IN THE SUPREME COURT OF FLORIDA

In the matter of Standard Jury Committee Report 2010-01(Civil)
Instructions (Civil) and (Criminal), Committee Report 2010-01
(Criminal)

Juror’s Use of Electronic Devices
_________________________________/

JOINT REPORT (NO. 2010-01 and NO. 2010-01) OF THE
COMMITTEES ON STANDARD
JURY INSTRUCTIONS (CIVIL) AND (CRIMINAL)


The Honorable Lisa T. Munyon
Florida Bar Number 513083
Committee Chair,
Supreme Court Committee on Standard
Jury Instructions (Criminal)
Ninth Judicial Circuit
425 N. Orange Ave., Room 1130
Orlando, Florida 32801
(407) 836-2470
(407) 835-5133 (fax)

Honorable James M. Barton, II
Florida Bar Number 189239
Committee Vice-Chair,
Supreme Court Committee on Standard
Jury Instructions (Civil)
Hillsborough County Courthouse Annex
800 East Twiggs, Room 512
Tampa, Florida 33602
(813) 272-6994
(813) 276-2725 (fax)


(continued on following page)


Tracy Raffles Gunn
Florida Bar Number 984371
Committee Chair,
Supreme Court Committee on
Standard Jury Instructions (Civil)
Gunn Appellate Practice
777 S. Harbour Island Blvd. Suite 770
Tampa, Florida 33602
(813) 254-3183
(813) 254-3258 (fax)

Joseph H. Lang, Jr.
Florida Bar Number 059404
Subcommittee Chair,
Filing Subcommittee
Supreme Court Committee on Standard
Jury Instructions (Civil)
Carlton Fields P.A.
4221 W. Boy Scout Blvd.
Tampa, Florida 33607
(813) 229-4253
(813) 229-4133 (fax)



Found at www.fIoridaIegaIbIog.org

ii

Joseph L. Amos, Jr.
Florida Bar Number 856230
Subcommittee Co-Chair,
Juror Conduct Subcommittee
Supreme Court Committee on Standard
Jury Instructions (Civil)
Fisher, Rushmer, Werrenrath, Dickson,
Talley & Dunlap, P.A.
P.O. Box 712
Orlando, Florida 32802-0712
(407) 535-4868
(407) 535-4795 (fax)




Rebecca Mercier Vargas
Florida Bar Number 0150037
Subcommittee Co-Chair,
Juror Conduct Civil Subcommittee
Supreme Court Committee on Standard
Jury Instructions (Civil)
Kreusler-Walsh, Compiani &
Vargas, P.A.
501 South Flagler Drive, Suite 503
West Palm Beach, FL 33401
(561) 659-5455
(561) 820-8762 (fax)


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To the Chief Justice and Justices of
the Supreme Court of Florida:


The Committee on Standard Jury Instructions in Civil Cases and the
Committee on Standard Jury Instructions in Criminal Cases jointly request that this
Court approve for publication and use a new qualifications instruction to be given
to all prospective jurors in civil and criminal cases, as set forth in Appendix A.
The Committees also request the Court to approve for publication and use new or
revised Florida Standard Jury Instructions (Civil) and (Criminal) for Preliminary
Instructions and Closing Instructions, as set forth below, and as set forth in
Appendices B (Civil), and C (Criminal). This Report is filed pursuant to article V,
section 2(a), of the Florida Constitution.

I. INTRODUCTION
On August 26, 2009, Justice R. Fred Lewis wrote letters requesting that the
Florida Supreme Court Committees for Standard Jury Instructions in Civil and
Criminal Cases consider “the problem of jurors engaging in electronic
communications, research or the use of technology by jurors during a pending
case.”
1

1
These letters are included in Appendix H at pages H1-H2.
These letters explained that the Michigan Supreme Court had recently
approved a rule banning jurors from using electronic devices during trial and

2
adopted a specific jury instruction on this issue. In the letters, Justice Lewis asked
the Civil and Criminal Committees to “jointly propose a uniform approach along
with uniform jury instructions to be used in all cases,” in a report filed by January
11, 2010.

Before receiving Justice Lewis’s letter, the Civil Committee had already
begun considering this issue during its July 2009 meeting. The Civil Committee
discussed articles in the New York Times and Daily Business Review on the
growing problem of jurors performing Internet research during a case. Many
jurors have cell phones or laptops with Internet access, giving them the immediate
ability to perform outside research. These electronic devices also make it much
easier for jurors to communicate with the outside world about the case. In
addition, the electronic devices increase the risk of distracted jurors during trial.
The Civil Committee formed a subcommittee to consider amending the standard
instructions to respond to this growing concern.

The Criminal Committee first became aware of the issue as early as March
18, 2009. Circuit Court Judge Terry David Terrell wrote to staff for the committee
on that date and referenced the New York Times article written by John Schwartz.
Judge Terrell also furnished staff with a proposed amendment to standard jury

3
instruction 2.1. This proposal was added to the agenda for the next scheduled
meeting.

A. Current Civil Instructions Addressing Issue
In the civil instructions, this issue is currently addressed in preliminary
instruction 1.1. Civil instruction 1.1 is given after voir dire is completed and jurors
are sworn. The paragraph in current civil instruction 1.1 titled “Consider Only the
Evidence” tells jurors not to do any homework or investigation, including Internet
research.

In addition, the civil committee has a pending proposal to amend the
standard closing instruction 7.2 to address this issue. The Civil Committee has
previously submitted a proposal for reorganization of the Standard Jury
Instructions in Civil Cases, which includes a renumbering of the instructions. The
“book reorganization” proposal was filed as this Committee’s report number 09-01
(pending case number SC09-284).

In a separate report number SC09-02 (pending case number SC09-296), the
Civil Committee asked this Court to make a substantial, plain English revision to
closing instruction 7.2. Closing instruction 7.2 will be renumbered instruction 700

4
in the reorganized book. If adopted by this Court, the pending amendment to
instruction 7.2/700 will add a paragraph directing jurors not to do any research
about the case, including research on the Internet. The pending amendment also
instructs jurors not to communicate with others about the case during their
deliberations. For this reason, the Civil Committee considered whether the
pending amendment to closing instruction 700 needed additional revisions to fully
address these issues.

B. Current Criminal Instructions Addressing Issue
The current standard criminal instructions do not address the issue of jurors
using electronic devices or performing internet research. Standard jury instruction
2.1 only advises the jurors that they must not conduct their own investigation.

