Florida/Georgia Personal Injury & Workers Compensation

...Chamberlain argues that this ruling was reversible error. We disagree. *1100 The rule of sequestration provides: At the request of a party the court shall order, or upon its own motion the court may order, witnesses excluded from a proceeding so that they cannot hear the testimony of other witnesses.... § 90.616(1), Fla....

...The purpose of the rule of sequestration is "to avoid a witness coloring his or her testimony by hearing the testimony of another," thereby discouraging "fabrication, inaccuracy and collusion." Charles W. Ehrhardt, Florida Evidence § 616.1, at 506 (1998 ed.). Section 90.616(2)(c), Florida Statutes (1997), allows an exception to the rule of sequestration for "[a] person whose presence is shown by the party's attorney to be essential to the presentation of the party's cause." This exception is applied most...

...As admitted by Rose, this testimony was permissible as provided for by the statute and precedents of this Court. See Mansfield, 758 So.2d at 649; Bonifay, 680 So.2d at 419-20. We conclude no reversible error has been demonstrated. Addressing the second part of this claim, Rose recognizes that section 90.616, Florida Statutes (1997), provides: (2) A witness may not be excluded if the witness is: ....

...igation," the trial court did not abuse its discretion in exempting the expert witnesses from the rule. Id. [11] In 1990 (before we decided Burns but apparently after the case was tried), the Florida Legislature codified the rule of sequestration in section 90.616, Florida Statutes. See ch. 90-174, § 2, at 743, Laws of Fla. Section 90.616, Florida Statutes (2006), states in pertinent part: (1) At the request of a party the court shall order, or upon its own motion the court may order, witnesses excluded from a proceeding so that they cannot hear the testimony of other witnesses except as provided in subsection (2). § 90.616(1), Fla. Stat. (2006). While our decisions under the common law emphasized the discretionary nature of the decision to sequester witnesses, section 90.616 adopts the view that sequestration is demandable *663 as a matter of right. Charles W. Ehrhardt, Florida Evidence § 616.1, at 655 (2008 ed.). Nevertheless, the codified rule of sequestration also includes categories of witnesses who may not be excluded. See § 90.616(2), Fla. Stat. (2006). As one of those categories, section 90.616(2)(c) provides that a court may not exclude "[a] person whose presence is shown by the party's attorney to be essential to the presentation of the party's cause." § 90.616(2)(c), Fla. Stat. (2006). We have recognized that in applying the exception in section 90.616(2)(c) for those persons whose presence is shown to be essential to the presentation of the cause of one of the parties, "the trial court `has wide discretion in determining which witnesses are essential.'" Knight, 746 So.2d at 430 (quoting Charles W. Ehrhardt, Florida Evidence § 616.1, at 509 (1998 ed.)); see also Strausser v. State, 682 So.2d 539, 541 (Fla.1996) (citing § 90.616(2)(c) and finding no abuse of discretion in allowing the mental health expert to remain present in the courtroom while the defendant testified). Under section 90.616(2)(c), the burden is on the party seeking to avoid sequestration of a witness to demonstrate why the presence of the witness is essential....

...We reasoned that because a main issue in Strausser was the sanity of the defendant at the time of the crime, the trial court may have reasonably concluded that the expert's presence during the defendant's testimony was "essential to the presentation of the ... cause." Id. at 541 (quoting § 90.616(2)(c), Fla....

...s expert witness Dr. McClaren to remain in the courtroom during all of the testimony of the defense's penalty phase witnesses. I would specifically conclude that in this case the trial court's ruling was error. As the majority correctly recognizes, "section 90.616 adopts the view that sequestration is demandable as a matter of right." Majority op. at 662-63. Although sequestration is demandable as a matter of right, section 90.616(2)(c) provides that a court may not exclude a witness who is shown to be "essential." Further, the majority also correctly recognizes that "the burden is on the party seeking to avoid sequestration of a witness to demonstrate why the presence of the witness is essential." Majority op....

