Jury Instructions
200 — Preliminary Instructions
Preliminary instructions and documentation for jury selection.
300 — Evidence Instructions
Evidence instructions and documentation for trial evidence.
400 — Substantive Instructions
These substantive instructions should be followed by the applicable sections from Damages, Substantive Instructions — General, and Closing Instructions (Before Final Argument).
401 — General Negligence
General negligence documentation items.
402 — Professional Negligence
NOTES ON USE: Professional negligence claims are, for the most part, similar. The committee has, therefore, included all such claims in a single section. There are, however, some specific instructions that deal with issues unique to certain professions, such as instruction 402.4(d) (missing medical records) and instruction 402.12 (issues involved in certain legal malpractice claims). For cases involving allegations of negligence of professions other than medical or legal, instructions 402.11(a) and (b) and 402.12(a) and (b) should be appropriately modified. If a professional malpractice case involves a claim of product defect, jury instructions for such claims should be adopted from the applicable sections of this book.
403 — Products Liability
Products liability documentation items.
404 — Insurer’s Bad Faith
Insurer’s Bad Faith documentation items.
405 — Defamation
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.)
406 — Malicious Prosecution
Malicious Prosecution documentation items.
407 — False Imprisionment
False Imprisionment documentation items.
408 — Tortious Interference with Business Relationship
Tortious Interference with Business Relationship documentation items.
409 — Misrepresentation
Misrepresentation documentation items.
410 — Outrageous Conduct Causing Severe Emotional Distress
Outrageous conduct causing severe emotional distress documentation items.
411 — Civil Theft
Civil Theft documentation items.
412 — Contribution Among Tortfeasors
NOTES ON USE: A claim for contribution can be presented as a cross-claim in an injured party’s case or as an independent action. These instructions cover both types of claims. Instruction 412.1 deals with cross-claims in an injured party’s case and instruction 412.2 deals with third-party claims in an injured party’s action. These instructions are in proper form for use in negligence actions. If contribution is found to be appropriate in tort actions other than for negligence (but see the title to Ch. 75-198, Laws of Fla.), the instructions should be revised as necessary. The instructions for an independent action for contribution begin with instruction 412.3. Whether the contribution claim is a cross-claim, a third party action or an independent claim, it should be submitted to the jury with a form of special verdict by which the jury determines the relative degrees of fault of the defendants and any third party (see, for example, Model Instruction No. 6).
413 — Claim for Personal Injury Protection Insurance (PIP) Benefits (Medical Benefits Only)
Claim for Personal Injury Protection Insurance (PIP) Benefits (Medical Benefits Only) documentation items.
414 — Contribution Among Tortfeasors
Contribution Among Tortfeasors documentation items.
415 — UNLAWFUL RETALIATION
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).
417 — Unlawful Discrimination
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.
418 — Unlawful Retaliation Under Florida's Public Sector Whistle-Blower Act
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).
420 — Negligent Infliction of Emotional Distress
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.
451 — Fiduciary Duty (Shared Instructions with Contract and Business)
Fiduciary Duty documentation items.
500 — Damages
Damages instructions covering compensatory damages for personal injury and property, wrongful death, and punitive damages. These instructions address elements of damages, comparative negligence, mortality tables, and related issues for both compensatory and punitive claims.
600 — Substantive Instructions, General
These instructions provide general guidance on weighing the evidence, assessing the believability of witnesses, handling multiple claims and consolidated cases, and include a concluding instruction before final argument.
700 — Closing Instructions
Closing instructions for the case.
800 — Supplemental Matters
Supplemental matters including juror questions during deliberations, readback/playback of testimony, instructions for deadlocked juries, jury discharge, and handling inconsistent or erroneous verdicts.