II. PROCEDURAL INFORMATION REGARDING THIS PROPOSAL
The Civil and Criminal Committees both formed subcommittees to consider
this issue.
2

2
Joseph Amos chaired the Civil Subcommittee, composed of retired 10th
Circuit Court Judge Ralph Artigliere, Duval County Court Judge Tyrie Boyer,
Fifteenth Judicial Circuit Judge Lucy Brown, Dick Caldwell, Allan Campo, Dade
County Court Judge Wendell Graham, Rebecca Mercier Vargas, and Alan Wagner.
Bart Schneider, Assistant State Attorney, 7
th
Judicial Circuit, chaired the Criminal
Subcommittee, which consisted of Mr. Blaise Trettis, the Executive Assistant
Public Defender, 18
th
Judicial Circuit, and Mr. Frank Migliore, Assistant State
The Civil and Criminal Subcommittees agreed to work jointly on this

5
project with the goal of drafting core language that can be used in both the civil
and criminal instructions. Both subcommittees agreed that a uniform approach is
needed for several reasons. There is no substantive reason to use different
language to address this issue in the civil or criminal context. The instructions
must be consistent because many potential jurors are called to both civil and
criminal panels. In addition, using similar language will assist judges who try both
civil and criminal cases.

The Civil and Criminal Subcommittees met jointly several times by phone
and e-mail. The subcommittees considered several articles on the subject,
including: (1) an article written by retired Tenth Circuit Judge Ralph Artigliere,
Thirteenth Circuit Judge James Barton and Bill Hahn, Reining in Juror
Misconduct: Practical Suggestions for Judges and Lawyers, scheduled for
publication in the December issue of the Florida Bar Journal; (2) James A.
Edwards, Jurors Who Tweet, Blog & Surf—Deciding and Discussing Your Case, a
speech presented at a FLABOTA meeting; (3) several articles regarding mistrials
around the country caused by jurors using the Internet or Twitter to communicate
about the case or perform research about the case, published in the New York
Times, the ABA Section on Litigation website, and the South Florida Business

Attorney, 6
th
Judicial Circuit.

6
Journal; (4) articles in the Daily Business Review about a mistrial in Miami-Dade
County caused by a party’s corporate officers exchanging text messages about
testimony while one was on the witness stand; and (5) an article in the Naples
Daily News about a new trial ordered in a medical malpractice case after a juror
read newspaper articles about the case. These articles are included in attached
Appendix D.

Almost all of these articles expressed concern that existing standard
instructions do not do enough to tell jurors that they cannot perform independent
Internet research or use electronic devices to communicate about the case. Many
individuals called for jury service, especially younger jurors, have grown up with
the Internet. These potential jurors may consider constant communication through
cell phones, Blackberries, and other devices to be a normal part of everyday life.
For example, jurors in other states have caused problems by twittering about the
trial and posting messages about the trial on social networking websites like
Facebook or MySpace. Some jurors have even used these methods to describe the
case to others and ask for advice on how to decide the case.

The Joint Subcommittee also considered the instructions used in several

7
other states to address these issues: Michigan,
3

3
The Committees considered an order of the Michigan Supreme Court
adopting a procedural rule that jurors should be instructed regarding the use of
electronic devices (Appendix E3-E4). Since then, Michigan has adopted a specific
jury instruction on this issue, which is included in the Appendix for the Court’s
consideration (Appendix E5-E7).
California, Connecticut (criminal),
the Northern District of Iowa and a proposed instruction from New York. These
instructions are included in attached Appendix E. In addition, the Joint
Subcommittee considered an instruction drafted by Ninth Circuit Judge John Kest,
which was printed in James A. Edwards’ FLABOTA speech, included in attached
Appendix D.

The Joint Subcommittee recommended that jurors should be instructed on
this issue at multiple times during a juror’s service. When jurors first arrive at the
courthouse and gather in a juror assembly room, they should be told that they
cannot perform outside research using the Internet or use electronic devices to
communicate about the case. In many circuits, potential jurors who are still
waiting to be called to a courtroom have Internet access and cell phones. After
jurors enter a courtroom to begin voir dire, these instructions should be repeated at
three different stages: (1) before voir dire begins; (2) after voir ends and the jury is
sworn; and (3) during the closing instruction. The instructions at each of these
three stages should use slightly different language.

8

The Joint Subcommittee then appointed a drafting subcommittee. The
drafting group started with the existing civil preliminary and closing instructions
and revised them to tell jurors: (1) not to research on the Internet about the case;
and (2) not to use cell phones, electronic devices or the Internet to communicate
about the case.

After the drafting subcommittee circulated proposed preliminary and closing
instructions, some of the representatives from the criminal subcommittee expressed
concern that the language was too lengthy. The Joint Subcommittee met by phone
and made additional revisions to the draft instructions. Most of the other states that
have considered this issue give jurors a detailed list of the types of prohibited
activities. The majority of the joint subcommittee supported the proposed
instructions submitted by the drafting subcommittee.

After this meeting, the members of the Criminal Subcommittee circulated
“long” and “short” versions of the draft instructions to the full Criminal
Committee. The full Criminal Committee overwhelmingly preferred the “longer”
version of the instruction supported by the majority of the Joint Subcommittee.


9
Following this vote of the Criminal Committee, the Joint Subcommittee met
again by phone and e-mail. The Joint Subcommittee made substantial revisions to
the draft instructions. The Joint Subcommittee agreed to core language to be given
at each of the three stages, which would be inserted in existing civil and criminal
instructions.

At a meeting on October 15-16, 2009, the Civil Committee extensively
discussed the draft instructions proposed by the joint subcommittee. One member
of the Criminal Committee, Bart Schneider, attended the Civil Committee meeting
and participated in this discussion. Following a lively and comprehensive
discussion, the Civil Committee substantially revised the proposed amendments.
After the meeting, the Civil Committee circulated a final version of the proposed
instructions and made minor modifications. The Civil Committee recommends
amending: (1) the preliminary instruction given before jurors are sworn (currently
instruction 1.0, which will be renumbered instruction 201.2 in the reorganized jury
instruction book); (2) the preliminary instruction given after jurors are sworn
(currently instruction 1.1, which will be renumbered instruction 202.2 in the
reorganized jury instruction book); and (3) the closing instruction (currently
instruction 7.2, which will be renumbered instruction 700 in the reorganized book).
The Civil Committee also proposes that standard language be given to prospective

10
jurors during the qualifications stage, before a juror is sent to a specific courtroom.
Excerpts from the Civil Committee’s meeting minutes are attached at Appendix F.