...der their presence essential. If such a reason were adequate to excuse a witness from the rule of sequestration, then all experts would be exempt from the rule. There is no authority for such a blanket exception to the rule of sequestration. Rather, section 90.616(2)(c) requires the party seeking an exception from the rule for its witness to "show" that the witness's presence is "essential to the presentation of the party's cause." As to the trial court's exercise of its discretion, the trial court failed to make any findings on whether Dr....

...avenue available" to the State to rebut the defense's evidence of mental mitigation through expert testimony. See Burns, 609 So.2d at 606. Moreover, the State did not and could not explain why Dr. McClaren's presence was essential as required under section 90.616(2)(c)....

...To avoid any error in the future, the trial court should follow several steps in considering whether to exempt an expert witness from the rule of sequestration to ensure that discretion is being exercised in a manner consistent with both the rule and section 90.616(2)(c)....

...Finally, once the trial court makes such a finding, it should then determine the portion of the testimony during which the presence of the witness is essential. Adherence to these guidelines, and a rejection of a blanket exception to the rule of sequestration, best serves to uphold the trial court's discretion, the rule, and section 90.616(2)(c)....

...without merit. Davis next argues that appellate counsel was ineffective for not raising on direct appeal that the trial court allowed, over objection, the mother of the victim to remain in the courtroom after testifying. This claim is without merit. Section 90.616, Florida Statutes (1995), provides an exception to the rule of sequestration for a minor child victim's parent, and Davis has been unable to establish how the trial judge abused his discretion in allowing the victim's mother to remain in the courtroom....

...at 606 (citation omitted) A main issue in the present case was Strausser's sanity at the time of the crime and the trial court may reasonably have concluded that Walczak's presence during Strausser's testimony was "essential to the presentation of the ... cause." § 90.616(2)(c), Fla.Stat....

...The purpose of the rule of sequestration is "to avoid a witness coloring his or her testimony by hearing the testimony of another," thereby discouraging "fabrication, inaccuracy and collusion." Charles W. Ehrhardt, Florida Evidence § 616.1, at 506 (1998 ed.). Section 90.616(2)(c), Florida Statutes (1997), allows an exception to the rule of sequestration for "[a] person whose presence is shown by the party's attorney to be essential to the presentation of the party's cause." This exception is applied most...

...surveillance, while the helicopter pilot only became involved at the end. Moreover, Smith's recitation of Detective Ojeda's trial testimony recounted the same subject matter in great detail. [9] Although Knight is correct that the 1990 enactment of section 90.616, a statutory rule of sequestration, superseded the common law standard of "sound judicial discretion" in determining whether a witness should be excepted from the rule, Randolph, 463 So.2d at 191, the trial court still has the discreti...

...the subpoena issued. (g) Subpoena of Minor. Any minor subpoenaed for testimony shall have the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor's testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor....

...DATED on (Name of Clerk) As Clerk of die Court By- As Deputy Clerk Attorney for Address Florida Bar No. Any minor subpoenaed for testimony shall have the right to be accompanied by a parent or guardian at all times during the taking of testimony notwitiistanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing tiiatthe presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor....

...(Name of Attorney) For the Court Attorney for Address Florida Bar No. Any minor subpoenaed for testimony shall have the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rale of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests oflhe parent or guardian are in actual or potential conflict with the interests of the minor....

...DATED on (Name of Clerk) As Clerk of the Court By_ As Deputy Clerk Attorney for Address Florida Bar No. Any minor subpoenaed for testimony shall have the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor....

...(Name of Attorney) For the Court Attorney for Address Florida Bar No. Any minor subpoenaed for testimony shall have the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor....

...(Name of Clerk) As Clerk of the Court By_ As Deputy Clerk Attorney for Address Florida Bar No. Any minor subpoenaed for testimony shall have the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor....

...(Name of Attorney) For the Court Attorney for Address Florida Bar No. Any minor subpoenaed for testimony shall have the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule ol'sequeslralion ofsection 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor....

