Supreme Court of Florida

In Re: Standard Jury Instructions in Criminal Cases - Report 2017-02

October 26, 2017229 So. 3d 295

Summary

The court authorized publication and use of amended criminal jury instructions 23.1 through 23.7 concerning prostitution-related offenses. The amendments remove references to a repealed statutory provision, add or revise definitions and offense elements, and provide for a jury determination concerning a massage-establishment reclassification. The court adhered to its prior determination that whether prior violations are elements or recidivist factors should not be resolved in a jury-instruction proceeding. The opinion also cautioned that authorization does not express a view on the instructions' legal correctness.