(a) Creation and Authority. The supreme court created the Supreme Court Committee on Standard Jury Instructions in Civil Cases, the Supreme Court Committee on Standard Jury Instructions in Criminal Cases (with responsibility for the standard jury instructions in criminal and in involuntary civil commitment of sexually violent predator cases and for the grand jury instructions), and the Supreme Court Committee on Standard Jury Instructions in Contract and Business Cases to serve as standing committees responsible for preparing standard jury instructions for use in their respective case types. See In re Standard Jury Instructions, 198 So. 2d 319, 320 (Fla. 1967); In re Standard Jury Instructions in Criminal Cases, 240 So. 2d 472, 474 (Fla. 1970); In re Supreme Court Committee on Standard Jury Instruction—Contract and Business Cases, Fla. Admin. Order No. AOSC06-47 (Sept. 15, 2006). This rule authorizes those committees to develop and approve new and amended standard jury instructions to be published for use in the committees’ respective case types. Standard jury instructions approved for publication and use under this rule are not approved or otherwise specifically authorized for use by the supreme court and their approval under this rule shall not be construed as an adjudicative determination on the legal correctness of the instructions, which must await an actual case and controversy.
(b) Responsibilities. The standing supreme court committees on standard jury instructions are charged with the following responsibilities:
(1) Developing and approving for publication and use, in the committees’ respective case types, new and amended standard jury instructions in response to statutory changes, judicial decisions, or other events that affect the presentation of those case types to juries.
(2) Continuously reviewing the standard jury instruction, in the committees’ respective case types, for errors or inaccuracies and amending the instructions as necessary to correct any error or inaccuracies found.
(3) Addressing specific requests from the supreme court concerning the need for new or amended standard jury instructions.
(4) Considering modified instructions given by a trial court sent to a committee as required by rule 2.580 to determine whether amendments to the standard jury instructions are warranted.
(5) Considering changes to the standard jury instructions suggested to the committee by judges, members of the Bar, and other interested persons.
(c) Procedures. Each committee on standard jury instructions shall adopt operating procedures necessary to carry out its responsibilities. The operating procedures must comply with the following requirements, which shall govern the development and approval of standard jury instructions under this rule:
(1) All new and amended standard jury instructions being considered by a committee must be published for comment on the jury instructions page of The Florida Bar’s website and in The Florida Bar News. The committee must consider all comments received before taking a final vote on the changes.
(2) If the committee makes substantial revisions to a new or amended instruction that was published for comment, the revisions also must be published for comment in accordance with subdivision (c)(1) of this rule. Minor revisions to a published instruction change may be made without republication.
(3) A two-thirds committee vote in favor of a new or amended standard instruction is required before an instruction may be considered approved for publication and use.
(4) The committees may establish subcommittees as necessary to carry out their responsibilities. However, new or amended standard instructions recommended by a subcommittee must be voted on by the committee before they are considered approved for publication and use.
(d) Membership and Organization.
(1) Each supreme court committee on standard jury instructions shall be composed of up to 36 members appointed by the chief justice, for staggered three-year terms, as follows:
(A) The membership of each committee shall include at least one-third current or former district, circuit, or county court judges. The remainder of the members shall be attorneys who are in good standing with The Florida Bar, with a balance in the various practice areas addressed by the committee to which the attorney members are being appointed.
(B) A committee member may serve no more than two consecutive three-year terms, unless:
(i) a committee determines that it is in the best interest of the committee for a member to serve an additional term; or
(ii) additional slots remain open due to lack of applications to the committee.
(C) The chief justice shall appoint 1 member of each committee to serve as chair and 1 member to serve as vice- chair, each for a one-year term subject to reappointment.
(e) Staff Support.
(1) The Florida Bar. The Florida Bar will provide staff support for the Supreme Court Committee on Standard Jury Instructions in Civil Cases and the Supreme Court committee on Standard Jury Instructions in Contract and Business Cases.
(2) The Office of the State Courts Administrator. The Office of the State Courts Administrator will provide staff support for the Supreme Court Committee on Standard Jury Instructions in Criminal Cases.
(f) Publication of Approved Instructions. All standard jury instructions approved for publication and use under this rule shall be published on the jury instructions page of The Florida Bar’s website.