTEMPTED FELONY MURDER – INJURY CAUSED BY ANOTHER

7.2 MURDER—FIRST DEGREE

7.3 FELONY MURDER — FIRST DEGREE

7.5 FELONY MURDER — SECOND DEGREE

7.6 FELONY MURDER — THIRD DEGREE

13.5 TRESPASS ON SCHOOL PROPERTY WITH A [FIREARM] [WEAPON]

15.1 ROBBERY

15.2 CARJACKING

15.3 HOME-INVASION ROBBERY

15.4 ROBBERY BY SUDDEN SNATCHING

28.9 NO VALID DRIVER’S LICENSE

28.9(a) NO VALID COMMERCIAL DRIVER’S LICENSE

28.10 RESTRICTED LICENSE

28.11 DRIVING WHILE LICENSE SUSPENDED, REVOKED OR CANCELED WITH KNOWLEDGE

28.11(a) DRIVING WHILE LICENSE REVOKED AS A HABITUAL TRAFFIC OFFENDER

28.13 REFUSAL TO SUBMIT TO TESTING

28.83 AGGRAVATED FLEEING OR ELUDING (Leaving a Crash Involving Damage to a Vehicle or Property then Causing Serious Bodily Injury or Death)

28.85 AGGRAVATED FLEEING OR ELUDING (Leaving a Crash Involving Damage to a Vehicle or Property then Causing Injury or Property Damage to Another)

The committee invites all interested persons to comment on the proposals, reproduced in full below. Comments must be received by the committee in both hard copy and electronic format on or before November 15, 2012.

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. In addition, mail a hard copy of your comments 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.


4.4 REQUEST FOR READ-BACK
OR TRANSCRIPT OF TESTIMONY

1. Read-Back granted as requested
Members of the jury, you have asked that the following testimony be read back to you: (describe testimony)
The court reporter will now read the testimony which you have requested.
        OR

        2. Read-Back Deferred
        Members of the jury, I have discussed with the attorneys your request to have certain testimony read back to you. It will take approximately (amount of time) to have the court reporter prepare and read back the requested testimony.
        I now direct you to return to the jury room and discuss your request further. If you are not able to resolve your question about the requested testimony by relying on your collective memory, then you should write down as specific a description as possible of the part of the witness(es)’ testimony which you want to hear again. Make your request for reading back testimony as specific as possible.
          OR
            3. Read-Back Denied
            Members of the jury, you have asked that the following testimony be read back to you: (describe testimony)
            I am not able to grant your request.

        4. Request for transcripts
            Members of the jury, you have asked that transcripts of testimony be provided for you. Transcripts are not available. However, you may request to have testimony read back to you. This request may be granted at the court's discretion. I now direct you to return to the jury room and discuss your request further. If you are not able to resolve your question about the requested testimony by relying on your collective memory, then you may request to have testimony read back to you. If you decide to make such a request, it should be as specific as possible.
        NOTE ON USE

        Any read-back of testimony should take place in open court. Transcripts or tapes of testimony should not be sent back to the jury room.
                            Comment

        See Hazuri v. State, 91 So. 3d 836 (Fla. 2012); State v. Barrow, 91 So. 3d 826 (Fla. 2012).

        This instruction was adopted in 2007 [967 So. 2d 178] and amended in 2013.


        6.3 ATTEMPTED FELONY MURDER
        [ENUMERATED FELONY] [NON-ENUMERATED FELONY]
        § 782.051(1) and (2), Fla. Stat.

        To prove the crime of Attempted Felony Murder, the State must prove the following three elements beyond a reasonable doubt:
            1. (Defendant) [committed] [attempted to commit] a (crime alleged).

            2. While engaged in the [commission] [attempted commission] [escape from the immediate scene] of (crime alleged), the defendant [committed] [aided or abetted] an intentional act that is not an essential element of (crime alleged).

            3. This intentional act could have but did not cause the death of (victim).

            (Crime alleged) is defined by Florida law as (define the crime).
        In order to convict (defendant) of Attempted Felony Murder, it is not necessary for the State to prove that [he] [she] had a premeditated design or intent to kill.

        If the underlying felony or attempted felony is charged as a separate count, read instruction 3.12(d)(Legally Interlocking Counts). Failure to do so may result in an impermissible inconsistent verdict. See, e.g., Brown v. State, 959 So.2d 218 (Fla. 2007).

        § 782.065, Fla. Stat. Enhanced penalty. Give as applicable..
        If you find the defendant guilty of attempted felony murder, you must then determine whether the State has further proven beyond a reasonable doubt that (victim) was a [law enforcement officer] [part-time law enforcement officer] [auxiliary law enforcement officer] [correctional officer] [part-time correctional officer] [auxiliary correctional officer] [correctional probation officer] [part-time correctional probation officer] [auxiliary correctional probation officer] engaged in the lawful performance of a legal duty.
            Definitions for enhanced penalty. § 943.10, Fla. Stat.
        “Law enforcement officer” means any person who is elected, appointed, or employed full time by any municipality or the state or any political subdivision thereof; who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. This definition includes all certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities of full-time law enforcement officers, part-time law enforcement officers, or auxiliary law enforcement officers but does not include support personnel employed by the employing agency.
          “Employing agency” means any agency or unit of government or any municipality or the state or any political subdivision thereof, or any agent thereof, which has constitutional or statutory authority to employ or appoint persons as officers. The term also includes any private entity which has contracted with the state or county for the operation and maintenance of a nonjuvenile detention facility.

          “Correctional officer” means any person who is appointed or employed full time by the state or any political subdivision thereof, or by any private entity which has contracted with the state or county, and whose primary responsibility is the supervision, protection, care, custody, and control, or investigation, of inmates within a correctional institution; however, the term “correctional officer” does not include any secretarial, clerical, or professionally trained personnel.

          “Correctional probation officer” means a person who is employed full time by the state whose primary responsibility is the supervised custody, surveillance, and control of assigned inmates, probationers, parolees, or community controllees within institutions of the Department of Corrections or within the community. The term includes supervisory personnel whose duties include, in whole or in part, the supervision, training, and guidance of correctional probation officers, but excludes management and administrative personnel above, but not including, the probation and parole regional administrator level.

          “Part-time law enforcement officer” means any person employed or appointed less than full time, as defined by an employing agency, with or without compensation, who is vested with authority to bear arms and make arrests and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state.

          “Part-time correctional officer” means any person who is employed or appointed less than full time, as defined by the employing or appointing agency, with or without compensation, whose responsibilities include the supervision, protection, care, custody, and control of inmates within a correctional institution.

          “Auxiliary law enforcement officer” means any person employed or appointed, with or without compensation, who aids or assists a full-time or part-time law enforcement officer and who, while under the direct supervision of a full-time or part-time law enforcement officer, has the authority to arrest and perform law enforcement functions.

          “Auxiliary correctional officer” means any person employed or appointed, with or without compensation, who aids or assists a full-time or part-time correctional officer and who, while under the supervision of a full-time or part-time correctional officer, has the same authority as a full-time or part-time correctional officer for the purpose of providing supervision, protection, care, custody, and control of inmates within a correctional institution or a county or municipal detention facility.

          Lesser Included Offenses

          No lesser included offenses have been identified for this offense.
          6.3 ATTEMPTED FELONY MURDER
          [ENUMERATED FELONY] [NON-ENUMERATED FELONY]
          § 782.051(1) and (2), Fla. Stat.
          CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
          Attempted Manslaughter*782.07, 777.046.6
          Aggravated Battery784.0458.4
          Felony Battery784.0418.5
          Aggravated Assault784.0218.2
          Battery784.038.3
          Assault784.0118.1
          Comment

          Section 782.051(1), Fla. Stat., applies where the defendant is alleged to have committed or attempted to commit a felony enumerated in section 782.04(3). Section 782.051(2), Fla. Stat., applies where the defendant is alleged to have committed or attempted to commit a felony not enumerated in section 782.04(3), Fla. Stat.

          Regarding the enhanced penalty under Fla. Stat. § 782.065, the statute does not specify that it is an element of the offense that the defendant knew or had reason to know that the victim was a law enforcement officer, etc. In Thompson v. State, 695 So. 2d 691 (Fla. 1997), the Supreme Court held that knowledge of the victim’s status is a necessary element of attempted murder of a law enforcement officer, but that was prior to the enactment of Fla. Stat. § 782.065 and was based on a construction of Fla. Stat. § 784.07, which explicitly contains a knowledge requirement. No case has decided whether knowledge of the victim’s status is an element under Fla. Stat. § 782.065.

          *When the committee drafted this proposal, it was unclear whether the crime of Attempted Manslaughter existed in Florida. See Williams v. State, SC10-1458.

          This instruction was adopted in 2007 [962 So. 2d 310] and amended in 2013. See Battle v. State, 911 So. 2d 85 (Fla. 2005).

          6.3(a) ATTEMPTED FELONY MURDER – INJURY
          CAUSED BY ANOTHER
          § 782.051(3) Fla. Stat.

          To prove the crime of Attempted Felony Murder, the State must prove the following two elements beyond a reasonable doubt:
              1. (Defendant) [committed] [attempted to commit] a (crime alleged).

              2. (Victim) was injured during the [commission] [attempted commission]of an escape from the immediate scene of the (crime alleged) by an individual other than the person(s) [committing] [attempting to commit] [escaping from the immediate scene of] the (crime alleged).

          (Crime alleged) is defined by Florida law as (define the crime).

          In order to convict the defendant of attempted felony murder, it is not necessary for the state to prove that the defendant had a premeditated design or intent to kill.