The Criminal Committee then met on December 11, 2009. Two members of
the Civil Committee attended the meeting of the Criminal Committee: Joseph
Amos and Dick Caldwell. The excerpted minutes of the meeting that address
electronic communications by jurors are attached at Appendix G.

The Criminal Committee voted unanimously that prospective jurors be given
an instruction during the qualifications stage, before jurors are sent to a courtroom.
The Criminal Committee has no specific recommendation as to how this
instruction should be delivered to the prospective jurors before voir dire. The
Criminal Committee recognizes that the process for selecting and qualifying jurors
varies from circuit to circuit and is usually a clerk of the court function. As a result,
this Court might opt to have the chief judge of each judicial circuit devise a method
for instructing the prospective jurors with regard to the proposed qualifications
instruction. In the alternative, the Court could recommend that OSCA work with
the individual chief judges, and the clerks of the court, to ensure delivery of the
instruction to the jury panel.


11
In addition to approving a qualifications instruction to be given to all
prospective jurors, the Criminal Committee, by a unanimous vote of 17 to 0,
approved the following new or amended criminal jury instructions: (1) 1.1
Introduction: This new instruction is identical to amended civil instruction 1.0; (2)
2.1 Preliminary Instructions: This amended instruction is identical to amended
civil instruction 1.1. The Criminal Committee adopted some of the current
language in civil instruction 1.1 to make the civil and criminal instructions
conform; and (3) 3.13 Submitting Case to Jury: This amended criminal closing
instruction is not identical to amended civil closing instruction 700 for reasons set
forth in section III of the report. These proposed new and amended criminal jury
instructions are attached at Appendix C.

III. THE PROPOSED REVISIONS
The Civil and Criminal Committees propose that this Court use the same
core language in both civil and criminal cases to instruct jurors on their use of
electronic devices. In this age of electronic communication, many jurors are
accustomed to having the ability to instantly communicate with others or perform
immediate Internet research.

The Committees recommend that the qualifications instruction be given to

12
all jurors when they are still in a jury assembly room during the qualifications
stage and before they have entered a courtroom. While the information heard by
jurors before they enter a courtroom is not technically an “instruction,” both
committees feel it is important for this Court to consider giving standard language
on this issue as early as possible.

The Committees further recommend that jurors be instructed on the use of
electronic devices at multiple points in the proceedings: (1) preliminary
instructions before voir dire begins; (2) preliminary instructions after voir dire ends
and the jury is sworn; and (3) closing instructions. The committees propose using
slightly different language at each stage of the proceeding.

The Committees propose inserting identical language into the preliminary
instructions. The Committees propose slightly different language for the closing
instruction. The Civil Committee asks this Court to instruct the jury: “Do not
contact anyone to assist you, such as a family accountant, doctor, or lawyer.”
The Criminal Committee, in closing instruction 3.13, felt that references to
accountants, doctors, or lawyers are not germane to criminal cases. The Criminal
Committee unanimously voted to revise this sentence to read: “Do not contact
anyone to assist you during deliberations.”

13

The Committees recommend the Court adopt the following instructions:
A. Qualifications Instruction
QUALIFICATIONS INSTRUCTION
Many of you have cell phones, computers, and other electronic devices.
Even though you have not yet been selected as a juror, there are some strict
rules that you must follow about using your cell phones, electronic devices and
computers. You must not use any device to search the Internet or to find out
anything related to any cases in the courthouse.

Between now and when you have been discharged from jury duty by the
judge, you must not provide or receive any information about your jury
service to anyone, including friends, co-workers, and family members. You
may tell those who need to know where you are that you have been called for
jury duty. If you are picked for a jury, you may tell people that you have been
picked for a jury and how long the case may take. However, you must not
give anyone any information about the case itself or the people involved in the
case. You must also warn people not to try to say anything to you or write to
you about your jury service or the case. This includes face-to-face, phone or
computer communications.

In this age of electronic communication, I want to stress that you must
not use electronic devices or computers to talk about this case, including
tweeting, texting, blogging, e-mailing, posting information on a website or
chat room, or any other means at all. Do not send or accept any messages,
including e-mail and text messages, about your jury service. You must not
disclose your thoughts about your jury service or ask for advice on how to
decide any case.

After you are called to the courtroom, the judge will give you specific
instructions about these matters. A judge will tell you when you are released
from this instruction. All of us are depending on you to follow these rules, so
that there will be a fair and lawful resolution of every case.

NOTE ON USE


14
This instruction should be given in addition to and at the conclusion of the
instructions normally given to the prospective jurors. The portion of this
instruction dealing with communication with others and outside research may need
to be modified to include other specified means of communication or research as
technology develops.


B. Civil Preliminary Instruction Given Before Voir Dire Begins (currently
instruction 1.0, which will be renumbered instruction 201.2 in the reorganized
book)

PRELIMINARY INSTRUCTION
[Prior to Voir Dire]

Welcome. [I] [The clerk] will now administer your oath.

Now that you have been sworn, I’d like to give you an idea about what we
are here to do.

What is this proceeding?

This is a civil trial. A civil trial is different from a criminal case, where a
defendant is charged by the state prosecutor with committing a crime. The
subject of a civil trial is a disagreement between people or companies [or
others, as appropriate], where the claims of one or more of these parties has
been brought to court to be resolved. It is called “a trial of a lawsuit.”

(Insert brief description of claim(s) brought to trial in this case)

Who are the people here and what do they do?

Judge/Court: I am the Judge. You may hear people occasionally refer to
me as “The Court.” That is the formal name for my role. My job is to
maintain order and decide how to apply the rules of the law to the trial. I will
also explain various rules to you that you will need to know in order to do
your job as the jury. It is my job to remain neutral on the issues of this
lawsuit.

Attorneys: The attorneys to whom I will introduce you have the job of
representing their clients. That is, they speak for their client here at the trial.
They have taken oaths as attorneys to do their best and to follow the rules for
their profession.

Plaintiff’s Counsel: The attorney on this side of the courtroom, (introduce
by name), represents (client name) and is the person who filed the lawsuit here
at the courthouse. [His] [Her] job is to present [his] [her] client’s side of things

15
to you. [He] [She] and [his] [her] client will be referred to most of the time as
“the plaintiff.”

Defendant’s Counsel: The attorney on this side of the courtroom,
(introduce by name), represents (client name), the one who has been sued. [His]
[Her] job is to present [his] [her] client’s side of things to you. [He] [She] and
[his] [her] client will usually be referred to here as “the defendant.”

