Florida Statutes

Fla. Stat. § 918.16 (2025)

Sex offenses; testimony of person under age 16 or who has an intellectual disability; testimony of victim; courtroom cleared; exceptions.

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918.16 Sex offenses; testimony of person under age 16 or who has an intellectual disability; testimony of victim; courtroom cleared; exceptions.—

(1) Except as provided in subsection (2), in the trial of any case, civil or criminal, if any person under the age of 16 or any person with an intellectual disability as defined in s. 393.063 is testifying concerning any sex offense, the court shall clear the courtroom of all persons except parties to the cause and their immediate families or guardians, attorneys and their secretaries, officers of the court, jurors, newspaper reporters or broadcasters, court reporters, and, at the request of the victim, victim or witness advocates designated by the state attorney’s office.

(2) If the victim of a sex offense is testifying concerning that offense in any civil or criminal trial, the court shall clear the courtroom of all persons upon the request of the victim, regardless of the victim’s age or mental capacity, except that parties to the cause and their immediate families or guardians, attorneys and their secretaries, officers of the court, jurors, newspaper reporters or broadcasters, court reporters, and, at the request of the victim, victim or witness advocates designated by the state attorney may remain in the courtroom.

History.—s. 28, ch. 77-312; s. 5, ch. 90-211; s. 26, ch. 94-154; s. 109, ch. 99-3; s. 1, ch. 99-157; s. 8, ch. 2000-338; s. 96, ch. 2004-267; s. 37, ch. 2013-162.

Notes of Decisions

Cited in 23 cases (2 in the last 5 years), 1982–2026 · leading case: Globe Newspaper Co. v. Superior Court, Cnty. of Norfolk, 457 U.S. 596 (1982).

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Globe Newspaper Co. v. Superior Court, Cnty. of Norfolk, 457 U.S. 596 (1982). · cites it 4× “See also Fla. Stat. § 918.16 (1979) (providing for mandatory exclusion of general public but not press during testimony of minor victims).”

Clements v. State, 742 So. 2d 338 (Fla. 5th DCA 1999). · cites it 16× “Pursuant to section 918.16, Florida Statutes (1997) [1] the State asked that the courtroom be cleared before the victim, who was fourteen years old at the time of trial, testified.”

Kovaleski v. State, 1 So. 3d 254 (Fla. 4th DCA 2009). · cites it 18× “The spectators who *258 are temporarily excluded from the proceeding are only those with no direct interest in the case. The press, as the eyes and ears of the public, is allowed to remain.”

Alvarez v. State, 827 So. 2d 269 (Fla. 4th DCA 2002). · cites it 5× “Appellant challenges his sentence following revocation of community control on the ground that the court erred in closing the courtroom during his revocation hearing pursuant to section 918.16, Florida Statutes (2000). We affirm because appellant's failure to object to the…”

Jones v. State, 883 So. 2d 369 (Fla. 3d DCA 2004). · cites it 8× “State , this court addressed the procedure to be applied where the State seeks partial closure of the courtroom under section 918.16, Florida Statutes. First, the court must determine if the statutory criteria are satisfied.”

Whitson v. State, 791 So. 2d 544 (Fla. 2d DCA 2001). · cites it 10× “"We hold that the four-factor inquiry of Waller is not imposed where the partial closure is entered pursuant to section 918.16, Florida Statutes." Id. at 341.”

Hobbs v. State, 820 So. 2d 347 (Fla. 1st DCA 2002). · cites it 7× “16, Florida Statutes (2000): (2) When the victim of a sex offense is testifying concerning that offense in any civil or criminal trial, the court shall clear the courtroom of all persons upon the request of the victim, regardless of the victim's age [1] or mental capacity,…”

Kovaleski v. State, 103 So. 3d 859 (Fla. 2012). · cites it 18× “, pursuant to section 918.16, Florida Statutes (1997), which allowed for partial closure of the courtroom during the testimony of a victim who was under the age of sixteen concerning a sex offense.”

Lena v. State, 901 So. 2d 227 (Fla. 3d DCA 2005). · cites it 10× “Section 918.16, Florida Statutes provides for a partial closure of the courtroom "when any person under the age of 16 or any person with mental retardation .”

Pritchett v. State, 566 So. 2d 6 (Fla. 2d DCA 1990). · cites it 4× “Over Pritchett's objection, the trial court ordered that the courtroom be cleared of all spectators during the minor victim's testimony. On appeal, Pritchett argued that the court abridged his Sixth Amendment right to a public trial when it ordered the courtroom to be cleared of…”

Alonso v. State, 821 So. 2d 423 (Fla. 3d DCA 2002). · cites it 3× “and the two teenagers under authority of section 918.16, Florida Statutes (1999). [1] That statute provides: 918.”

Javier Enriquez v. Sec'y, Dep't of Corr., 662 F. App'x 650 (11th Cir. 2016). · cites it 4× “In 2010, Petitioner filed a motion for state post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.”

Show all 23 citing cases →

— 918.16(1) — 3 cases

Miller v. State, 991 So. 2d 946 (Fla. 1st DCA 2008).

Lena v. State, 901 So. 2d 227 (Fla. 3d DCA 2005). “Section 918.16, Florida Statutes provides for a partial closure of the courtroom "when any person under the age of 16 or any person with mental retardation .”

Roberts v. State, 816 So. 2d 1175 (Fla. 2d DCA 2002).

— 918.16(2) — 7 cases

Kovaleski v. State, 103 So. 3d 859 (Fla. 2012). “, pursuant to section 918.16, Florida Statutes (1997), which allowed for partial closure of the courtroom during the testimony of a victim who was under the age of sixteen concerning a sex offense.”

Jones v. State, 883 So. 2d 369 (Fla. 3d DCA 2004). “State , this court addressed the procedure to be applied where the State seeks partial closure of the courtroom under section 918.16, Florida Statutes. First, the court must determine if the statutory criteria are satisfied.”

Whitson v. State, 791 So. 2d 544 (Fla. 2d DCA 2001). “"We hold that the four-factor inquiry of Waller is not imposed where the partial closure is entered pursuant to section 918.16, Florida Statutes." Id. at 341.”

Kovaleski v. State, 1 So. 3d 254 (Fla. 4th DCA 2009). “The spectators who *258 are temporarily excluded from the proceeding are only those with no direct interest in the case. The press, as the eyes and ears of the public, is allowed to remain.”

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