          If the underlying felony or attempted felony is charged as a separate count, read instruction 3.12(d)(Legally Interlocking Counts). Failure to do so may result in an impermissible inconsistent verdict. See, e.g., Brown v. State, 959 So.2d 218 (Fla. 2007).

          § 782.065, Fla. Stat. Enhanced penalty. Give as applicable..
          If you find the defendant guilty of attempted felony murder, you must then determine whether the State has further proven beyond a reasonable doubt that (victim) was a [law enforcement officer] [part-time law enforcement officer] [auxiliary law enforcement officer] [correctional officer] [part-time correctional officer] [auxiliary correctional officer] [correctional probation officer] [part-time correctional probation officer] [auxiliary correctional probation officer] engaged in the lawful performance of a legal duty.
              Definitions for enhanced penalty. § 943.10, Fla. Stat.
          “Law enforcement officer” means any person who is elected, appointed, or employed full time by any municipality or the state or any political subdivision thereof; who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. This definition includes all certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities of full-time law enforcement officers, part-time law enforcement officers, or auxiliary law enforcement officers but does not include support personnel employed by the employing agency.
            “Employing agency” means any agency or unit of government or any municipality or the state or any political subdivision thereof, or any agent thereof, which has constitutional or statutory authority to employ or appoint persons as officers. The term also includes any private entity which has contracted with the state or county for the operation and maintenance of a nonjuvenile detention facility.

            “Correctional officer” means any person who is appointed or employed full time by the state or any political subdivision thereof, or by any private entity which has contracted with the state or county, and whose primary responsibility is the supervision, protection, care, custody, and control, or investigation, of inmates within a correctional institution; however, the term “correctional officer” does not include any secretarial, clerical, or professionally trained personnel.

            “Correctional probation officer” means a person who is employed full time by the state whose primary responsibility is the supervised custody, surveillance, and control of assigned inmates, probationers, parolees, or community controllees within institutions of the Department of Corrections or within the community. The term includes supervisory personnel whose duties include, in whole or in part, the supervision, training, and guidance of correctional probation officers, but excludes management and administrative personnel above, but not including, the probation and parole regional administrator level.

            “Part-time law enforcement officer” means any person employed or appointed less than full time, as defined by an employing agency, with or without compensation, who is vested with authority to bear arms and make arrests and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state.

            “Part-time correctional officer” means any person who is employed or appointed less than full time, as defined by the employing or appointing agency, with or without compensation, whose responsibilities include the supervision, protection, care, custody, and control of inmates within a correctional institution.

            “Auxiliary law enforcement officer” means any person employed or appointed, with or without compensation, who aids or assists a full-time or part-time law enforcement officer and who, while under the direct supervision of a full-time or part-time law enforcement officer, has the authority to arrest and perform law enforcement functions.

            “Auxiliary correctional officer” means any person employed or appointed, with or without compensation, who aids or assists a full-time or part-time correctional officer and who, while under the supervision of a full-time or part-time correctional officer, has the same authority as a full-time or part-time correctional officer for the purpose of providing supervision, protection, care, custody, and control of inmates within a correctional institution or a county or municipal detention facility.
            Lesser Included Offenses

            No lesser included offenses have been identified for this offense.
            6.3(a) ATTEMPTED FELONY MURDER – INJURY CAUSED
            BY ANOTHER § 782.051(3) Fla. Stat.
            CATEGORY ONECATEGORY TWOFLA.STAT.INS. NO.
            None
            Attempted Manslaughter*782.076.6


            Comment

            Section 782.051(3), Fla. Stat., applies only where the defendant was committing or attempting to commit a felony enumerated in section 782.04(3).

            Regarding the enhanced penalty under Fla. Stat. § 782.065, the statute does not specify that it is an element of the offense that the defendant knew or had reason to know that the victim was a law enforcement officer, etc. In Thompson v. State, 695 So. 2d 691 (Fla. 1997), the Supreme Court held that knowledge of the victim’s status is a necessary element of attempted murder of a law enforcement officer, but that was prior to the enactment of Fla. Stat. § 782.065 and was based on a construction of Fla. Stat. § 784.07, which explicitly contains a knowledge requirement. No case has decided whether knowledge of the victim’s status is an element under Fla. Stat. § 782.065.

            *When the committee drafted this proposal, it was unclear whether the crime of Attempted Manslaughter existed. See Williams v. State, SC10-1458.

            This instruction was adopted in 2007 [962 So. 2d 310] and amended in 2013.
            7.2 MURDER—FIRST DEGREE
            § 782.04(1)(a), Fla. Stat.

            When there will be instructions on both premeditated and felony murder, the following explanatory paragraph should be read to the jury.
            There are two ways in which a person may be convicted of first degree murder. One is known as premeditated murder and the other is known as felony murder.

            To prove the crime of First Degree Premeditated Murder, the State must prove the following three elements beyond a reasonable doubt:
                1. (Victim) is dead.
                2. The death was caused by the criminal act of (defendant).
                3. There was a premeditated killing of (victim).

            Definitions.
            An “act” includes a series of related actions arising from and performed pursuant to a single design or purpose.

            “Killing with premeditation” is killing after consciously deciding to do so. The decision must be present in the mind at the time of the killing. The law does not fix the exact period of time that must pass between the formation of the premeditated intent to kill and the killing. The period of time must be long enough to allow reflection by the defendant. The premeditated intent to kill must be formed before the killing.

            The question of premeditation is a question of fact to be determined by you from the evidence. It will be sufficient proof of premeditation if the circumstances of the killing and the conduct of the accused convince you beyond a reasonable doubt of the existence of premeditation at the time of the killing.

            Transferred intent. Give if applicable.
            If a person has a premeditated design to kill one person and in attempting to kill that person actually kills another person, the killing is premeditated.

            § 782.065, Fla. Stat. Enhanced penalty. Give if applicable. .
            If you find the defendant guilty of first degree murder, you must then determine whether the State has further proven beyond a reasonable doubt that (victim) was a [law enforcement officer] [part-time law enforcement officer] [auxiliary law enforcement officer] [correctional officer] [part-time correctional officer] [auxiliary correctional officer] [correctional probation officer] [part-time correctional probation officer] [auxiliary correctional probation officer] engaged in the lawful performance of a legal duty.
                Definitions for enhanced penalty. § 943.10, Fla. Stat.
            “Law enforcement officer” means any person who is elected, appointed, or employed full time by any municipality or the state or any political subdivision thereof; who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. This definition includes all certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities of full-time law enforcement officers, part-time law enforcement officers, or auxiliary law enforcement officers but does not include support personnel employed by the employing agency.
              “Employing agency” means any agency or unit of government or any municipality or the state or any political subdivision thereof, or any agent thereof, which has constitutional or statutory authority to employ or appoint persons as officers. The term also includes any private entity which has contracted with the state or county for the operation and maintenance of a nonjuvenile detention facility.

              “Correctional officer” means any person who is appointed or employed full time by the state or any political subdivision thereof, or by any private entity which has contracted with the state or county, and whose primary responsibility is the supervision, protection, care, custody, and control, or investigation, of inmates within a correctional institution; however, the term “correctional officer” does not include any secretarial, clerical, or professionally trained personnel.

              “Correctional probation officer” means a person who is employed full time by the state whose primary responsibility is the supervised custody, surveillance, and control of assigned inmates, probationers, parolees, or community controllees within institutions of the Department of Corrections or within the community. The term includes supervisory personnel whose duties include, in whole or in part, the supervision, training, and guidance of correctional probation officers, but excludes management and administrative personnel above, but not including, the probation and parole regional administrator level.

              “Part-time law enforcement officer” means any person employed or appointed less than full time, as defined by an employing agency, with or without compensation, who is vested with authority to bear arms and make arrests and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state.

              “Part-time correctional officer” means any person who is employed or appointed less than full time, as defined by the employing or appointing agency, with or without compensation, whose responsibilities include the supervision, protection, care, custody, and control of inmates within a correctional institution.

              “Auxiliary law enforcement officer” means any person employed or appointed, with or without compensation, who aids or assists a full-time or part-time law enforcement officer and who, while under the direct supervision of a full-time or part-time law enforcement officer, has the authority to arrest and perform law enforcement functions.

              “Auxiliary correctional officer” means any person employed or appointed, with or without compensation, who aids or assists a full-time or part-time correctional officer and who, while under the supervision of a full-time or part-time correctional officer, has the same authority as a full-time or part-time correctional officer for the purpose of providing supervision, protection, care, custody, and control of inmates within a correctional institution or a county or municipal detention facility.

              Lesser Included Offenses
              FIRST DEGREE (PREMEDITATED) MURDER — 782.04(1)(a)
              CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
              Second degree (depraved mind) murder782.04(2)7.4
              Manslaughter782.077.7
              Second degree (felony) murder782.04(3)7.5
              Attempted felony murder782.051(1)6.3
              Attempted premeditated murder782.04(1)6.2
              Attempted second degree murder782.04(2) & 777.046.4
              Attempted felony murder782.051(2)6.3
              Third degree (felony) murder782.04(4)7.6
              Vehicular homicide782.0717.9
              Attempted felony murder782.051(3)6.3(a)
              Aggravated assault784.0218.2
              Aggravated battery784.0458.4
              Attempted Manslaughter by Act782.07 & 777.046.6
              Felony Battery784.0418.5
              Aggravated Assault784.0218.2
              Assault784.0118.1
              Battery784.038.3
              Felony battery784.0418.5
              Culpable negligence 784.05(2)8.9
              Culpable negligence784.05(1)8.9
              Assault 784.0118.1
              Attempted second degree murder782.04(2) & 777.046.4
              Attempted voluntary manslaughter782.07 & 777.046.6
              Comment

              Regarding the enhanced penalty under Fla. Stat. § 782.065, the statute does not specify that it is an element of the offense that the defendant knew or had reason to know that the victim was a law enforcement officer, etc. In Thompson v. State, 695 So. 2d 691 (Fla. 1997), the Supreme Court held that knowledge of the victim’s status is a necessary element of attempted murder of a law enforcement officer, but that was prior to the enactment of Fla. Stat. § 782.065 and was based on a construction of Fla. Stat. § 784.07, which explicitly contains a knowledge requirement. No case has decided whether knowledge of the victim’s status is an element under Fla. Stat. § 782.065.

