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January 15, 2013
Dangerous sexual felony offender jury amendments

The Supreme Court Committee on Standard Jury Instructions in Criminal Cases (Committee) has submitted to the Florida Supreme Court a report proposing revisions to Instruction 11.16(a) – Dangerous Sexual Felony Offender.

The Court invites all interested persons to comment on the Committee’s proposals, which are reproduced in full below, as well as online at http://www.floridasupremecourt.org/decisions/proposed.shtml. An original and nine paper copies of all comments must be filed with the Court on or before February 14, 2013, with a certificate of service verifying that a copy has been served on the Committee Chair, The Honorable Jacqueline Hogan Scola, c/o Bart Schneider, Office of the General Counsel, 500 S. Duval Street, Tallahassee, Florida 32399-1925, schneidb@flcourts.org, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. The Committee Chair has until March 7, 2013, to file a response to any comments filed with the Court. Electronic copies of all comments also must be filed in accordance with the Court's administrative order In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004).

IN THE SUPREME COURT OF FLORIDA

IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES – INSTRUCTION 11.16(A), CASE NO. SC12-2248

11.16(a) DANGEROUS SEXUAL FELONY OFFENDER
§ 794.0115, Fla. Stat.

(For crimes committed on or after July 1, 2003.)
(For use when defendant has been found guilty of s. 794.0115(2)(d) or (e), Fla. Stat.).

Having found (defendant) guilty of (felony, as identified by section 794.0115(2), Fla. Stat., that defendant has been found guilty of committing) you must now determine whether the State has proven beyond a reasonable doubt whether (defendant):
        1. (Defendant) was 18 years of age or older at the time of the commission of the offense
and

Give 2a or 2b as applicable.
        2. (Defendant)
                a. committed the offense while under the jurisdiction of a court for a felony offense under the laws of this state, for an offense that is a felony in another jurisdiction, or for an offense that would be a felony if that offense were committed in this state.

                b. had been convicted of (felony, as identified by section 794.0115(2)(e), Fla. Stat.) and the date of the offense in the prior conviction was before the commission of this offense.

Comment

This instruction was adopted in 2008 [980 So. 2d 1054] and 2013.

[Revised: 03-25-2014]