Fla. Std. Jury Instr. (Civ.) 451.45

[On (claimant’s) claim for civil conspiracy to commit breach of fiduciary duty, you must decide the claim separately for [each defendant] [(list defendants at issue in this claim)].]

The issues on [this claim] [(claimant’s) claim for civil conspiracy to commit breach of fiduciary duty] are:

[First, whether a fiduciary relationship existed between (claimant) and [(defendant)] [another] [others] [each other]. To prove a fiduciary relationship existed between (claimant) and [(defendant)] [another] [others] [each other], (claimant) must prove that (claimant) put [his] [her] [its] trust in [(defendant)] [another] [others] [each other] to protect (claimant’s) [financial or property interests] [secrets] [confidences] [private information] and [(defendant)] [another] [others] [each other] accepted that trust;]*

* This instruction should be given unless preemptive instruction regarding existence of fiduciary duty is given and there is no longer a question regarding the existence of a fiduciary duty.

Second, [as to] [each defendant] [(list defendants at issue in this claim)] whether [each of them] [(defendant)] entered an agreement with [another] [others] [each other] to cause a breach of the fiduciary duty between (claimant) and [(defendant)] [another] [others] [each other];

Third, whether [(defendant)] [another] [others] [each other] breached a fiduciary duty to [(claimant)] [another] [others] [each other] in furtherance of the agreement. A breach of a fiduciary duty occurs when [(defendant)] [another] [others] [each other] failed to act [with the utmost good faith, fairness, and honesty] [with the highest and finest loyalty] and:

a. failed to protect (claimant’s) financial or property interests; or

b. failed to protect (claimant’s) [secrets] [confidences] [private information]; or

c. used such information to the detriment of (claimant);

Fourth, whether the breach of fiduciary duty was a legal cause of [loss] [injury] [or] [damage] to (claimant).

If the greater weight of the evidence does not support (claimant’s) claim, then your verdict should be for (defendant). However, if the greater weight of the evidence supports (claimant’s) claim, [then your verdict should be for (claimant) and against (defendant)] [then you shall consider the defense[s] raised by (defendant)].