              This instruction was adopted in 1981 and was amended in October 1981, and July 1997, and 2008 [994 So. 2d 1038], and 2013.
              7.3 FELONY MURDER — FIRST DEGREE
              § 782.04(1)(a), Fla. Stat.

              To prove the crime of First Degree Felony Murder, the State must prove the following three elements beyond a reasonable doubt:
                  1. (Victim) is dead.

                    Give 2a, 2b, or 2c as applicable.
                  2. a. [The death occurred as a consequence of and while (defendant) was engaged in the commission of (crime alleged).]
                    b. [The death occurred as a consequence of and while (defendant) was attempting to commit (crime alleged).]

                    c. [The death occurred as a consequence of and while (defendant), or an accomplice, was escaping from the immediate scene of (crime alleged).]
                  Give 3a if defendant actual perpetrator.
                  3. a. [(Defendant) was the person who actually killed (victim).]

                  Give 3b if defendant not actual perpetrator.
                    b. [(Victim) was killed by a person other than (defendant); but both (defendant) and the person who killed (victim) were principals in the commission of (crime alleged).]
              In order to convict of First Degree Felony Murder, it is not necessary for the State to prove that the defendant had a premeditated design or intent to kill.
                  1. Define the crime alleged. If Burglary, also define crime that was the object of burglary.
                  2. If 2b above is given, also define "attempt" (see 5.1).

                  3. If 3b is given, immediately give principal instruction (3.5(a)).

                  4. Since the statute does not require its proof, it is not necessary to define "premeditation."
                  5. If the underlying felony is charged as a separate count, read instruction 3.12(d)(Legally Interlocking Counts). Failure to do so may result in an impermissible inconsistent verdict. See, e.g., Brown v. State, 959 So.2d 218 (Fla. 2007).

              Lesser Included Offenses

              FIRST DEGREE (FELONY) MURDER — 782.04(1)(a)
              CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
              Second degree (depraved mind) murder782.04(2)7.4
              Manslaughter782.077.7
              Second degree (felony) murder782.04(3)7.5
              Third degree (felony) murder782.04(4)7.6
              Aggravated assaultbattery784.021
              784.045
              8.28.4
              Felony battery784.0418.5
              Aggravated batteryassault784.045
              784.021
              8.48.2
              AssaultBattery784.011
              784.03
              8.18.3
              BatteryAssault784.03
              784.011
              8.38.1

              Comment

              This instruction was adopted in 1981 and was amended in 1985, 1992 [603 So. 2d 1175], and 2011 [53 So. 3d 1017], and 2013.

              7.6 FELONY MURDER — THIRD DEGREE
              § 782.04(4), Fla._Stat.

              To prove the crime of Third Degree Felony Murder, the State must prove the following three elements beyond a reasonable doubt:
                  1. (Victim) is dead.
                  Give 2a, 2b, or 2c as applicable.
                  2. a. [The death occurred as a consequence of and while (defendant)
                  was engaged in the commission of (crime alleged).]
                b. [The death occurred as a consequence of and while (defendant)
                was attempting to commit (crime alleged).]
                  c. [The death occurred as a consequence of and while (defendant), or
                  an accomplice, was escaping from the immediate scene of (crime
                  alleged).]

                      Give 3a if defendant actual perpetrator.
                      3. a. [(Defendant) was the person who actually killed (victim).]
                        Give 3b if defendant not actual perpetrator.
                          b. [(Victim) was killed by a person other than (defendant); but both
                          (defendant) and the person who killed (victim) were principals in
                          The commission of (crime alleged).]

                    It is not necessary for the State to prove the killing was perpetrated with a design to effect death.
                        1. Define the crime alleged.

                        2. If 2b above is given, also define "attempt" (see 5.1).

                        3. If 3b is given, immediately give principal instruction (3.5(a)).
                          4. If the underlying felony is charged as a separate count, read instruction 3.12(d)(Legally Interlocking Counts). Failure to do so may result in an impermissible inconsistent verdict. See, e.g., Brown v. State, 959 So.2d 218 (Fla. 2007).
                      § 782.065, Fla. Stat. Enhanced penalty. Give if applicable. .
                      If you find the defendant guilty of third degree felony murder, you must then determine whether the State has further proven beyond a reasonable doubt that (victim) was a [law enforcement officer] [part-time law enforcement officer] [auxiliary law enforcement officer] [correctional officer] [part-time correctional officer] [auxiliary correctional officer] [correctional probation officer] [part-time correctional probation officer] [auxiliary correctional probation officer] engaged in the lawful performance of a legal duty.

                          Definitions. § 943.10, Fla. Stat.
                      “Law enforcement officer” means any person who is elected, appointed, or employed full time by any municipality or the state or any political subdivision thereof; who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. This definition includes all certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities of full-time law enforcement officers, part-time law enforcement officers, or auxiliary law enforcement officers but does not include support personnel employed by the employing agency.
                        “Employing agency” means any agency or unit of government or any municipality or the state or any political subdivision thereof, or any agent thereof, which has constitutional or statutory authority to employ or appoint persons as officers. The term also includes any private entity which has contracted with the state or county for the operation and maintenance of a nonjuvenile detention facility.

                        “Correctional officer” means any person who is appointed or employed full time by the state or any political subdivision thereof, or by any private entity which has contracted with the state or county, and whose primary responsibility is the supervision, protection, care, custody, and control, or investigation, of inmates within a correctional institution; however, the term “correctional officer” does not include any secretarial, clerical, or professionally trained personnel.
                        “Correctional probation officer” means a person who is employed full time by the state whose primary responsibility is the supervised custody, surveillance, and control of assigned inmates, probationers, parolees, or community controllees within institutions of the Department of Corrections or within the community. The term includes supervisory personnel whose duties include, in whole or in part, the supervision, training, and guidance of correctional probation officers, but excludes management and administrative personnel above, but not including, the probation and parole regional administrator level.

                        “Part-time law enforcement officer” means any person employed or appointed less than full time, as defined by an employing agency, with or without compensation, who is vested with authority to bear arms and make arrests and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state.

                        “Part-time correctional officer” means any person who is employed or appointed less than full time, as defined by the employing or appointing agency, with or without compensation, whose responsibilities include the supervision, protection, care, custody, and control of inmates within a correctional institution.

                        “Auxiliary law enforcement officer” means any person employed or appointed, with or without compensation, who aids or assists a full-time or part-time law enforcement officer and who, while under the direct supervision of a full-time or part-time law enforcement officer, has the authority to arrest and perform law enforcement functions.

                        “Auxiliary correctional officer” means any person employed or appointed, with or without compensation, who aids or assists a full-time or part-time correctional officer and who, while under the supervision of a full-time or part-time correctional officer, has the same authority as a full-time or part-time correctional officer for the purpose of providing supervision, protection, care, custody, and control of inmates within a correctional institution or a county or municipal detention facility.
                        Lesser Included Offenses
                        THIRD DEGREE (FELONY) MURDER — 782.04(4)
                        CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
                        None Manslaughter782.077.7
                        Aggravated assault784.0218.2
                        Battery784.038.3
                        Assault784.0118.1
                        Comment

                        Regarding the enhanced penalty under Fla. Stat. § 782.065, the statute does not specify that it is an element of the offense that the defendant knew or had reason to know that the victim was a law enforcement officer, etc. In Thompson v. State, 695 So. 2d 691 (Fla. 1997), the Supreme Court held that knowledge of the victim’s status is a necessary element of attempted murder of a law enforcement officer, but that was prior to the enactment of Fla. Stat. § 782.065 and was based on a construction of Fla. Stat. § 784.07, which explicitly contains a knowledge requirement. No case has decided whether knowledge of the victim’s status is an element under Fla. Stat. § 782.065.

                        This instruction was adopted in 1981 and amended in 1992 [603 So. 2d 1775], and 1994 [639 So. 2d 602], and 2013.


                        13.5 TRESPASS ON SCHOOL PROPERTY WITH A [FIREARM] [WEAPON]

                        § 810.095(1), Fla. Stat.


                        To prove the crime of Trespass on School Property with a [Firearm][Weapon], the State must prove the following three elements beyond a reasonable doubt:
                            1. (Defendant) [entered][remained] on school property.

                        Give 2a, 2b, or 2c as applicable.
                            2. a. (Defendant) did not have any legitimate business on the school
                            property or any other authorization, license, or invitation to enter upon the school property.

                            b. (Defendant) had been authorized, licensed, or invited to enter the school property but then refused to depart when told to do so by [the principal] [the principal’s designee].
                              c. (Defendant) was a student under suspension or expulsion at the
                              time [he] [she] [entered][remained] on the school property.
                            3. At the time (defendant) was on the school property, [he] [she] brought onto or was in possession of a [firearm][weapon].