Court Clerk: This person sitting in front of me, (name), is the court clerk.
[He] [She] is here to assist me with some of the mechanics of the trial process,
including the numbering and collection of the exhibits that are introduced in
the course of the trial.

Court Reporter: The person sitting at the stenographic machine, (name), is
the court reporter. [His] [Her] job is to keep an accurate legal record of
everything we say and do during this trial.

Bailiff: The person over there, (name), is the bailiff. [His] [Her] job is to
maintain order and security in the courtroom. The bailiff is also my
representative to the jury. Anything you need or any problems that come up
for you during the course of the trial should be brought to [him] [her].
However, the bailiff cannot answer any of your questions about the case. Only
I can do that.

Jury: Last, but not least, is the jury, which we will begin to select in a few
moments from among all of you. The jury’s job will be to decide what the
facts are and what the facts mean. Jurors should be as neutral as possible at
this point and have no fixed opinion about the lawsuit. At the end of the tr ial
the jur y will give me a wr itten ver dict. A ver dict is simply the jur y’s answer to
my questions about the case.

In order to have a fair and lawful trial, there are rules that all jurors
must follow. A basic rule is that jurors must decide the case only on the
evidence presented in the courtroom. You must not communicate with
anyone, including friends and family members, about this case, the people and
places involved, or your jury service. You must not disclose your thoughts
about this case or ask for advice on how to decide this case.

I want to stress that this rule means you must not use electronic devices
or computers to communicate about this case, including tweeting, texting,

16
blogging, e-mailing, posting information on a website or chat room, or any
other means at all. Do not send or accept any messages to or from anyone
about this case or your jury service.

You must not do any research or look up words, names, [maps], or
anything else that may have anything to do with this case. This includes
reading newspapers, watching television or using a computer, cell phone, the
Internet, any electronic device, or any other means at all, to get information
related to this case or the people and places involved in this case. This applies
whether you are in the courthouse, at home, or anywhere else.

All of us are depending on you to follow these rules, so that there will be a
fair and lawful resolution to this case. If you become aware of any violation of
these instructions or any other instruction I give in this case, you must tell me
by giving a note to the bailiff.

Voir Dire:

The last thing I want to do, before we begin to select the jury, is to
explain to you how the selection process works.

Questions/Challenges. This is the part of the case where the parties and
their lawyers have the opportunity to get to know a little bit about you, in
order to help them come to their own conclusions about your ability to be fair
and impartial, so they can decide who they think should be the jurors in this
case.

How we go about that is as follows: First, I’ll ask some general questions
of you. Then, each of the lawyers will have more specific questions that they
will ask of you. After they have asked all of their questions, I will meet with
them and they will tell me their choices for jurors. Each side can ask that I
exclude a person from serving on a jury if they can give me a reason to believe
that he or she might be unable to be fair and impartial. That is what is called
a challenge for cause. The lawyers also have a certain number of what are
called peremptory challenges, by which they may exclude a person from the
jury without giving a reason. By this process of elimination, the remaining
persons are selected as the jury. It may take more than one conference among
the parties, their attorneys, and me before the final selections are made.

Purpose of Questioning. The questions that you will be asked during this
process are not intended to embarrass you or unnecessarily pry into your
personal affairs, but it is important that the parties and their attorneys know
enough about you to make this important decision. If a question is asked that
you would prefer not to answer in front of the whole courtroom, just let me

17
know and you can come up here and give your answer just in front of the
attorneys and me. If you have a question of either the attorneys or me, don’t
hesitate to let me know.

Response to Questioning. There are no right or wrong answers to the
questions that will be asked of you. The only thing that I ask is that you
answer the questions as frankly and as honestly and as completely as you can.
You [will take] [have taken] an oath to answer all questions truthfully and
completely and you must do so. Remaining silent when you have information
you should disclose is a violation of that oath as well. If a juror violates this
oath, it not only may result in having to try the case all over again but also can
result in civil and criminal penalties against a juror personally. So, again, it is
very important that you be as honest and complete with your answers as you
possibly can. If you don’t understand the question, please raise your hand and
ask for an explanation or clarification.

In sum, this is a process to assist the parties and their attorneys to select a
fair and impartial jury. All of the questions they ask you are for this purpose.
If, for any reason, you do not think you can be a fair and impartial juror, you
must tell us.

NOTE ON USE

1. The publication of this recommended instruction is not intended to
intrude upon the trial judge’s own style and manner of delivery. It may be useful in
cataloging the subjects to be covered in an introductory instruction.

2. The portion of this instruction dealing with communication with
others and outside research may need to be modified to include other specified
means of communication or research as technology develops.


C. Civil Preliminary Instruction Given After Voir Dire Ends and the Jury
is Sworn (currently instruction 1.1, which will be renumbered instruction
202.2 in the reorganized book)


PRELIMINARY INSTRUCTION
[After Jury Selection]

(Administer oath)

What will be happening?

You have now taken an oath to serve as jurors in this trial. Before we
begin, I want to let you know what you can expect.

Opening Statements: In a few moments, the attorneys will each have a

18
chance to make what are called opening statements. In an opening statement,
an attorney is allowed to give you [his] [her] views about what the evidence
will be in the trial and what you are likely to see and hear in the testimony.

Evidentiary Phase: After the attorneys’ opening statements the plaintiffs
will bring their witnesses and evidence to you.

Evidence. Evidence is the information that the law allows you to see or
hear in deciding this case. Evidence includes the testimony of the witnesses,
documents, and anything else that I instruct you to consider.

Witnesses. A witness is a person who takes an oath to tell the truth and
then answers attorneys’ questions for the jury. The answering of attorneys’
questions by witnesses is called “giving testimony.” Testimony means
statements that are made when someone has sworn an oath to tell the truth.

The plaintiff’s lawyer will normally ask a witness the questions first so as
to provide you the testimony that the plaintiff’s lawyer believes is helpful to
[his] [her] case. That is called direct examination. Then the defense lawyer
may ask the same witness additional questions about whatever the witness has
testified to. That is called cross-examination. Certain documents or other
evidence may also be shown to you during direct or cross-examination. After
the plaintiff’s witnesses have testified, the defendant will have the opportunity
to put witnesses on the stand and go through the same process. Then the
plaintiff’s lawyer gets to do cross-examination. The process is designed to be
fair to both sides.

It is important that you remember that testimony comes from witnesses.
The attorneys do not give testimony and they are not themselves witnesses.

