Florida Statute 918.16 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 918
CONDUCT OF TRIAL

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F.S. 918.16

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.

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Amendments to 918.16

Arrestable Offenses / Crimes under Fla. Stat. 918.16

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 918.16.

Annotations, Discussions, Cases:

Cases Citing Statute 918.16

Total Results: 18

PATRICK HUFF v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-03-03

Snippet: that partial courtroom closure pursuant to section 918.16(2), Fla. Stat., complied with the Waller test)

Kovaleski v. State

Court: Supreme Court of Florida | Date Filed: 2012-10-25

Citation: 103 So. 3d 859, 37 Fla. L. Weekly Supp. 661, 2012 Fla. LEXIS 2138, 2012 WL 5258677

Snippet: testimony of the victim, J.L., pursuant to section 918.16, Florida Statutes (1997), which allowed for partial

Kovaleski v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-01-05

Citation: 1 So. 3d 254, 2009 Fla. App. LEXIS 42, 2009 WL 18673

Snippet: the courtroom when the victim testified. Section 918.16(2), Florida Statutes (2001), provides: When the

Miller v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-09-04

Citation: 991 So. 2d 946, 2008 WL 4067304

Snippet: testimony of the victim, A.H., contrary to section 918.16(1), Florida Statutes. That statute provides: [I]n

Lena v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-04-13

Citation: 901 So. 2d 227, 2005 WL 840438

Snippet: victim, who was eleven at the time of trial. Section 918.16, Florida Statutes provides for a partial closure

Jones v. State

Court: District Court of Appeal of Florida | Date Filed: 2004-09-29

Citation: 883 So. 2d 369, 2004 WL 2173349

Snippet: partial closure of the courtroom under subsection 918.16(2), Florida Statutes (2000) during the testimony

Springer v. State

Court: District Court of Appeal of Florida | Date Filed: 2004-06-04

Citation: 874 So. 2d 719, 2004 WL 1223674

Snippet: closure of the courtroom in accordance with section 918.16, Florida Statutes (2002), during the testimony

Luda v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-10-15

Citation: 860 So. 2d 457, 2003 WL 22336133

Snippet: trial court's attention to the language of section 918.16, Florida Statutes (1998), that exempts the parties'

Kovaleski v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-09-17

Citation: 854 So. 2d 282, 2003 WL 22136263

Snippet: partially closed under Florida Statutes section 918.16, which allows for closure to all but specified

Alvarez v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-07-31

Citation: 827 So. 2d 269, 2002 WL 1758210

Snippet: during his revocation hearing pursuant to section 918.16, Florida Statutes (2000). We affirm because appellant's

Alonso v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-07-17

Citation: 821 So. 2d 423, 2002 WL 1563842

Snippet: authority of section 918.16, Florida Statutes (1999).[1] That statute provides: 918.16 Sex offenses; testimony

Roberts v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-05-10

Citation: 816 So. 2d 1175, 2002 Fla. App. LEXIS 6395, 2002 WL 954986

Snippet: State, 566 So.2d 6 (Fla. 2d DCA 1990). Section 918.16(1), Florida Statutes (2000), provides that when

Hobbs v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-03-28

Citation: 820 So. 2d 347, 2002 WL 464731

Snippet: applicable in this case as provided in section 918.16, Florida Statutes (2000): (2) When the victim of

Whitson v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-07-27

Citation: 791 So. 2d 544, 2001 WL 844756

Snippet: new trial. The remaining issues are moot. Section 918.16(2), Florida Statutes (1999), empowers a trial court

Berkuta v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-06-06

Citation: 788 So. 2d 1081, 2001 Fla. App. LEXIS 7844, 2001 WL 609047

Snippet: during the testimony of the minor victims. Section 918.16 (1), Florida Statutes (1999), authorizes closure

Clements v. State

Court: District Court of Appeal of Florida | Date Filed: 1999-07-30

Citation: 742 So. 2d 338, 1999 WL 550533

Snippet: testified, merits discussion. Pursuant to section 918.16, Florida Statutes (1997)[1] the State asked that

Thornton v. State

Court: District Court of Appeal of Florida | Date Filed: 1991-09-20

Citation: 585 So. 2d 1189, 1991 WL 183841

Snippet: would deny him the right to a public trial. Section 918.16, Florida Statutes (1989), provides that in a trial

Pritchett v. State

Court: District Court of Appeal of Florida | Date Filed: 1990-07-20

Citation: 566 So. 2d 6, 1990 WL 100743

Snippet: cleared of all spectators, pursuant to section 918.16, Florida Statutes (1987).[1] He contends that the