                        Definitions. Give as applicable.
                        Fla. Stat. § 810.095(2).
                        “School property” means the grounds or facility of any kindergarten, elementary school, middle school, junior high school, secondary school, career center or postsecondary school, whether public or nonpublic.

                        Fla. Stat. § 790.001(13).
                        “Weapon” means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a closed common pocketknife, plastic knife, or blunt-bladed table knife.
                            Give if applicable. Porter v. State, 798 So. 2d 855 (Fla. 5th DCA 2001). However, an open pocketknife could constitute a weapon.
                        R.R. v. State, 826 So. 2d 465 (Fla. 5th DCA 2002); Cook v. Crosby, 914 So. 2d 490 (Fla. 1st DCA 2005).
                        A “deadly weapon” is any instrument which will likely cause death or great bodily harm when used in the ordinary and usual manner contemplated by its design and construction. An object can be a deadly weapon if its sole modern use is to cause great bodily harm. An object not designed for use as a weapon may nonetheless be a deadly weapon if its use, intended use, or threatened use by the defendant was in a manner likely to inflict death or great bodily harm.

                        Fla. Stat. § 790.001(6).
                        “Firearm” means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon, any firearm muffler or firearm silencer; any destructive device; any machine gun. [The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime.] See Fla. Stat. § 790.001(1) for the definition of antique firearm.

                        Fla. Stat. §790.001(3)(b)
                        “Chemical weapon or device” means any weapon of such nature, except a device known as a “self-defense chemical spray.” “Self-defense chemical spray” means a device carried solely for purposes of lawful self-defense that is compact in size, designed to be carried on or about the person, and contains not more than two ounces of chemical.

                        Fla. Stat. § 790.001(4)
                        [“Destructive device” means any bomb, grenade, mine, rocket, missile, pipebomb, or similar device containing an explosive, incendiary, or poison gas and includes any frangible container filled with an explosive, incendiary, explosive gas, or expanding gas, which is designed or so constructed as to explode by such filler and is capable of causing bodily harm or property damage; any combination of parts either designed or intended for use in converting any device into a destructive device and from which a destructive device may be readily assembled; any device declared a destructive device by the Bureau of Alcohol, Tobacco, and Firearms; any type of weapon which will, is designed to, or may readily be converted to expel a projectile by the action of any explosive and which has a barrel with a bore of one-half inch or more in diameter; and ammunition for such destructive devices, but not including shotgun shells or any other ammunition designed for use in a firearm other than a destructive device.

                        “Destructive device” does not include:

                              a. A device which is not designed, redesigned, used, or intended for use as a weapon;
                              b. Any device, although originally designed as a weapon, which is redesigned so that it may be used solely as a signaling, line-throwing, safety, or similar device;
                              c. Any shotgun other than a short-barreled shotgun; or
                              d. Any nonautomatic rifle (other than a short-barreled rifle) generally recognized or particularly suitable for use for the hunting of big game.]
                        Lesser Included Offenses

                        TRESPASS ON SCHOOL PROPERTY WITH A [FIREARM] [WEAPON] — 810.095(1)
                        CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
                        None
                        Attempt777.04(1)5.1
                        Trespass on School Grounds or Facility After Warning By Principal810.097(2)13.5(b)
                        Trespass Upon School Grounds or Facility810.097(1)13.5(a)

                        Comment


                        This comment was adopted in 2013.
                        15.1 ROBBERY
                        § 812.13, Fla. Stat.

                        To prove the crime of Robbery, the State must prove the following four elements beyond a reasonable doubt:
                            1. (Defendant) took the (money or property described in charge) from the person or custody of (person alleged).
                            2. Force, violence, assault, or putting in fear was used in the course of the taking.
                            3. The property taken was of some value.
                            4. The taking was with the intent to permanently or temporarily [deprive (victim) of [his] [her] right to the property or any benefit from it] [appropriate the property of (victim) to [his] [her] own use or to the use of any person not entitled to it].

                        Definitions.
                        Assault. §784.011 Fla. Stat. Give if applicable.
                        An “assault” is an intentional and unlawful threat, either by word or act, to do violence to a victim, when it appears the person making the threat has the ability to carry out the threat, and the act creates in the mind of the victim a well-founded fear that violence is about to take place.

                        Fear. Give if applicable. Smithson v. State, 689 So. 2d 1226 (Fla. 5th DCA 1997).
                        If the circumstances were such as to ordinarily induce fear in the mind of a reasonable person, then the victim may be found to have been in fear, and actual fear on the part of the actual victim need not be shown.

                        In the course of the taking.
                        “In the course of the taking” means that the act occurred prior to, contemporaneous with, or subsequent to the taking of the property and that the act and the taking of the property constitute a continuous series of acts or events.

                        Afterthought. Give if applicable. DeJesus v. State, -- So. 3d-- (Fla. 2nd DCA 2012).
                        If you find that the taking of property occurred as an afterthought to the use of force or violence against (victim), the taking does not constitute robbery but may still constitute theft.

                        Title to property. Give if applicable.
                        In order for a taking of property to be robbery, it is not necessary that the person robbed be the actual owner of the property. It is sufficient if the victim has the custody of the property at the time of the offense.

                        Force. Give if applicable.
                        The taking must be by the use of force or violence or by assault so as to overcome the resistance of the victim, or by putting the victim in fear so that the victim does not resist. The law does not require that the victim of robbery resist to any particular extent or that the victim offer any actual physical resistance if the circumstances are such that the victim is placed in fear of death or great bodily harm if he or she does resist. But unless prevented by fear, there must be some resistance to make the taking one done by force or violence.

                        Victim unconscious. Give if applicable.
                        It is also robbery if a person, with intent to take the property from a victim, administers any substance to another so that the victim becomes unconscious and then takes the property from the person or custody of the victim.

                        Taking. Give if applicable.
                        In order for a taking by force, violence, or putting in fear to be robbery, it is not necessary that the taking be from the person of the victim. It is sufficient if the property taken is under the actual control of the victim so that it cannot be taken without the use of force, violence, or intimidation directed against the victim.

                        Enhanced penalty. Give if applicable.
                        If you find the defendant guilty of the crime of robbery, then you must further determine beyond a reasonable doubt if “in the course of committing the robbery” the defendant carried some kind of weapon. An act is “in the course of committing the robbery” if it occurs in an attempt to commit robbery or in flight after the attempt or commission.
                        With a firearm.
                        If you find that the defendant carried a firearm in the course of committing the robbery, you should find [him] [her] guilty of robbery with a firearm.

                        A “firearm”means any weapon [including a starter gun] which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; [the frame or receiver of any such weapon;][any firearm muffler or firearm silencer;][any destructive device;] [any machine gun]. [The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime. An antique firearm is (insert definition in § 790.001(1), Fla. Stat.)] [A destructive device is (insert definition in § 790.001(4), Fla. Stat.)]

                        With a deadly weapon.
                        If you find that the defendant carried a (deadly weapon described in charge) in the course of committing the robbery and that the (deadly weapon described in charge) was a deadly weapon, you should find [him] [her] guilty of robbery with a deadly weapon.

                        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.

                        With other weapon.
                        If you find that the defendant carried a weapon that was not a [firearm] or a [deadly weapon] in the course of committing the robbery, you should find [him] [her] guilty of robbery with a weapon.

                        A “weapon” is defined to mean any object that could be used to cause death or inflict serious bodily harm.

                        With no firearm or weapon.
                        If you find that the defendant carried no firearm or weapon in the course of committing the robbery, but did commit the robbery, you should find [him] [her] guilty only of robbery.

                        Definitions.
                        A “firearm” is defined as (adapt from § 790.001(6), Fla. Stat., as required by allegations).

                        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.

                        A “weapon” is defined to mean any object that could be used to cause death or inflict serious bodily harm.

                        If applicable, see Instruction 5.1 for Also define “attempt” (see 5.1).

                        Lesser Included Offenses
                        ROBBERY WITH A FIREARM OR DEADLY WEAPON — 812.13(2)(a)
                        CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
                        Robbery with a weapon812.13(2)(b)15.1
                        Robbery812.13(2)(c)15.1
                        Petit theft - second degree812.014(3)(a)14.1
                        Attempt777.04(1)5.1
                        Robbery by sudden snatching with a firearm or deadly weapon812.131(2)(a)15.4
                        Robbery by sudden snatching812.131(2)(b)15.4
                        Grand theft — first degree812.014(2)(a)14.1
                        Grand theft — second degree812.014(2)(b)14.1
                        Grand theft — third degree812.014(2)(c)14.1
                        Petit theft — first degree812.014(2)(e)14.1
                        Battery784.038.3
                        Aggravated battery784.0458.4
                        Assault784.0118.1
                        Aggravated assault784.0218.2
                        Display of firearm790.0710.3 or .4
                        Resisting a merchant812.015(6)14.4
                        ROBBERY WITH A WEAPON — 812.13(2)(b)
                        CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
                        Robbery812.13(2)(c)15.1
                        Petit theft – second degree812.014(3)(a)14.1
                        Attempt777.04(1)5.1
                        Robbery by sudden snatching with a firearm or deadly weapon812.131(2)(a)15.4
                        Robbery by sudden snatching812.131(2)(b)15.4
                        Grand theft — first degree812.014(2)(a)14.1
                        Grand theft — second degree812.014(2)(b)14.1
                        Grand theft — third degree812.014(2)(c)14.1
                        Petit theft – first degree812.014(2)(e)14.1
                        Battery784.038.3
                        Aggravated battery784.0458.4
                        Assault784.0118.1
                        Display of weapon790.07(1)10.3
                        Resisting a merchant812.015(6)14.4

                        ROBBERY — 812.13(2)(c)
                        CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
                        Petit theft –second degree812.014(3)(a)14.1
                        Attempt777.04(1)5.1
                        Robbery By Sudden Snatching812.131(2)(b)15.4
                        Grand theft — third degree812.014(2)(c)14.1
                        Petit theft – first degree812.014(2)(e)14.1
                        Battery784.038.3
                        Assault784.0118.1
                        Aggravated assault784.0218.2
                        Resisting a merchant812.015(6)14.4
                        Comment

                        For the crime of robbery, a jury can convict of two lesser-included offenses such as 1) theft and assault or 2) theft and resisting a merchant in appropriate cases. See Spencer v. State, 71 So. 3d 901 (Fla. 1st DCA 2011) and Stuckey v. State, 972 So. 2d 918 (Fla. 5th DCA 2007).