Objections: Sometimes the attorneys will disagree about the rules for
trial procedure when a question is asked of a witness. When that happens, one
of the lawyers may make what is called an “objection.” The rules for a trial
can be complicated, and there are many reasons for attorneys to object. You
should simply wait for me to decide how to proceed. If I say that an objection
is “sustained,” that means the witness may not answer the question. If I say
that the objection is “overruled,” that means the witness may answer the
question.

When there is an objection and I make a decision, you must not assume
from that decision that I have any particular opinion other than that the rules
for conducting a trial are being correctly followed. If I say a question may not
be asked or answered, you must not try to guess what the answer would have
been. That is against the rules, too.

Side Bar Conferences: Sometimes I will need to speak to the attorneys
about legal elements of the case that are not appropriate for the jury to hear.
The attorneys and I will try to have as few of these conferences as possible
while you are giving us your valuable time in the courtroom. But, if we do
have to have such a conference during testimony, we will try to hold the
conference at the side of my desk so that we do not have to take a break and

19
ask you to leave the courtroom.

Recesses: Breaks in an ongoing trial are usually called “recesses.” During
a recess you still have your duties as a juror and must follow the rules, even
while having coffee, at lunch, or at home.

Instructions Before Closing Arguments: After all the evidence has been
presented to you, I will instruct you in the law that you must follow. It is
important that you remember these instructions to assist you in evaluating the
final attorney presentations, which come next, and, later, during your
deliberations, to help you correctly sort through the evidence to reach your
decision.

Closing Arguments: The attorneys will then have the opportunity to make
their final presentations to you, which are called closing arguments.

Final Instructions: After you have heard the closing arguments, I will
instruct you further in the law as well as explain to you the procedures you
must follow to decide the case.

Deliberations: After you hear the final jury instructions, you will go to the
jury room and discuss and decide the questions I have put on your verdict
form. [You will have a copy of the jury instructions to use during your
discussions.] The discussions you have and the decisions you make are usually
called “jury deliberations.” Your deliberations are absolutely private and
neither I nor anyone else will be with you in the jury room.

Verdict: When you have finished answering the questions, you will give
the verdict form to the bailiff, and we will all return to the courtroom where
your verdict will be read. When that is completed, you will be released from
your assignment as a juror.

What are the rules?

Before we begin the trial, I want to give you just a brief explanation of
the applicable rules.

Keeping an Open Mind. You must pay close attention to the testimony and
other evidence as it comes into the trial. However, you must avoid forming
any final opinion or telling anyone else your views on the case until you begin
your deliberations. This rule requires you to keep an open mind until you
have heard all of the evidence and is designed to prevent you from influencing
how your fellow jurors think until they have heard all of the evidence and had

20
an opportunity to form their own opinions. The time and place for coming to
your final opinions and speaking about them with your fellow jurors is during
deliberations in the jury room, after all of the evidence has been presented,
closing arguments have been made, and I have instructed you on the law. It is
important that you hear all of the facts and that you hear the law and how to
apply it before you start deciding anything.

Consider Only the Evidence. It is the things you hear and see in this
courtroom that matter in this trial. The law tells us that a juror can consider
only the testimony and other evidence that all the other jurors have also heard
and seen in the presence of the judge and the lawyers. Doing anything else is
wrong and is against the law. That means that you must cannot do any
homework or investigation of your own. You must cannot obtain on your own
any information about the case or about anyone involved in the case, from any
source whatsoever.,including the Inter net This includes reading newspapers,
watching television or using a computer, cell phone, the Internet, any
electronic device, or any other means at all, to get information related to this
case or the people and places involved in this case. This applies whether you
are in the courthouse, at home, or anywhere else. you cannot You must not
visit places mentioned in the trial or use the Internet to look at maps or
pictures to see any place discussed during trial.

The law also tells us that jJurors must cannot have discussions of any sort
with friends or family members about the case or its subject the people and
places involved in this case. So, do not let even the closest family members
make comments to you or ask questions about the trial. In this age of
electronic communication, I want to stress again that just as you must not talk
about this case face-to-face, you must not talk about this case by using an
electronic device. You must not use phones, computers or other electronic
devices to communicate. Do not send or accept any messages related to this
case or your jury service. Do not discuss this case or ask for advice by any
means at all, including posting information on an Internet website, chat room
or blog. Similarly, it is important that you avoid reading any newspaper
accounts, or watching or listening to television or radio comments that have
anything to do with this case or its subject.

No Mid-Trial Discussions. When we are in a recess, do not discuss
anything about the trial or the case with each other or with anyone else. If
attorneys approach you, don’t speak with them. The law says they are to
avoid contact with you. If an attorney will not look at you or speak to you, do

21
not be offended or form a conclusion about that behavior. The attorney is not
supposed to interact with jurors outside of the courtroom and is only
following the rules. The attorney is not being impolite. If an attorney or
anyone else does try to speak with you or says something about the case in
your presence, please inform the bailiff immediately.

Only the Jury Decides. Only you get to deliberate and answer the verdict
questions at the end of the trial. I will not intrude into your deliberations at
all. I am required to be neutral. You should not assume that I prefer one
decision over another. You should not try to guess what my opinion is about
any part of the case. It would be wrong for you to conclude that anything I say
or do means that I am for one side or another in the trial. Discussing and
deciding the facts is your job alone.

NOTE ON USE

1. The publication of this recommended instruction is not intended to
intrude upon the trial judge's own style and manner of delivery. It may be useful in
cataloging the subjects to be covered in an introductory instruction.
2. The portion of this instruction dealing with communication with
others and outside research may need to be modified to include other specified
means of communication or research as technology develops.


D. Civil Closing Instruction (currently instruction 7.2, which will be
renumbered instruction 700 in the reorganized book)
4

4
In January 2009, the Civil Committee proposed a substantial, plain English
rewrite of instruction 7.2, which remains pending in this Court in case number
SC09-296. The Civil Committee started with this plain English rewrite and made
additional revisions to address juror’s use of electronic devices. To assist the
Court, attached Appendix B includes two versions of this proposed amendment.
The first version uses underlining and strike-through text to show how this
electronic devices amendment changes current instruction 7.2. Many of these
revisions have already been suggested in the plain English rewrite pending in case
number SC09-296. The second version of this amendment in Appendix B shows
how the electronic devices amendment differs from the proposed plain English
amendment to instruction 7.2 that is already pending in case number SC09-296.




22
7.2 700 USE OF NOTES DURING DELIBERATIONS;
ELECTION OF FOREMAN; VERDICT FORMS
CLOSING INSTRUCTIONS

Members of the jury, you have now heard all the evidence, my
instructions on the law that you must apply in reaching your verdict and the
closing arguments of the attorneys. You will shortly retire to the jury room
to decide this case. [Before you do so, I have a few last instructions for you.]

