RULE 3.390. JURY INSTRUCTIONS

(a) Subject of Instructions. The Florida Standard Jury
Instructions in Criminal Cases appearing on the court’s website at
https://jury.flcourts.org may be used, as provided in Florida Rule
of General Practice and Judicial Administration 2.570, by the
presiding judge in instructing the jury in a criminal case. The
presiding judge shall instruct the jury only on the law of the case
before or after the argument of counsel and may provide
appropriate instructions during the trial. If the instructions are
given prior to final argument, the presiding judge shall give the jury
final procedural instructions after final arguments are concluded
and prior to deliberations. Except in capital cases, the judge shall
not instruct the jury on the sentence that may be imposed for the
offense for which the accused is on trial.

(b) Form of Instructions. The instruction to a jury shall be
orally delivered and shall also be in writing. All written instructions
shall also be filed in the cause.

(c) Written Request. At the close of the evidence, or at such
earlier time during the trial as the court reasonably directs, any
party may file written requests that the court instruct the jury on
the law as set forth in the requests. The court shall inform counsel
of its proposed action on the request and of the instructions that
will be given prior to their argument to the jury.

(d) Objections. No party may raise on appeal the giving or
failure to give an instruction unless the party objects thereto before
the jury retires to consider its verdict, stating distinctly the matter
to which the party objects and the grounds of the objection.
Opportunity shall be given to make the objection out of the
presence of the jury.

(e) Transcript and Review. When an objection is made to
the giving of or failure to give an instruction, no exception need be
made to the court’s ruling thereon in order to have the ruling
reviewed, and the grounds of objection and ruling thereon shall be
taken by the court reporter and, if the jury returns a verdict of
guilty, transcribed by the court reporter and filed in the cause.

Committee Notes

1972 Adoption. The committee adopted section 918.10,
Florida Statutes, with only minor modification as to terminology.
1988 Amendment. To assist the jury in understanding the
jury instructions.

1992 Amendment. Suggested change in wording to make (d)
clearer and easier to understand and also so it more closely follows
its federal counterpart, Federal Rule of Criminal Procedure 30.