                        This instruction was adopted in 1981 and amended in 1985 [477 So.2d 985], 1989, [543 So.2d 1205] 1995, [665 So.2d 212], and 2008 [982 So. 2d 1160] and 2013.

                        15.2 CARJACKING
                        § 812.133, Fla. Stat.

                        To prove the crime of Carjacking, the State must prove the following three elements beyond a reasonable doubt:
                            1. (Defendant) took the motor vehicle from the person or custody of (victim).
                            2. Force, violence, assault, or putting in fear was used in the course of the taking.
                            3. The taking was with the intent to temporarily or permanently [deprive (victim) of [his] [her] right to the motor vehicle or any benefit from it] [appropriate the motor vehicle of (victim) to [his] [her] own use or to the use of any person not entitled to it].

                        Definitions.
                        Assault. §784.011 Fla. Stat. Give if applicable.
                        An “assault” is defined as an intentional and unlawful threat, either by word or act, to do violence to a victim, when it appears the person making the threat has the ability to carry out the threat, and the act creates in the mind of the victim a well-founded fear that violence is about to take place.

                        Fear. Give if applicable. Smithson v. State, 689 So. 2d 1226 (Fla. 5th DCA 1997).
                        If the circumstances were such as to ordinarily induce fear in the mind of a reasonable person, then the victim may be found to have been in fear, and actual fear on the part of the actual victim need not be shown.

                        In the course of the taking.
                        “In the course of the taking” means that the act occurred before, during, or after the taking of the motor vehicle and that the act and the taking of the motor vehicle constitute a continuous series of acts or events.

                        Afterthought. Give if applicable. DeJesus v. State, -- So. 3d-- (Fla. 2nd DCA 2012).
                        If you find that the taking of property occurred as an afterthought to the use of force or violence against (victim), the taking does not constitute robbery but may still constitute theft.
                        Title to motor vehicle. Give if applicable.
                        In order for a taking of the motor vehicle to be carjacking, it is not necessary that the victim be the actual owner of the motor vehicle. It is sufficient if the victim has the custody of the motor vehicle at the time of the offense.
                        Force. Give if applicable.
                        The taking must be by the use of force or violence or by assault so as to overcome the resistance of the victim, or by putting the victim in fear so that the victim does not resist. The law does not require that the victim of carjacking resist to any particular extent or that the victim offer any actual physical resistance if the circumstances are such that the victim is placed in fear of death or great bodily harm if he or she does resist. But unless prevented by fear, there must be some resistance to make the taking one done by force or violence.

                        Victim unconscious. Give if applicable.
                        It is also carjacking if a person, with intent to take the motor vehicle from a victim, administers any substance to the victim so that [he] [she] becomes unconscious and then takes the motor vehicle from the person or custody of the victim.

                        Enhanced penalty. Give if applicable.
                        If you find the defendant guilty of the crime of carjacking, then you must further determine beyond a reasonable doubt if “in the course of committing the carjacking” the defendant carried some kind of weapon. An act is “in the course of committing the carjacking” if it occurs in an attempt to commit carjacking or in flight after the attempt or commission.

                        With a firearm or deadly weapon.
                        If you find that the defendant carried a firearm or other deadly weapon in the course of committing the carjacking, you should find [him] [her] guilty of carjacking with a firearm or deadly weapon.

                        A “firearm”means any weapon [including a starter gun] which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; [the frame or receiver of any such weapon;][any firearm muffler or firearm silencer;][any destructive device;] [any machine gun]. [The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime. An antique firearm is (insert definition in § 790.001(1), Fla. Stat.)] [A destructive device is (insert definition in § 790.001(4), Fla. Stat.)]

                        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.

                        With no firearm or weapon.
                        If you find that the defendant carried no firearm or weapon in the course of committing the carjacking, but did commit the carjacking, you should find [him] [her] guilty only of carjacking.

                        The only enhancement under the statute is for carrying a firearm or other deadly weapon, not for carrying a nondeadly weapon as in the robbery statute.

                        Definitions.
                        A “firearm” is defined as (adapt from § 790.001(6), Fla. Stat., as required by allegations).

                        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.

                        If applicable, see Instruction 5.1 for “attempt.”
                        Lesser Included Offenses
                        CARJACKING — 812.133
                        CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
                        Robbery812.13(2)(c)15.1
                        Grand theft- motor vehicle812.014(2)(c)614.1
                        Attempt777.04(1)5.1
                        Battery784.038.3
                        Assault784.0118.1
                        Aggravated assault784.0218.2

                        Comment

                        For the crime of carjacking, it is likely that a jury can convict of two lesser-included offenses such as grand theft auto and assault. See Spencer v. State, 71 So. 3d 901 (Fla. 1st DCA 2011).

                        This instruction was adopted in 1997 [697 So.2d 84] and amended in 2008 [982 So. 2d 1160], and 2013.

                        15.3 HOME-INVASION ROBBERY
                        § 812.135, Fla. Stat.

                        To prove the crime of Home-Invasion Robbery, the State must prove the following three elements beyond a reasonable doubt:
                            1. (Defendant) entered the dwelling of (victim).
                            2. At the time (defendant) entered the dwelling, [he] [she] intended to commit robbery.
                            3. While inside the dwelling, (defendant) did commit robbery.

                        Now define robbery by reading 15.1.
                        A robbery consists of the following:
                            1. (Defendant) took money or property from the person or custody of another.
                            2. Force, violence, assault, or putting in fear was used in the course of the taking.
                            3. The property taken was of some value.
                            4. The taking was with the intent to permanently or temporarily [deprive another of [his] [her] right to the property or any benefit from it] [appropriate the property of another to [his] [her] own use or to the use of any person not entitled to it].

                        Definitions.
                        Assault. §784.011 Fla. Stat. Give if applicable.
                        An “assault” is defined as an intentional and unlawful threat, either by word or act, to do violence to a victim, when it appears the person making the threat has the ability to carry out the threat, and the act creates in the mind of the victim a well-founded fear that violence is about to take place.

                        Fear. Give if applicable. Smithson v. State, 689 So. 2d 1226 (Fla. 5th DCA 1997).
                        If the circumstances were such as to ordinarily induce fear in the mind of a reasonable person, then the victim may be found to have been in fear, and actual fear on the part of the actual victim need not be shown.

                        In the course of the taking.
                        “In the course of the taking” means that the act occurred prior to, contemporaneous with, or subsequent to the taking of the property and that the act and the taking of the property constitute continuous series of acts or events.

                        Afterthought. Give if applicable. DeJesus v. State, -- So. 3d-- (Fla. 2nd DCA 2012).
                        If you find that the taking of property occurred as an afterthought to the use of force or violence against (victim), the taking does not constitute robbery but may still constitute theft.

                        Title to property. Give if applicable.
                        In order for a taking of property to be robbery, it is not necessary that the person robbed be the actual owner of the property. It is sufficient if the victim has the custody of the property at the time of the offense.

                        Force. Give if applicable.
                        The taking must be by the use of force or violence or by assault so as to overcome the resistance of the victim, or by putting the victim in fear so that the victim does not resist. The law does not require that the victim of robbery resist to any particular extent or that the victim offer any actual physical resistance if the circumstances are such that the victim is placed in fear of death or great bodily harm if he or she does resist. But unless prevented by fear, there must be some resistance to make the taking one done by force or violence.

                        Victim unconscious. Give if applicable.
                        It is also robbery if a person, with intent to take the property from a victim, administers any substance to another so that the victim becomes unconscious and then takes the property from the person or custody of the victim.


                        Taking. Give if applicable.
                        In order for a taking by force, violence, or putting in fear to be robbery, it is not necessary that the taking be from the person of the victim. It is sufficient if the property taken is under the actual control of the victim so that it cannot be taken without the use of force, violence, or intimidation directed against the victim.

                        Definition. Jacobs v. State, 41 So. 3d 1004 (Fla. 1st DCA 2010).
                        “Dwelling” means a building [or conveyance] of any kind, including any attached porch, whether such building [or conveyance] is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the enclosed space of ground and outbuildings immediately surrounding it. The enclosure need not be continuous and may have an opening for entering and exiting.

                        Enhanced penalty. Give if applicable.
                        If you find the defendant guilty of the crime of home-invasion robbery, then you must further determine beyond a reasonable doubt if “in the course of committing the home-invasion robbery” the defendant carried some kind of weapon.

                        With a firearm.
                        If you find that the defendant carried a firearm in the course of committing the home-invasion robbery, you should find [him] [her] guilty of home-invasion robbery with a firearm.