During deliberations, jurors must communicate about the case only
with one another and only when all jurors are present in the jury room. You
will have in the jury room all of the evidence that was received during the
trial. In reaching your decision, do not do any research on your own or as a
group. Do not use dictionaries, the Internet, or any other reference materials.
Do not investigate the case or conduct any experiments. Do not visit or view
the scene of any event involved in this case or look at maps or pictures on the
Internet. If you happen to pass by the scene, do not stop or investigate. All
jurors must see or hear the same evidence at the same time. Do not read,
listen to, or watch any news accounts of this trial.

You are not to communicate with any person outside the jury about this
case. Until you have reached a verdict, you must not talk about this case in person
or through the telephone, writing, or electronic communication, such as a blog,
twitter, e-mail, text message, or any other means. Do not contact anyone to assist
you, such as a family accountant, doctor, or lawyer. These communications rule
apply until I discharge you at the end of the case. If you become aware of any
violation of these instructions or any other instruction I have given in this case, you
must tell me by giving a note to the bailiff.


Any notes you have taken during the trial may be taken to the jury
room for use during your discussions. Your notes are simply an aid to your
own memory, and neither your notes nor those of any other juror are binding
or conclusive. For this reason, you should not be unduly influenced by
anyone’s notes, including your own, and you should not give greater weight to
a particular piece of evidence or testimony merely because it is mentioned in a
juror’s notes. Your notes are not a substitute for your own memory or that of
other jurors. Instead, your verdict must result from the collective memory
and judgment of all jurors based on the evidence and testimony presented
during the trial. You should consider the recollections of other jurors, but
you need not abandon your own recollection of the evidence and testimony
merely because your recollection differs from the written notes of another
juror.

At the conclusion of the trial, the bailiff will collect all of your notes and
immediately destroy them. No one will ever read your notes.


23
In reaching your verdict, do not let bias, sympathy, prejudice, public
opinion, or any other sentiment for or against any party to influence your
decision. Your verdict must be based on the evidence that has been received
and the law on which I have instructed you.

Reaching a verdict is exclusively your job. I cannot participate in that
decision in any way and you should not guess what I think your verdict should
be from something I may have said or done. You should not think that I
prefer one verdict over another. Therefore, in reaching your verdict, you
should not consider anything that I have said or done, except for my specific
instructions to you.

Pay careful attention to all the instructions that I gave you for that is the
law that you must follow. You will have a copy of my instructions with you
when you go to the jury room to deliberate. All the instructions are
important and you must consider all of them together. There are no other
laws that apply to this case and even if you do not agree with these laws, you
must use them in reaching your decision in this case.

After you have decided what the facts are, you may find that some
instructions do not apply. In that case, follow the instructions that do apply
and use them together with the facts to reach your verdict.

When you go retire to the jury room, the first thing you should do is
select one of your number to act as the foreperson to preside over your
deliberations and sign your verdict[s]. Your verdict[s] must be unanimous,
that is, your verdict[s] must be agreed to by each of you. choose a presiding
juror to act as a foreperson during your deliberations. The foreperson should
see to it that your discussions are orderly and that everyone has a fair chance
to be heard.

It is your duty to talk with one another in the jury room and to consider
the views of all the jurors. Each of you must decide the case for yourself, but
only after you have considered the evidence with the other members of the
jury. Feel free to change your mind if you are convinced that your position
should be different. You should all try to agree. But do not give up your
honest beliefs just because the others think differently. Keep an open mind so
that you and your fellow jurors can easily share ideas about the case.

[I will give you a verdict form with questions you must answer. I have
already instructed you on the law that you are to use in answering these
questions. You must follow my instructions and the form carefully. You must
consider each question separately. Please answer the questions in the order
they appear. After you answer a question, the form tells you what to do next.
I will now read the form to you: (read form of verdict)]

24

[You will be given (state the number) forms of verdict, which I shall now
read to you (read form of verdict)]:

[If you find for (Claimant(s)), the plaintiff[s], your verdict will be in the
following form: (read form of verdict).]

[If you find for the d(Defendant(s)), your verdict will be in the following
form: (read form of verdict).]

Your verdict[s] must be unanimous, that is, your verdict must be agreed
to by each of you. When you have [agreed on your verdict[s]] [finished filling
out the form[s]], your foreperson must write the date and sign it at the bottom
and return the verdict[s] to the bailiff.

If any of you need to communicate with me for any reason, write me a
note and give it to the bailiff. In your note, do not disclose any vote or split or
the reason for the communication.

You may now retire to decide your verdict[s].

When you have agreed on your verdict[s], the foreperson, acting for the
jury, should date and sign the appropriate form[s] of verdict. You may now
retire to consider your verdict[s].

If any of you need to communicate with me for any reason, write me a
note and give it to the bailiff. In your note, do not disclose any vote or split or
the reason for the communication.


NOTES ON USE

1. When final instructions are read to the jury before the attorneys’ closing
arguments, this instruction should not be given at that time. It should be given
following closing arguments, just before the jury retires to deliberate. If, however,
the entire instruction is given after final arguments, omit the bracketed sentence in
the first paragraph.

2. The portion of this instruction dealing with communication with others
and outside research may need to be modified to include other specified means of
communication or research as technology develops.

2.3 Rule 2.430(l), Florida Rules of Judicial Administration, provides that
at the conclusion of the trial, the court shall collect and immediately destroy all
juror notes.

Because there seems to be no uniform practice among the circuits whereby

25
exhibits are delivered to the jury when it retires to consider the verdict, the
committee makes no recommendation on that subject. The committee does
recommend, however, that the court at least inform the jury at the time that the
exhibits are available for inspection by the jury.

2. When final instructions are read to the jury before the attorneys’ closing
arguments, this instruction should not be given at that time. It should be given
following closing arguments, just before the jury retires to deliberate.

COMMENT

4. Quotient verdict. The committee recommends that no instruction
generally be given to admonish the jury against returning a “quotient verdict.”

5. When it is impracticable to take all of the evidence into the jury room,
this instruction should be modified accordingly.

E. Criminal Introduction Instruction (1.1)
1.1 INTRODUCTION

To be given when jurors are in courtroom, prior to voir dire.
In order to have a fair and lawful trial, there are rules that all jurors
must follow. A basic rule is that jurors must decide the case only on the
evidence presented in the courtroom. You must not communicate with
anyone, including friends and family members, about this case, the people and
places involved, or your jury service. You must not disclose your thoughts
about this case or ask for advice on how to decide this case.

