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Standard Jury Instructions-Civil Cases (No. 97-2)

Citations: 706 So. 2d 283; 23 Fla. L. Weekly Supp. 66; 1998 Fla. LEXIS 89; 1998 WL 45203Docket: No. 91632

Court: Supreme Court of Florida; February 4, 1998; Florida; State Supreme Court

Narrative Opinion Summary

The Florida Supreme Court Committee on Standard Jury Instructions in Civil Cases has proposed revisions to several Florida Standard Jury Instructions, particularly concerning defamation, false imprisonment, fraudulent misrepresentation, and outrageous conduct causing severe emotional distress. These changes focus on the application of punitive damages, introducing specific guidelines for bifurcated and non-bifurcated procedures. The revisions aim to standardize juror considerations for punitive damages by requiring clear and convincing evidence of malicious intent, particularly in cases involving public interest. Notably, the instructions for outrageous conduct remove punitive damage considerations to align with updated legal standards. The Court's authorization for publication of these revisions emphasizes that such approval does not endorse their accuracy, allowing room for legal challenges and alternative instructions. The revised instructions will be effective upon the filing of the opinion, offering a framework for jurors to independently assess punitive damages across multiple defendants. This initiative reflects a broader effort to clarify punitive damage assessments and ensure juror decisions are guided by comprehensive and current legal standards.

Legal Issues Addressed

Bifurcated and Non-Bifurcated Punitive Damages Procedures

Application: The new procedures for bifurcated and non-bifurcated punitive damages dictate how juries should assess punitive damages in different procedural contexts.

Reasoning: These amendments are prompted by comprehensive revisions to the instruction on punitive damages previously approved, which included the introduction of procedures for bifurcated and non-bifurcated punitive damages.

Defamation: Causation and Damages

Application: The revisions to the jury instructions address punitive damages in defamation cases, emphasizing the need for clear and convincing evidence of malice for statements concerning public interest.

Reasoning: Key changes include updates to Miscellaneous Instruction 4.4 on 'Defamation: Causation and Damages,' specifically regarding punitive damages.

Fraudulent Misrepresentation/Negligent Misrepresentation

Application: The instructions are revised to clarify the criteria for awarding punitive damages in fraud cases, requiring evidence of intentional harm.

Reasoning: Changes to Miscellaneous Instruction 8 on 'Fraudulent Misrepresentation/Negligent Misrepresentation.'

Outrageous Conduct Causing Severe Emotional Distress

Application: The instruction on punitive damages for outrageous conduct is removed, streamlining the criteria for awarding damages based on the defendant's intent.

Reasoning: In Miscellaneous Instruction 10 concerning 'Outrageous Conduct Causing Severe Emotional Distress,' the portion addressing punitive damages will be deleted.

Punitive Damages in False Imprisonment Cases

Application: The revision to the jury instructions specifies how punitive damages should be considered in false imprisonment cases, emphasizing the need for a bifurcated procedure.

Reasoning: Revisions to the introduction of Miscellaneous Instruction 6.1 on 'False Imprisonment'.