                        A “firearm”means any weapon [including a starter gun] which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; [the frame or receiver of any such weapon;][any firearm muffler or firearm silencer;][any destructive device;] [any machine gun]. [The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime. An antique firearm is (insert definition in § 790.001(1), Fla. Stat.)] [A destructive device is (insert definition in § 790.001(4), Fla. Stat.)]

                        With a deadly weapon.
                        If you find that the defendant carried a (deadly weapon described in charge) in the course of committing the home-invasion robbery and that the (deadly weapon described in charge) was a deadly weapon, you should find [him] [her] guilty of home-invasion robbery with a deadly weapon.
                        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.

                        With other weapon.
                        If you find that the defendant carried a weapon that was not a [firearm] or a [deadly weapon] in the course of committing the home-invasion robbery, you should find [him] [her] guilty of home-invasion robbery with a weapon.

                        With no firearm or weapon.
                        If you find that the defendant carried no firearm or weapon in the course of committing the home-invasion robbery, but did commit the home-invasion robbery, you should find [him] [her] guilty only of home-invasion robbery.

                        Definitions.
                        A “firearm” is defined as (adapt from § 790.001(6), Fla. Stat., as required by allegations).

                        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.

                        A “weapon” is defined to mean any object that could be used to cause death or inflict serious bodily harm.

                        If applicable, see Instruction 5.1 for Also define “attempt” (see 5.1).

                        Lesser Included Offenses
                        HOME INVASION ROBBERY — 812.135
                        CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
                        Robbery with a weapon812.13(2)(b)
                        Robbery812.13(2)(c)15.1
                        Burglary810.02(4)13.1
                        Aggravated battery784.0458.4
                        Battery784.038.3
                        Aggravated assault784.0218.2
                        Assault784.0118.1
                        Attempt777.04(1)5.1
                        Burglary810.02(3)13.1
                        Trespass810.0813.3
                        Petit theft812.014(3)(a)14.1
                        Petit theft812.014(2)(e)14.1
                        Comment

                        For the crime of home-invasion robbery, it is likely that a jury can convict of two lesser-included offenses such as theft and assault. See Spencer v. State, 71 So. 3d 901 (Fla. 1st DCA 2011).

                        This instruction was adopted in 1997 [697 So.2d 84] and amended in 2008 [982 So. 2d 1160], and 2013.



                        15.4 ROBBERY BY SUDDEN SNATCHING
                        § 812.131, Fla. Stat.

                        To prove the crime of Robbery by Sudden Snatching, the State must prove the following four elements beyond a reasonable doubt:
                            1. (Defendant) took the (money or property described in charge) from the person of (person alleged).

                        2. The property taken was of some value.
                            3. The taking was with the intent to permanently or temporarily deprive (victim) or the owner of [his] [her] right to the property.
                            4. In the course of the taking, (victim) was or became aware of the taking.

                        In the course of the taking means that the act occurred prior to, contemporaneous with, or subsequent to the taking of the property and that the act and the taking of the property constitute a continuous series of acts or events.

                        Force or resistance.
                        It is not necessary for the State to prove that the defendant used any amount of force beyond that effort necessary to obtain possession of the money or other property, that there was any resistance offered by the victim or that there was any injury to the victims person.

                        Title to property.
                        In order for a taking to be Robbery by Sudden Snatching, it is not necessary that the person robbed be the actual owner of the property. It is sufficient if the victim has possession of the property at the time of the offense.

                        Enhanced penalty. Give if applicable.
                        If you find the defendant guilty of the crime of Robbery by Sudden Snatching, then you must further determine beyond a reasonable doubt if in the course of committing the Robbery by Sudden Snatching the defendant carried some kind of weapon. An act is in the course of committing a Robbery by Sudden Snatching if it occurs in an attempt to commit Robbery by Sudden Snatching or in fleeing after the attempt or commission.
                        With a firearm.
                        If you find that the defendant carried a firearm in the course of committing the Robbery by Sudden Snatching, you should find [him] [her] guilty of Robbery by Sudden Snatching with a firearm.

                        A firearm means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. [The term firearm does not include an antique firearm unless the antique firearm is used in the commission of a crime.] See Section 790.001(1), Fla. Stat., for definition of antique firearm.

                        With a deadly weapon.
                        If you find that the defendant carried a (deadly weapon described in charge) in the course of committing the Robbery by Sudden Snatching, and that the (deadly weapon described in charge) was a deadly weapon, you should find [him] [her] guilty of Robbery by Sudden Snatching with a deadly weapon.

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

                        With no firearm or deadly weapon.
                        If you find that the defendant carried no firearm or deadly weapon in the course of committing the Robbery by Sudden Snatching, but did commit the Robbery by Sudden Snatching, you should find [him] [her] guilty only of Robbery by Sudden Snatching.

                        Definitions.
                        A firearm means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. [The term firearm does not include an antique firearm unless the antique firearm is used in the commission of a crime.]

                        See Section 790.001(1), Fla. Stat., for definition of antique firearm.

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

                        Lesser Included Offenses

                        ROBBERY BY SUDDEN SNATCHING - 812.131
                        CATEGORY ONE
                        CATEGORY TWO
                        FLA. STAT.
                        INS. NO
                        Petit theft - second degree812.014(3)(a)14.1
                        Attempt777.04(1)5.1
                        Grand theft - third degree812.014(2)(c)14.1
                        Petit theft - first degree812.014(2)(e)14.1
                        Battery784.038.3
                        Assault84.0118.1
                        Resisting a merchant812.015(6)14.4
                        Comment

                        This instruction was adopted in 2009 [10 So. 3d 632] and amended in 2013.
                        28.9 NO VALID DRIVER’S LICENSE
                        § 322.03, Fla. Stat.

                        To prove the crime of No Valid Driver’s License, the State must prove the following two elements beyond a reasonable doubt:
                            1. (Defendant) drove a motor vehicle upon a highway in this state.
                            2. At the time, [he] [she] did not have a valid driver’s license recognized by the Department of Highway Safety and Motor Vehicles of the State of Florida.

                        Definitions.
                        § 322.01(15) (16), Fla. Stat.
                        “Drive” means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic.

                        § 322.01(26) (27), Fla. Stat.
                        “Motor vehicle” means any vehicle which is self-propelled, including a “moped,” but not any vehicle moved solely by human power, motorized wheelchair or motorized bicycle.

                        “Valid driver’s license” means a driver’s license recognized by the Department of Highway Safety and Motor Vehicles which has not expired, been suspended, revoked or canceled.

                        § 322.01(38)(39), Fla. Stat.
                        “Street or Highway” means the entire width between the boundary lines of every way or place if any part thereof is open to the use of the public for purposes of vehicular traffic.
                          Optional Definitions.
                          “Expired” means the license was not renewed on or before the expiration date.

                          § 322.01(39)(40), Fla. Stat.
                          “Suspended” means the privilege to drive a motor vehicle has been temporarily withdrawn.

                          § 322.01(35)(36), Fla. Stat.
                          “Revoked” means the privilege to drive a motor vehicle has been terminated.

                          § 322.01(5), Fla. Stat.
                          “Canceled” means that a license has been declared void and terminated.
                            “Actual physical control” of a motor vehicle means the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether [he] [she] is actually operating the vehicle at the time.
                            Lesser Included Offenses

                            No lesser included offenses have been identified for this offense.
                            NO VALID DRIVER’S LICENSE — 322.03
                            CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
                            None
                            Attempt777.04(1)5.1
                            Comment

                            This instruction was adopted in 1981, and amended in 2007 [958 So. 2d 361] and 2013.

                            28.9(a) NO VALID COMMERCIAL DRIVER’S LICENSE
                            § 322.03, Fla. Stat.

                            To prove the crime of No Valid Commercial Driver’s License, the State must prove the following two elements beyond a reasonable doubt:
                                1. (Defendant) drove a commercial motor vehicle upon a highway in this state.

                                2. At the time, the defendant did not have a valid commercial driver’s license issued by the Department of Highway Safety and Motor Vehicles of the State of Florida.

                            Definitions.
                            § 322.01(15)(16), Fla. Stat.
                            “Drive” means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic.

                            § 322.01(26)(27), Fla. Stat.
                            “Motor vehicle” means any vehicle which is self-propelled, including a “moped,” but not any vehicle moved solely by human power, motorized wheelchairs or motorized bicycles.

                            § 322.01(8), Fla. Stat.
                            “Commercial motor vehicle” means any motor vehicle used on the streets or highways, which:

                                a. Has a gross vehicle weight rating of 26,001 pounds or more;

                                b. Is designed to transport more than 15 persons, including the driver, or;

                                c. Is transporting hazardous materials and is required to be placarded in accordance with Title 49 C.F.R. part 172, subpart F.
                            § 322.01(7), Fla. Stat.
                            “Valid commercial driver’s license” means a Class A, Class B, or Class C driver’s license issued by the Department of Highway Safety and Motor Vehicles of the State of Florida which has not expired, been suspended, revoked or canceled.
                            § 322.01(38)(39), Fla. Stat.
                            “Street or Highway” means the entire width between the boundary lines of every way or place if any part thereof is open to the use of the public for purposes of vehicular traffic.

                            Optional Definitions.
                            “Expired” means the license was not renewed on or before the expiration date.

                            § 322.01(39)(40), Fla. Stat.
                            “Suspended” means the privilege to drive a motor vehicle has been temporarily withdrawn.
                              § 322.01(35)(36), Fla. Stat.
                              “Revoked” means the privilege to drive a motor vehicle has been terminated.