I want to stress that this rule means you must not use electronic devices
or computers to communicate about this case, including tweeting, texting,
blogging, e-mailing, posting information on a website or chat room, or any
other means at all. Do not send or accept any messages to or from anyone
about this case or your jury service.

You must not do any research or look up words, names, [maps], or
anything else that may have anything to do with this case. This includes
reading newspapers, watching television or using a computer, cell phone, the
Internet, any electronic device, or any other means at all, to get information
related to this case or the people and places involved in this case. This applies
whether you are in the courthouse, at home, or anywhere else.


26
All of us are depending on you to follow these rules, so that there will be a
fair and lawful resolution to this case. If you become aware of any violation of
these instructions or any other instruction I give in this case, you must tell me
by giving a note to the bailiff.

Comment

The portion of this instruction dealing with communication with others and
outside research may need to be modified to include other specified means of
communication or research as technology develops.

This instruction was adopted in 2010.


F. Criminal Preliminary Instructions (2.1):

2.1 PRELIMINARY INSTRUCTIONS

Ladies and gentlemen of the jury:

You have been selected and sworn as the jury to try the case of State of
Florida v. (defendant).

This is a criminal case. (Defendant) is charged with (crime charged). The
definition of the elements of (crime charged) will be explained to you later.

It is your solemn responsibility to determine if the State has proved its
accusation beyond a reasonable doubt against (defendant). Your verdict must
be based solely on the evidence, or lack of evidence, and the law.

The [information] [indictment] is not evidence and is not to be
considered by you as any proof of guilt.

It is the judge's responsibility to decide which laws apply to this case
and to explain those laws to you. It is your responsibility to decide what the
facts of this case may be, and to apply the law to those facts. Thus, the
province of the jury and the province of the court are well defined, and they
do not overlap. This is one of the fundamental principles of our system of
justice.


27
Before proceeding further, it will be helpful if you understand how a
trial is conducted.

At the beginning of the trial, the attorneys will have an opportunity, if
they wish, to make an opening statement. The opening statement gives the
attorneys a chance to tell you what evidence they believe will be presented
during the trial. What the lawyers say is not evidence, and you are not to
consider it as such.

Following the opening statements, witnesses will be called to testify
under oath. They will be examined and cross-examined by the attorneys.
Documents and other exhibits also may be produced as evidence.

After the evidence has been presented, the attorneys will have the
opportunity to make their final argument.

Following the arguments by the attorneys, the court will instruct you on
the law applicable to the case.

After the instructions are given [the alternate juror will be released and]
you will then retire to consider your verdict.

You should not form any definite or fixed opinion on the merits of the
case until you have heard all the evidence, the argument of the lawyers and
the instructions on the law by the judge. Until that time, you should not
discuss the case among yourselves.

During the course of the trial, the court may take recesses, during which
you will be permitted to separate and go about your personal affairs. During
these recesses you will not discuss the case with anyone nor permit anyone to
say anything to you or in your presence about the case. If anyone attempts to
say anything to you or in your presence about this case, tell [him] [her] that
you are on the jury trying the case and ask [him] [her] to stop. If [he] [she]
persists, leave [him] [her] at once and immediately report the matter to the
bailiff, who will advise me.

The case must be tried by you only on the evidence presented during the
trial in your presence and in the presence of the defendant, the attorneys and
the judge. Jurors must not conduct any investigation of their own. This
includes reading newspapers, watching television or using a computer, cell

28
phone, the Internet, any electronic device, or any other means at all, to get
information related to this case or the people and places involved in this case.
This applies whether you are in the courthouse, at home, or anywhere else.
You must not visit places mentioned in the trial or use the Internet to look at
maps or pictures to see any place discussed during the trial.

Jurors must not have discussions of any sort with friends or family
members about the case or the people and places involved. So, do not let even
the closest family members make comments to you or ask questions about the
trial. In this age of electronic communication, I want to stress again that just
as you must not talk about this case face-to-face, you must not talk about this
case by using an electronic device. You must not use phones, computers or
other electronic devices to communicate. Do not send or accept any messages
related to this case or your jury service. Do not discuss this case or ask for
advice by any means at all, including posting information on an Internet
website, chat room or blog.Accor dingly, you must not visit any of the places
descr ibed in the evidence, and you must not r ead nor listen to any r epor ts
about the case. Fur ther , you must not discuss this case with any per son and
you must not speak with the attor neys, the witnesses, or the defendant about
any subject until your deliber ations ar e finished.

Give if defendant requests.
In every criminal proceeding a defendant has the absolute right to
remain silent. At no time is it the duty of a defendant to prove [his] [her]
innocence. From the exercise of a defendant's right to remain silent, a jury is
not permitted to draw any inference of guilt, and the fact that a defendant did
not take the witness stand must not influence your verdict in any manner
whatsoever.

The attorneys are trained in the rules of evidence and trial procedure,
and it is their duty to make all objections they feel are proper. When an
objection is made you should not speculate on the reason why it is made;
likewise, when an objection is sustained, or upheld, by me, you must not
speculate on what might have occurred had the objection not been sustained,
nor what a witness might have said had [he] [she] been permitted to answer.

Comment


29
The portion of this instruction dealing with communication with others and
outside research may need to be modified to include other specified means of
communication or research as technology develops.

This instruction was adopted in 1981 and amended in 2010.

G. Criminal Submitting Case to Jury (3.13):

3.13 SUBMITTING CASE TO JURY

In just a few moments you will be taken to the jury room by the bailiff.
The first thing you should do is elect a foreperson who will preside over your
deliberations, like a chairperson of a meeting. It is the foreperson's job to sign
and date the verdict form when all of you have agreed on a verdict in this case
and to bring the verdict back to the courtroom when you return.

Your verdict finding the defendant either guilty or not guilty must be
unanimous. The verdict must be the verdict of each juror, as well as of the
jury as a whole.

During deliberations, jurors must communicate about the case only
with one another and only when all jurors are present in the jury room. You
are not to communicate with any person outside the jury about this case. Until
you have reached a verdict, you must not talk about this case in person or
through the telephone, writing, or electronic communication, such as a blog,
twitter, e-mail, text message, or any other means. Do not contact anyone to
assist you during deliberations. These communications rules apply until I
discharge you at the end of the case. If you become aware of any violation of
these instructions or any other instruction I have given in this case, you must
tell me by giving a note to the bailiff.

