I believe you are mistaken.
The Allen charge embodied in Florida Standard Jury Instruction 3.06 provides:
I know that all of you have worked hard to try to find a verdict in this case. It apparently has been impossible for you so far. Sometimes an early vote before discussion can make it hard to reach an agreement about the case later. The vote, not the discussion, might make it hard to see all sides of the case.
We are all aware that it is legally permissible for a jury to disagree. There are two things a jury can lawfully do: agree on a verdict or disagree on what the facts of the case may truly be.
There is nothing to disagree about on the law. The law is as I told you. If you have any disagreements about the law, I should clear them for you now. That should be my problem, not yours.
If you disagree over what you believe the evidence showed, then only you can resolve that conflict, if it is to be resolved.
I have only one request of you. By law, I cannot demand this of you, but I want you to go back into the jury room. Then, taking turns, tell each of the other jurors about any weakness of your own position. You should not interrupt each other or comment on each others views until each of you had a chance to talk. After you have done that, if you simply cannot reach a verdict, then return to the courtroom and I will declare this case mistried, and will discharge you with my sincere appreciation of your services.
You may now retire to continue with your deliberations.12
This deadlock instruction was first approved by the Florida Supreme Court in State v. Bryan, 290 So. 2d 482 (Fla. 1974). In Bryan, after learning that the jury was not close to reaching a verdict despite five and a half hours of deliberation, the trial court gave the jury a balanced Allen charge, urging the minority jurors to carefully reconsider their position to see if they could conscientiously agree with that of the majority of the jury.13 The Bryan court found the instruction given did not differ materially from the approved Standard Jury Instruction 2.19, the predecessor of the current 3.06 Allen charge.14
https://www.floridabar.org/divcom/jn/jnjournal01.nsf/Articles/21AC5A6D2909065085256ADB005D62F6
So what the Judge said to the jury was verbatim the instruction as approved by the FL Supreme Court. You may not approve but it was a legal and perfectly appropriate instruction according to the supreme court.
UBM: The judge did NOT pull that out of his hindquarters. Fact.