                              § 322.01(5), Fla. Stat.
                              “Canceled” means that a license has been declared void and terminated.

                              “Actual physical control” of a vehicle means the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether [he][she] is actually operating the vehicle at the time.
                              Lesser Included Offenses
                              NO VALID COMMERCIAL DRIVERS LICENSE – § 322.03
                              CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
                              No Valid Driver’s License322.0328.9
                              Attempt777.04(1)5.1
                              Comment

                              This instruction was adopted in 2007 [958 So. 2d 361] and amended in 2013.
                              28.10 RESTRICTED LICENSE
                              § 322.16, Fla._Stat.

                              To prove the crime of Operating a Motor Vehicle in Violation of the Restrictions Imposed in a Restricted License, the State must prove the following four elements beyond a reasonable doubt:
                                  1. (Defendant) drove a motor vehicle upon a highway in this state.
                                  2. The license was restricted by the Department of Highway Safety and Motor Vehicles of this state.
                                  3. The restriction was noted upon the license.
                                  4. The defendant operated the motor vehicle in violation of the restriction.

                              Definitions
                              § 322.01(26)(27), Fla.Stat.
                              "Motor vehicle" means any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in § 316.003, Fla.Stat.

                              "Restricted operator's or chauffeur's license" means a license issued by the Department of Highway Safety and Motor Vehicles which is restricted in any manner.

                              § 322.01(38)(39), Fla.Stat.
                              "Highway" means the entire width between the boundary lines of a way or place if any part of that way or place is open to public use for purposes of vehicular traffic.

                              Lesser Included Offenses

                              No lesser included offenses have been identified for this offense.
                              RESTRICTED LICENSE — 322.16
                              CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
                              None
                              Attempt777.04(1)5.1
                              Comment

                              Under §322.16(5), Fla. Stat., violation of a restriction imposed pursuant to § 322.16(1)(c) is a second-degree misdemeanor. Under § 322.16(6), a violation of a restriction imposed pursuant to another subsection is a moving violation. See Ch. 2010-62, § 28, Laws of Fla.

                              This instruction was adopted in 1981 and amended in 2013.
                              28.11 DRIVING WHILE LICENSE SUSPENDED, REVOKED OR CANCELED WITH KNOWLEDGE
                              § 322.34(2), Fla. Stat.

                              To prove the crime of Driving While [License] [Driving Privilege] is [Suspended] [Revoked] [Canceled] the State must prove the following three elements beyond a reasonable doubt:
                                  1. (Defendant) drove a motor vehicle upon a highway in this state.

                                  2. At the time, [[his] [her]] [[license] [driving privilege]] was [suspended] [revoked] [canceled].

                                  3. At the time (defendant) drove a motor vehicle upon a highway in this state, (defendant) knew that [[his] [her]] [[license] [driving privilege]] was [suspended] [revoked] [canceled].
                              Whether (defendant) knew of the [suspension] [revocation] [cancellation] is a question to be determined by you from the evidence.

                              Give as applicable. See § 322.251(1), (2), and § 322.34(2), (3), (4), Fla. Stat.
                              Proof that there exists an entry in the records of the Department of Highway Safety and Motor Vehicles showing that notice of the [suspension] [revocation] [cancellation] was given by personal delivery is proof that such notice was given.

                              Proof that there exists an entry in the records of the Department of Highway Safety and Motor Vehicles showing that notice of the [suspension] [revocation] [cancellation] was deposited in United States mail, first class, postage prepaid, addressed to the licensee at [his][her] last known mailing address furnished to the department, is proof that such notice was sent.

                              If you find that (defendant) had been previously cited for driving while license [suspended] [revoked] [canceled] and [his] [her] license had not been reinstated, you may conclude that (defendant) knew of the [suspension] [revocation] [cancellation].

                              If you find that (defendant) admitted to knowing of the [suspension] [revocation] [cancellation], you may conclude that (defendant) knew of the [suspension] [revocation] [cancellation].

                              If you find that (defendant) had received a traffic citation that contained a provision notifying (defendant) that [his] [her] license had been suspended, revoked, or canceled, you may conclude that (defendant) knew of the [suspension] [revocation] [cancellation].

                              Do not give if the suspension was for failure to pay a traffic fine or for a financial responsibility violation. See § 322.34(2) and § 322.251(1), (2), Fla. Stat.
                              If you find that (defendant) had received a [judgment] [order] rendered by [a court] [an adjudicatory body] which contained a provision notifying (defendant) that [his] [her] license had been [suspended] [revoked] [canceled], you may conclude that (defendant) knew of the [suspension] [revocation] [cancellation].

                              If you find that the records of the Department of Highway Safety and Motor Vehicles include a [judgment] [order] rendered by [a court] [an adjudicatory body] which contains a provision notifying (defendant) that [his] [her] license had been [suspended], [revoked] [canceled], you are permitted to assume that (defendant) knew [his] [her] license was [suspended] [revoked] [canceled]. This presumption, however, is rebuttable, and you may accept or reject the presumption depending upon the circumstances of the crime and the facts presented at trial.

                              Definitions.
                              § 322.01(15), Fla. Stat.
                              “Drive” means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic.

                              § 322.01(26)(27), Fla. Stat.
                              “Motor vehicle” means any vehicle which is self-propelled, including a “moped,” but not any vehicle moved solely by human power, motorized wheelchair or motorized bicycle.

                              § 322.01(38)(39), Fla. Stat.
                              “Street or Highway” means the entire width between the boundary lines of every way or place if any part thereof is open to the use of the public for purposes of vehicular traffic.

                              § 322.251, Fla. Stat.
                              “Notice” means personal delivery or deposit in the United States mail, first class, postage prepaid, addressed to the defendant at [his] [her] last known address furnished to the Department of Highway Safety and Motor Vehicles. Mailing by the department shall constitute notification.

                              Optional Definitions.
                              § 322.01(39)(40), Fla. Stat.
                              “Suspended” means the privilege to drive a motor vehicle has been temporarily withdrawn.

                              § 322.01(35)(36), Fla. Stat.
                              “Revoked” means the privilege to drive a motor vehicle has been terminated.

                              § 322.01(5), Fla. Stat.
                              “Canceled” means that a license has been declared void and terminated.

                              “Actual physical control” of a vehicle means the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether [he][she] is actually operating the vehicle at the time.

                              § 322.251(1), Fla. Stat.
                              Failure by the defendant to receive the mailed order shall not affect or stay the effective date or term of the [cancellation], [suspension], [revocation] of the defendant’s driving privilege.
                              Lesser Included Offenses
                              DRIVING WHILE LICENSE SUSPENDED, REVOKED OR CANCELED, LICENSE WITH KNOWLEDGE ─ § 322.34
                              CATEGORY ONECATEGORY TWOFLA. STATINS. NO.
                              No Valid Driver’s License322.03 28.9
                              Attempt777.04(1)5.1
                              Comment

                              This instruction was adopted in 1981, and amended in 2007 to reflect Laws of Florida 97-300, Section 40, effective October 1, 1997 [958 So. 2d 361] and 2013.


                              28.11(a) DRIVING WHILE LICENSE REVOKED AS A HABITUAL TRAFFIC OFFENDER
                              § 322.34(5), Fla. Stat.

                              To prove the crime of Driving While License Revoked as a Habitual Traffic Offender, the State must prove the following two elements beyond a reasonable doubt:

                              1. (Defendant) drove a motor vehicle upon a highway in this state.
                                  2. At the time, (defendant’s) license was revoked as a habitual traffic offender.

                              Definitions.
                              § 322.01(15)(16), Fla. Stat.
                              “Drive” means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic.

                              § 322.01(26)(27), Fla. Stat.
                              “Motor vehicle” means any vehicle which is self-propelled, including a “moped,” but not any vehicle moved solely by human power, motorized wheelchair or motorized bicycle.

                              § 322.01(38)(39), Fla. Stat.
                              “Street or Highway” means the entire width between the boundary lines of every way or place if any part thereof is open to the use of the public for purposes of vehicular traffic.

                              “Habitual traffic offender” is any person whose record, as maintained by the Department of Highway Safety an Motor Vehicles, shows that [he][she] has been designated a Habitual Traffic Offender, resulting in [his][her] privilege to drive a motor vehicle having been revoked.

                              § 322.01(35)(36), Fla. Stat.
                              “Revoked” means the privilege to drive a motor vehicle has been terminated.



                              Optional Definition.
                              “Actual physical control” of a vehicle means the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether [he][she] is actually operating the vehicle at the time.
                              Lesser Included Offenses
                              DRIVING WHILE LICENSE REVOKED AS A HABITUAL TRAFFIC OFFENDER
                              § 322.34(5)
                              CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
                              No Valid Driver’s License322.0328.9
                              Attempt777.04(1)5.1
                              Comment

                              This instruction was adopted in 2007 [958 So. 2d 361] and amended in 2013.

                              28.13 REFUSAL TO SUBMIT TO TESTING
                              § 316.1939 Fla. Stat.

                              To prove the crime of Refusal to Submit to Testing, the State must prove the following six elements beyond a reasonable doubt:

                              Give 1a and/or 1b as applicable.
                                  1. A law enforcement officer had probable cause to believe (defendant) [drove] [was in actual physical control of] a motor vehicle in this state while
                                      a. under the influence of [an alcoholic beverage][(a chemical substance listed in 877.111 Fla. Stat.)][(a controlled substance listed in Chapter 893)] to the extent (Defendant's) normal faculties were impaired.
                                      b. [his] [her] [breath] [blood] alcohol level was .08 or higher.

