Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 918.16 | Lawyer Caselaw & Research
F.S. 918.16 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 918.16

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 918
CONDUCT OF TRIAL
View Entire Chapter
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.

F.S. 918.16 on Google Scholar

F.S. 918.16 on Casetext

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 from cite.case.law:

ENRIQUEZ, v. SECRETARY, DEPARTMENT OF CORRECTIONS,, 662 F. App'x 650 (11th Cir. 2016)

. . . Stat. § 918.16, which states that: [I]n the trial of any case, civil or criminal, if any person under . . . Stat. § 918.16(1). . . . App, 2005) (stating that § 918.16(1) provides for a partial closure of the court room, which allows “ . . . Notably, § 918.16(1) permits certain members of the public (family members and the press) to remain in . . . Stat. § 918.16(1). . . .

RAMOS, v. DEPARTMENT OF CORRECTIONS,, 575 F. App'x 845 (11th Cir. 2014)

. . . . § 918.16(a). . . . Ramos’s counsel objected to the partial closure on two grounds: the victims exceeded the age in section 918.16 . . .

KOVALESKI, v. STATE, 103 So. 3d 859 (Fla. 2012)

. . . court partially closed the courtroom during the testimony of the victim, J.L., pursuant to section 918.16 . . . Specifically, Kovaleski asserts that a partial closure pursuant to section 918.16(2) runs afoul of the . . . We find that section 918.16(2) acceptably embraces the requirements set forth in Waller, Pursuant to . . . Regarding the third prong of Waller, we find that allowing the parties enumerated in section 918.16(2 . . . Section 918.16(2) has remained the same since 2001. . See Fla. S. . . . Therefore, in my view, the application of section 918.16, Florida Statutes (2001), did not result in . . . In my view, however, section 918.16 cannot obviate the need for an individualized inquiry before a partial . . . In conclusion, the application of section 918.16 without conducting a Waller inquiry and making individualized . . .

KOVALESKI, v. STATE, 1 So. 3d 254 (Fla. Dist. Ct. App. 2009)

. . . Section 918.16(2), Florida Statutes (2001), provides: When the victim of a sex offense is testifying . . . Waller addressed the total closure of a court proceeding, not a partial closure such as section 918.16 . . . to the partial closure authorized by the statute, explaining: The Legislature, by enacting section 918.16 . . . Accordingly, section 918.16 is narrowly drawn to ensure that a defendant’s right to an open trial is . . . Per section 918.16, Florida Statutes, which, we note, Clements has not challenged as unconstitutional . . .

MILLER, v. STATE, 991 So. 2d 946 (Fla. Dist. Ct. App. 2008)

. . . his immediate family from the courtroom during the testimony of the victim, A.H., contrary to section 918.16 . . . the request of the victim, victim or witness advocates designated by the state attorney’s office. § 918.16 . . . to remain in the courtroom and did not draw the trial court’s attention to the language of section 918.16 . . . defendant failed to preserve argument on appeal, that trial court erred in not complying with section 918.16 . . . , where “the parties knew that the State was attempting to comply with section 918.16” and defense counsel . . .

LAPLANTE, v. CROSBY,, 133 F. App'x 723 (11th Cir. 2005)

. . . . § 918.16 notwithstanding.” . . . Stat. § 918.16, the state trial court closed the courtroom during the testimony of the six-year-old victim . . . The applicable version of § 918.16 provided: In the trial of any case, civil or criminal, when any person . . . Stat. § 918.16 (1997). . . . . Stat. § 918.16 and our decisions in Judd and Douglas v. Wainwright, 739 F.2d 531 (11th Cir.1984). . . .

LENA, v. STATE, 901 So. 2d 227 (Fla. Dist. Ct. App. 2005)

. . . Section 918.16, Florida Statutes provides for a partial closure of the courtroom “when any person under . . . of 16 or any person with mental retardation ... is testifying concerning any sex offense.... ” Id. § 918.16 . . . Id. § 918.16(2). . . . Id. § 918.16(1); see also id. § 918.16(2). . . . Section 918.16 does not require a television link for remote viewing. . . .

C. JONES, v. STATE, 883 So. 2d 369 (Fla. Dist. Ct. App. 2004)

. . . fundamental error for the trial court to order a partial closure of the courtroom under subsection 918.16 . . . At the time of the trial, subsection 918.16(2), Florida Statutes (2000) provided: (2) When the victim . . . addressed the procedure to be applied where the State seeks partial closure of the courtroom under section 918.16 . . . for Waller findings in connection with a request for partial closure of the courtroom under section 918.16 . . .

SPRINGER, v. STATE, 874 So. 2d 719 (Fla. Dist. Ct. App. 2004)

. . . Springer first argues that the partial closure of the courtroom in accordance with section 918.16, Florida . . .

LUDA, v. STATE, 860 So. 2d 457 (Fla. Dist. Ct. App. 2003)

. . . to remain in the courtroom and did not draw the trial court’s attention to the language of section 918.16 . . .

