Entire Set of Civil Jury Instructions, Word | Entire Set of Civil Jury Instructions, PDF
Revised December 4, 2024
Entire Set of Civil Jury Instructions, Word | Entire Set of Civil Jury Instructions, PDF
Revised December 4, 2024
Qualification Instructions; revised December 4, 2014
NOTE ON USE
These substantive instructions should be followed by the applicable sections from Damages, Substantive Instructions — General, and Closing Instructions (Before Final Argument).
NOTES ON USE
The Committee removed earlier published defamation instructions because portions of them were no longer accurate statements of law. The Committee will consider bringing forth a revised set of instructions in the future. (Deleted November 19, 2021.)
NOTES ON USE
NOTE ON USE
The instructions in this section are based upon F.S. 448.101–105 (Florida’s private-sector whistle-blower provisions). As to the right to trial by jury, see Fox v. City of Pompano Beach, 984 So. 2d 664 (Fla. 4th DCA 2008), and O’Neal v. Fla. A & M University, 989 So. 2d 6 (Fla. 1st DCA 2008) (right to jury trial pursuant to the Whistle-blower Act, F.S. 112.3187-31895); Rodriguez v. Casson-Mark Corp., 2008 WL 2949520 (M.D. Fla. July 28, 2008) (right to jury trial pursuant to the private-sector whistle-blower’s provisions, F.S. 448.101-105).
NOTES ON USE
The instructions in this section are based upon the Florida Civil Rights Act of 1992 (FCRA), which makes it unlawful for an employer to discriminate based upon race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status. F.S. 760.01–760.11.
NOTES ON USE
The instructions in this section are based upon F.S. 112.3187-112.31895 (Florida’s public-sector whistle-blower provisions). As to the right to trial by jury, see Fox v. City of Pompano Beach, 984 So. 2d 664 (Fla. 4th DCA 2008) and O’Neal v. Fla. A&M Univ., 989 So. 2d 6 (Fla. 1st DCA 2008).
NOTES ON USE
The tort of “negligent infliction of emotional distress” is recognized in Florida. Champion v. Gray, 478 So. 2d 17 (Fla. 1985); Zell v. Meek, 665 So. 2d 1048 (Fla. 1995). The boundaries of this cause of action, the persons who may recover, and the relationships that form the basis of recovery will be established by the courts of this state on a case-by-case basis. Champion, at 21–22 (Alderman, J., concurring specially). These instructions should not be given if the plaintiff suffered an impact of any type. See generally Willis v. Gami Golden Glades, LLC, 967 So. 2d 846, 850 (Fla. 2007). The essence of impact is that the “outside force or substance, no matter how large or small, visible or invisible, and no matter that the effects are not immediately deleterious, touch or enter into the plaintiff’s body.” Id. If there was an impact, the jury instructions given would be governed by the principles for the type of tort involved and the resulting damages.
NOTE ON USE
Effective October 1, 1999, F.S. 768.735 changed the common law of punitive damages. These instructions are intended to comply with those statutory provisions. For instructions applicable to causes of action arising prior to October 1, 1999, see Appendix C to this book.
These instructions are intended for use in the majority of punitive damages cases with causes of action arising on or after October 1, 1999. They may not be applicable in cases involving a defendant acting under the influence of drugs or alcohol. See F.S. 768.736 (1999). Likewise, these instructions may not be applicable in cases involving child abuse, abuse of the elderly, or abuse of the developmentally disabled, or any civil action arising under F.S. Chapter 400. See F.S. 768.735 (1999).
Under certain circumstances, an additional instruction may be required regarding the upper limit on the amount of punitive damages. See Wransky v. Dalfo, 801 So.2d 239 (Fla. 4th DCA 2001).
Upon timely motion, a demand for punitive damages and determination of the issues raised by such a demand must be submitted to the jury under the bifurcated procedure established in W.R. Grace & Co. v. Waters, 638 So.2d 502 (Fla. 1994). Instruction 503.1 is intended to comply with the required bifurcated procedure. Absent a timely motion, punitive damage issues will be decided under a non-bifurcated procedure, as provided in 503.2.
The following Model Jury Instructions are included to illustrate the use of Florida Standard Jury Instructions. The hypothetical facts upon which each instruction is based are set forth before the instruction. The committee made arbitrary decisions about various factors involved in each hypothetical case, and the Model Instructions are not intended to be incorporated entirely into a court’s instruction.
The numbers of the instructions used in the examples are indicated within brackets. In instances in which changes have been made to adapt the standard instructions to the circumstances of the hypothetical case, the committee has italicized the instructions.
These Model Instructions are provided only as examples of how the instructions are intended to be used. Revisions in the Model Instructions often lag some time behind revisions in the substantive charges the use of which is illustrated in the Model Instructions. DO NOT, therefore, rely on the Model Instructions for correct wording when preparing instructions. Always refer to the standard instructions and forms provided in Parts I through VIII.
The following Model Verdict forms are included as examples of how issues can be submitted to the jury. They may be changed on a case-by-case basis depending on the rulings and facts in a particular case.
Historically, a general verdict on compensatory damages was considered appropriate, and that is the only form of verdict provided in the Florida Rules of Civil Procedure. See Fla.R.Civ.P. Form 1.986(a). However, with the advent of special verdicts and bifurcation of issues, it is now common for cases to be submitted to the jury with a special verdict. The committee has therefore drafted the following special verdict forms. None of the following are complete verdicts and in some instances more than one of these forms might apply.
Form of verdict itemizing damages introductory comment
Appendix B Form 1. Model form of verdict for general negligence with apportionment of fault
Appendix B Form 1.5. Model form of verdict for general negligence with apportionment of fault — Cases Applying Section 9, Chapter 2023-15; adopted Dec. 4, 2024
Appendix B Form 2. Damages — Introductory Comment
Appendix B Form 2(a). Model form of verdict for personal injury damages
Appendix B Form 2(b). Model form of verdict for wrongful death damages
Appendix B Form 3(a). Model form of verdict for bifurcated punitive damage cases
Appendix B Form 3(b). Model form of verdict for non-bifurcated punitive damage cases
Appendix B Form 4. Model form of verdict for statute of limitations defense in a medical negligence case
Appendix B Form 5(a). Model form of verdict for emergency medical treatment; no issue as to the applicability of F.S. 768.13(2)(b)
Appendix B Form 5(b). Model form of verdict for emergency medical treatment; issue as to the applicability of F.S. 768.13(2)(b); no issue as to comparative negligence
Appendix B Form 5(c). Model form of verdict for emergency medical treatment; issues as to both applicability of F.S. 768.13(2)(b) and comparative negligence
Appendix B Form 6. Model form of verdict for personal injury protection insurance benefits (PIP) (medical benefits only)
Appendix C – Punitive Damage Instructions for causes of action arising prior to October 1, 1999. Revised March 2, 2023
Appendix E – 402.16. 402.16 Emergency Medical Treatment Claims Instructions for Causes of Action Arising Prior to September 15, 2003
Appendix E – 402.16(a). Emergency Medical Treatment—Jury Issue As To Application Of F.S. 768.13(2)(b)
Appendix E – 402.16(b). Emergency Medical Treatment