                              Give 2a in cases where the defendant was arrested. Give 2b in cases where the defendant appeared for treatment at a hospital, clinic, or other medical facility and the administration of a breath or urine test was impractical or impossible.
                                  2. a. The law enforcement officer arrested (defendant) for Driving uUnder the Influence.
                                      b. The law enforcement officer requested a blood test.
                                  3. (Defendant) was informed that if [he] [she] refused to submit to a [chemical] [physical] test of [his] [her][breath] [blood] [urine], [his] [her] privilege to operate a motor vehicle would be suspended for a period of one year, or, in the case of a second or subsequent refusal, for a period of 18 months.

                                  4. (Defendant) was informed that it is a misdemeanor to refuse to submit to a lawful test of [his] [her] [breath] [blood] [urine], if [his] [her] driving privilege had been previously suspended for a prior refusal to submit to a lawful test of [his] [her] [breath] [blood] [urine].
                                  5. (Defendant), after being so informed, refused to submit to a [chemical] [physical] test of [his] [her] [breath][blood] [urine] when requested to do so by a [law enforcement officer] [correctional officer].

                                  6. (Defendant's) driving privilege had been previously suspended for a prior refusal to submit to a lawful test of [his] [her] [breath] [blood] [urine].

                              Inference.
                              You are permitted to conclude that (defendant's) driving privilege had been previously suspended for a prior refusal to submit to a lawful test of [his][her][[breath][blood][urine] if a record from the Department of Highway Safety and Motor Vehicles shows such a suspension.

                              Definitions.
                              “Motor vehicle” means any self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistive mobility device, swamp buggy, or moped.

                              “Probable cause” exists where the totality of circumstances, from the perspective of the law enforcement officer's knowledge, training and experience, gave the officer reasonable grounds and a fair probability to believe that a crime had been committed.

                              Give if applicable.
                              “Actual physical control” means the defendant must be physically in or on the motor vehicle and have the capability to operate the motor vehicle, regardless of whether [he][she] is actually operating the vehicle at the time.
                              Lesser Included Offenses

                              No lesser included offenses have been identified for this offense.
                              REFUSAL TO SUBMIT TO TESTING — 316.1939
                              CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
                              None
                              Attempt 777.045.1
                              Comment

                              This instruction was adopted in 2007 and 2013.
                              28.83 AGGRAVATED FLEEING OR ELUDING
                              (Leaving a Crash Involving Damage to a Vehicle or Property then Causing
                              Serious Bodily Injury or Death)
                              § 316.1935(4)(b) and § 316.061, Fla. Stat.

                              To prove the crime of Aggravated Fleeing or Eluding, the State must prove the following seven elements beyond a reasonable doubt:
                                  1. (Defendant) was the driver of a vehicle involved in a crash resulting only in damage [to a vehicle] [to property other than a vehicle] which was driven or attended by a person.

                                  2. (Defendant) knew or should have known that [he] [she] was involved in a crash The crash resulted only in damage to a vehicle or other property.

                                  3. (Defendant) knew or should have known of the damage to [the vehicle] [the attended property] The [vehicle] [other property] was [driven] [attended] by [a person] [(name of person)].

                                  4. (Defendant) willfully failed to stop at the scene of the crash or as close to the crash as possible and remain there until [he] [she] had given “identifying information” to the [driver or occupant of the damaged vehicle] [person attending the damaged vehicle or property] [and to any police officer at the scene of the crash or who is investigating the crash.

                                  5. A duly authorized law enforcement officer ordered (defendant) to stop.

                                  6. (Defendant), knowing [he] [she] had been ordered to stop by a law enforcement officer, [willfully refused or failed to stop [his] [her] vehicle in compliance with the order to stop] [and after having stopped in knowing compliance with the order to stop, willfully fled in a vehicle in an attempt to elude the law enforcement officer].

                                  7. As a result of (defendant) fleeing or eluding, [he] she] caused [serious bodily injury to] [the death of] (name of victim).
                                    § 316.061, Fla. Stat.
                                A driver has the legal duty to immediately stop [his] [her] vehicle at the scene of the crash or as close to the scene of the crash as possible and provide “identifying information.”
                                  If the State proves beyond a reasonable doubt that the defendant willfully failed to give any part of the “identifying information,” the State satisfies this element of the offense.
                                      Definitions.
                                      Patterson v. State, 512 So. 2d 1109 (Fla. 1st DCA 1987).
                                  “Willfully” means intentionally, knowingly, and purposely.

                                  Fla. Stat. 316.062(1).
                                  “Identifying information” means the name, address, vehicle registration number, and, if available and requested, the exhibition of the defendant’s license or permit to drive.

                                  Fla. Stat. 316.003(75)
                                  “Vehicle” means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.


                                  Lesser Included Offenses

                                  AGGRAVATED FLEEING OR ELUDING
                                  (Leaving a Crash Involving Damage to a Vehicle or Property then Causing Serious Bodily Injury or Death) —
                                  316.1935(4)(b) and 316.061
                                  CATEGORY ONE
                                  CATEGORY TWO
                                  FLA.STAT.
                                  INS. NO.
                                  Aggravated Fleeing 316.1935(4)(a)28.85
                                  Fleeing to Elude LEO316.1935(1)28.6
                                  Leaving the Scene of a Crash Involving Damage to Vehicle or Property316.06128.4(a)
                                  Fleeing to Elude LEO316.1935(3)(b)28.81
                                  Fleeing to Elude LEO316.1935(3)(a)28.8
                                  Fleeing to Elude LEO316.1935(2)28.7
                                  Reckless Driving316.19228.5
                                  Disobedience to Police or Fire Department Officials316.072(3)
                                  Comments

                                  For the category two lesser included offense of Disobedience to Police, see Koch v. State, 39 So. 3d 464 (Fla. 2d DCA 2010).
                                  This instruction was adopted in 2008 [976 So. 2d 1081] and amended in 2011 [73 So. 3d 136] and 2013.

                                  28.85 AGGRAVATED FLEEING OR ELUDING
                                  (Leaving a Crash Involving Damage to a Vehicle or Property then Causing Injury or Property Damage to Another)
                                  § 316.1935(4)(a) and § 316.061, Fla. Stat.

                                  To prove the crime of Aggravated Fleeing or Eluding, the State must prove the following seven elements beyond a reasonable doubt:
                                      1. (Defendant) was the driver of a vehicle involved in a crash resulting only in damage [to a vehicle] [to property other than a vehicle] which was driven or attended by a person.

                                      2. (Defendant) knew or should have known that [he] [she] was involved in a crash The crash resulted only in damage to a vehicle or other property.

                                      3. (Defendant) knew or should have known of the damage to [the vehicle] [the attended property] The [vehicle] [other property] was [driven] [attended] by [a person] [(name of person)].

                                      4. (Defendant) willfully failed to stop at the scene of the crash or as close to the crash as possible and remain there until [he] [she] had given “identifying information” to the [driver or occupant of the damaged vehicle][person attending the damaged vehicle or property] [and to any police officer at the scene of the crash or who is investigating the crash].

                                      5. A duly authorized law enforcement officer ordered (defendant) to stop.

                                      6. (Defendant), knowing [he] [she] had been ordered to stop by a law enforcement officer, [willfully refused or failed to stop [his] [her] vehicle in compliance with the order to stop] [and after having stopped in knowing compliance with the order to stop, willfully fled in a vehicle in an attempt to elude the law enforcement officer].

                                      7. As a result of (defendant) fleeing or eluding, [he] [she] caused [injury to] [damage to the property of] (name of victim).
                                        § 316.061, Fla. Stat.
                                    A driver has the legal duty to immediately stop [his] [her] vehicle at the scene of the crash or as close to the scene of the crash as possible and provide “identifying information.”
                                      If the State proves beyond a reasonable doubt that the defendant willfully failed to give any part of the “identifying information,” the State satisfies this element of the offense.
                                          Definitions.
                                          Patterson v. State, 512 So. 2d 1109 (Fla. 1st DCA 1987).
                                      “Willfully” means intentionally, knowingly, and purposely.

                                      Fla. Stat. 316.062(1).
                                      “Identifying information” means the name, address, vehicle registration number, and, if available and requested, the exhibition of the defendant’s license or permit to drive.

                                      Fla. Stat. 316.003(75)
                                      “Vehicle” means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.


                                      Lesser Included Offenses

                                      AGGRAVATED FLEEING OR ELUDING
                                      (Leaving A Crash Involving Damage to a Vehicle or Property then Causing Injury or Property Damage to Another) —
                                      316.1935(4)(a) and 316.061
                                      CATEGORY ONE
                                      CATEGORY TWO
                                      FLA.STAT.
                                      INS. NO.
                                      Fleeing to Elude LEO316.1935(1)28.6
                                      Leaving the Scene of a Crash Involving Damage to Vehicle or Property316.06128.4(a)
                                      Fleeing to Elude LEO316.1935(3)(b)28.81
                                      Fleeing to Elude LEO316.1935(3)(a)28.8
                                      Fleeing to Elude LEO316.1935(2)28.7
                                      Reckless Driving316.19228.5
                                      Disobedience to Police or Fire Department Officials316.072(3)
                                      Comments

                                      For the category two lesser included offense of Disobedience to Police, see Koch v. State, 39 So. 3d 464 (Fla. 2d DCA 2010).

                                      This instruction was adopted in 2008 [976 So. 2d 1081] and amended in 2011 [73 So. 3d 136], and 2013.

                                      [Revised: 03-31-2014]