In closing, let me remind you that it is important that you follow the law
spelled out in these instructions in deciding your verdict. There are no other
laws that apply to this case. Even if you do not like the laws that must be
applied, you must use them. For two centuries we have lived by the
constitution and the law. No juror has the right to violate rules we all share.

Comment


30
This instruction was adopted in 1981 and was amended in 2000, and 2003,
and 2010.


IV. DESCRIPTION OF APPENDICES
The following appendices are attached to this report:
Appendix A: Proposed instruction for jury qualifications period
Appendix B : Proposed revisions to civil instructions
Appendix C: Proposed revisions to criminal instructions
Appendix D: Articles
Appendix E: Instructions used or proposed in other states or courts
Appendix F: Relevant excerpts from Civil Committee’s minutes
Appendix G: Relevant excerpts from Criminal Committee’s minutes
Appendix H: Civil and Criminal Committee materials

V. DISSENTING VIEWS FROM THE COMMITTEES
There are no dissenting views from the Civil or Criminal Committees. Both
committees believe that these instructions will greatly improve the process of jury
instruction and unanimously recommend their adoption.

A member of the Civil Committee, Fourth District Judge Gary Farmer,
suggested a substantial revision of the final version of the proposed instructions.

31
Due to time constraints, the Civil Committee was not able to fully consider his
recommended revisions before submitting this report. Judge Farmer’s proposed
revision is submitted for this Court’s consideration in Appendix H, pages 249-51.

VI. COMMENTS RECEIVED AND ACTION TAKEN IN RESPONSE
This Court requested that the Civil and Criminal Committees submit a report
proposing amendments by January 11, 2010. In order to meet that deadline, the
Civil and Criminal Committees did not publish these proposed amendments for
comment.

VII. RECOMMENDATIONS FOR FURTHER STUDY
A. Qualifications Instruction
The Committees discussed at length whether jury instructions committees
have the authority to propose uniform language to be given to potential jurors
during the qualifications stage. Information provided to potential jurors during the
qualifications stage is not actually a jury “instruction.” Instead, the question of
what to tell jurors before they are sent to a courtroom probably falls within the
expertise of the Office of the State Courts Administrator or another committee,
such as the Florida Rules of Judicial Administration Committee.


32
Despite this, both committees believe that it is important to tell jurors from
the outset what rules will govern their use of electronic devices during their jury
service. The Court may even want to stress the importance of this instruction by
giving a written copy to potential jurors. Most jurors have access to the Internet
when they first arrive at the courthouse and are waiting to be called to a courtroom.
Many courthouses provide waiting jurors with wireless Internet access and free-
standing computers with Internet access. Also, many waiting jurors have their own
phones or laptops with Internet access.

As a result, the committees recommend that during the qualifications period,
jurors be told standard language to address these issues, found in Appendix A.

B. Taking electronic devices from jurors.
Another issue for further study is whether circuit court judges should collect
jurors’ cell phones and electronic devices. Many federal courts customarily collect
jurors’ cell phones, Blackberries, laptops or other electronic devices. The practice
throughout Florida state circuit courts varies. Many Florida circuit court judges
collect jurors’ cell phones and electronic devices during jury deliberations. In the
approach used in Michigan, jurors are instructed that they may only use cell
phones and electronic devices during breaks or recesses.

33

Members of the Civil Committee were concerned that prohibiting jurors
from using cell phones during trial or physically collecting the phones might raise
problems of judicial administration. Many jurors might be unwilling to serve if
unable to use their cell phones during the trial. For example, parents might be
unwilling to serve as jurors if unable to use cell phones to communicate with their
children during jury service. Eleventh Circuit Judge Jennifer Bailey tries to
address this problem by warning jurors in advance that she will be collecting cell
phones during deliberations. In addition, Judge Bailey gives jurors a court phone
number to provide family members with a way to reach a deliberating juror in case
of an emergency.

VIII. CONCLUSION
WHEREFORE, for the above reasons, the committees respectfully request
that the Court approve these instructions for publication and their inclusion in the
reorganized book as new Standard Jury Instructions for Civil Cases, and as
revisions to the Standard Jury Instructions in Criminal Cases.

34
Respectfully submitted,

______________________________
The Honorable Lisa T. Munyon
Florida Bar Number 513083
Committee Chair,
Supreme Court Committee on Standard
Jury Instructions (Criminal)
Ninth Judicial Circuit
425 N. Orange Ave., Room 1130
Orlando, Florida 32801
(407) 836-2470
(407) 835-5133(fax)

Honorable James M. Barton, II
Florida Bar Number 189239
Committee Vice-Chair,
Supreme Court Committee on Standard
Jury Instructions (Civil)
Hillsborough County Courthouse Annex
800 East Twiggs, Room 512
Tampa, Florida 33602
(813) 272-6994
(813) 276-2725 (fax)


Joseph L. Amos, Jr.
Florida Bar Number 856230
Subcommittee Co-Chair,
Juror Conduct Subcommittee
Supreme Court Committee on Standard
Jury Instructions (Civil)
Fisher, Rushmer, Werrenrath, Dickson,
Talley & Dunlap, P.A.
P.O. Box 712
Orlando, Florida 32802-0712
(407) 535-4868
(407) 535-4795 (fax)
________________________________
Tracy Raffles Gunn
Florida Bar Number 984371
Committee Chair,
Supreme Court Committee on
Standard Jury Instructions (Civil)
Gunn Appellate Practice
777 S. Harbour Island Blvd. Suite 770
Tampa, Florida 33602
(813) 254-3183
(813) 254-3258 (fax)

Joseph H. Lang, Jr.
Florida Bar Number 059404
Subcommittee Chair,
Filing Subcommittee
Supreme Court Committee on Standard
Jury Instructions (Civil)
Carlton Fields P.A.
4221 W. Boy Scout Blvd.
Tampa, Florida 33607
(813) 229-4253
(813) 229-4133 (fax)

Rebecca Mercier Vargas
Florida Bar Number 0150037
Subcommittee Co-Chair,
Juror Conduct Subcommittee
Supreme Court Committee on Standard
Jury Instructions (Civil)
Kreusler-Walsh, Compiani &
Vargas, P.A.
501 South Flagler Drive, Suite 503
West Palm Beach, FL 33401
(561) 659-5455
(561) 820-8762 (fax)

35

CERTIFICATE OF COMPLIANCE
The undersigned hereby certifies that this report complies with the font
requirements set forth in Florida Rule of Appellate Procedure 9.210 by using
Times New Roman 14-point font.
By:
Lester A. Garringer, Jr.

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