KOVALESKI, v. STATE, 854 So. 2d 282 (Fla. Dist. Ct. App. 2003)

. . . Originally, the courtroom was partially closed under Florida Statutes section 918.16, which allows for . . .

ALVAREZ, v. STATE, 827 So. 2d 269 (Fla. Dist. Ct. App. 2002)

. . . ground that the court erred in closing the courtroom during his revocation hearing pursuant to section 918.16 . . . alleged lewd act, and the prosecutor asked the judge to “clear the courtroom pursuant to Florida Statute 918.16 . . . Section 918.16 requires the closure of a courtroom when a victim of a sex offense testifies and provides . . . as improvidently granted, 782 So.2d 868 (Fla. 2001), the court held that closure pursuant to section 918.16 . . . The court reasoned that, in enacting section 918.16, the legislature has implicitly reviewed the Waller . . .

ALONSO, v. STATE, 821 So. 2d 423 (Fla. Dist. Ct. App. 2002)

. . . has mandated that trial courts must first apply a four-part analysis before statutes such as section 918.16 . . . to close the courtroom during the testimony of M.L. and the two teenagers under authority of section 918.16 . . . That statute provides: 918.16 Sex offenses; testimony of person under age 16 or person with mental retardation . . .

ROBERTS, v. STATE, 816 So. 2d 1175 (Fla. Dist. Ct. App. 2002)

. . . Section 918.16(1), Florida Statutes (2000), provides that when any person under the age of sixteen is . . .

HOBBS, v. STATE, 820 So. 2d 347 (Fla. Dist. Ct. App. 2002)

. . . The Florida Legislature balanced the various interests applicable in this case as provided in section 918.16 . . . the trial court cleared the courtroom “without making the necessary findings pursuant to [sjection 918.16 . . . 5th DCA 1999), that a separate Waller inquiry is not required when the trial court follows section 918.16 . . . The Legislature, by enacting section 918.16, recognizes that there is a substantial, if not compelling . . . partial closing during the testimony of a sex crime victim are fulfilled by compliance with section 918.16 . . .

WHITSON, v. STATE, 791 So. 2d 544 (Fla. Dist. Ct. App. 2001)

. . . Section 918.16(2), Florida Statutes (1999), empowers a trial court to clear the courtroom of all persons . . . In tacit recognition of this limitation, section 918.16 carefully identifies those members of the public . . . Whitson’s counsel objected, arguing that section 918.16 requires a showing before closure can occur. . . . We further observe that section 918.16 does not authorize total closure of the courtroom but expressly . . . As we have noted above, section 918.16(2), Florida Statutes (1999), is designed to protect the child . . .

BERKUTA, v. STATE, 788 So. 2d 1081 (Fla. Dist. Ct. App. 2001)

. . . Section 918.16 (1), Florida Statutes (1999), authorizes closure of the courtroom while a minor victim . . .

CLEMENTS, v. STATE, 742 So. 2d 338 (Fla. Dist. Ct. App. 1999)

. . . Pursuant to section 918.16, Florida Statutes (1997) the State asked that the courtroom be cleared before . . . The trial court read section 918.16 as mandatory and overruled the objection. . . . The court ordered that all persons not permitted by section 918.16 leave the courtroom. . . . ’s list of persons permitted to remain in attendance, here the trial court followed section 918.16 and . . . Accordingly, section 918.16 is narrowly drawn to ensure that a defendant’s right to an open trial is . . .

THORNTON, v. STATE, 585 So. 2d 1189 (Fla. Dist. Ct. App. 1991)

. . . Section 918.16, Florida Statutes (1989), provides that in a trial when any person under the age of sixteen . . . court in this case failed to apply the Waller prerequisites and apparently did not adhere to section 918.16 . . .

PRITCHETT, v. STATE, 566 So. 2d 6 (Fla. Dist. Ct. App. 1990)

. . . to a public trial when it ordered the courtroom to be cleared of all spectators, pursuant to section 918.16 . . . Section 918.16, Florida Statutes (1987), provides: In the trial of any case, civil or criminal, when . . .

GLOBE NEWSPAPER CO. v. SUPERIOR COURT FOR THE COUNTY OF NORFOLK, 457 U.S. 596 (U.S. 1982)

. . . . §918.16 (1979); Ga. Code § 81-1006 (1978); Miss. Const., Art. 3, § 26; N. H. Rev. Stat. . . . . § 918.16 (1979) (providing for mandatory exclusion of general public but not press during testimony . . .

E. Jr. K. v., 55 T.C. 543 (T.C. 1970)

. . . contracts allowed or allowable- 16,052.01 959,206.59 Balance in policyholders’ surplus as 5/31/62_ 1, 299, 918.16 . . .

Co. v., 10 B.T.A. 1347 (B.T.A. 1928)

. . . _ 30, 065.33 Petitioner’s proposal — Additional taxes_$85, 506. 09 Respondent’s proposal— “ “ -159, 918.16 . . .