...DATED on (Name of Clerk) As Clerk of the Court By_ As Deputy Clerk Attorney for Address Florida Bar No. Any minor subpoenaed for testimony shall have the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor....

...(Name of Attorney) For the Court Attorney for Address Florida Bar No. Any minor subpoenaed for testimony shall have the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor....

...Gagnon’s children were real parties in interest as statutory survivors in this wrongful death action with a right to attend trial. Tandem responds that under the sequestration rule, only Benjamin, as personal representative of the estate, was a “party” to whom the sequestration rule did not apply. § 90.616(2)(a), Fla. Stat. (2009). Furthermore, Tandem contends that the remaining adult children were allowed to remain in the courtroom following their respective testimony. The sequestration rule, articulated in section 90.616, Florida Statutes (2009), provides in part: (1) At the request of a party the court shall order, or upon its own motion the court may order, witnesses excluded from a proceeding so that they cannot hear the testimony of other witnesses except as provided in subsection (2)....

...(b) In a civil case, an officer or employee of a party that is not a natural person. The party’s attorney shall designate the officer or employee who shall be the party’s representative. (c) A person whose presence is shown by the party’s attorney to be essential to the presentation of the party’s cause. § 90.616(l)-(2), Fla. Stat. (2009). The rule of sequestration, when invoked, allows courts to exclude witnesses from the trial, but does not permit the court to exclude parties. § 90.616(1), (2)(a), Fla. Stat. (2009); see also J.R. v. State, 923 So.2d 1269,1276 (Fla. 1st DCA 2006). Accordingly, the dispositive question is whether Mrs. Gagnon’s other children were parties as contemplated by section 90.616, precluding their exclusion....

...s rebuttal witness after appellees concluded their case. First Union cited section 90.704 of the Florida Evidence Code, which permits an expert witness to base an opinion on facts or data made known to him or her at the trial. First Union also cited section 90.616(2)(c) of the Florida Evidence Code that a person whose presence is shown by the party's attorney to be essential to the presentation of the party's cause, should not be excluded from the courtroom by the witness-sequestration rule....

...proceedings and not to matters which should have been litigated and determined in the foreclosure action. [9] $5,000,000.00 less $124,953.00 equals $4,875.047.00, which is $111,440.00 less than the total mortgage indebtedness of $4,986,487.00. [10] § 90.616, Fla....

...A party may also arrange for a stenographic transcription at that party's own initial expense. (8) Any minor subpoenaed for testimony shall have the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor's testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor....

...SUBPOENA (a)-(g) [No change] (h) Subpoena of Minor. Any minor subpoenaed for testimony shall have the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor's testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor....

............................... Address Florida Bar No. ............ Any minor subpoenaed for testimony shall have the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor's testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor....

................................. Address Florida Bar No. .............. Any minor subpoenaed for testimony shall have the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor's testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor....

.................................. Address Florida Bar No. ............... Any minor subpoenaed for testimony shall have the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor's testimony, or *958 that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor....

................................. Address Florida Bar No. ............... Any minor subpoenaed for testimony shall have the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor's testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor....

................................. Address Florida Bar No. .............. Any minor subpoenaed for testimony shall have the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor's testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor....

............................... Address Florida Bar No. ............. Any minor subpoenaed for testimony shall have the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor's testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor....

.................................... Address Florida Bar No. ................. Any minor subpoenaed for testimony shall have the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor's testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor....

.............................. Address Florida Bar No. ............ Any minor subpoenaed for testimony shall have the right to be accompanied by a parent or guardian at all times during *961 the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor's testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor....

...ness’s testimony by that heard from other witnesses, but that the rule is not an absolute that must be invoked at the mere request of counsel. See Randolph v. State, 463 So.2d 186,191 (Fla.1984) (citing Spencer v. State, 133 So.2d 729 (Fla.1961)). Section 90.616(2)(c), Florida Statutes (1997), allows an exception when a witness’s presence is shown by the party’s attorney to be essential to the presentation of the party’s cause, and the trial court has wide discre *752 tion in making that determination....

...The trial court disagreed and ordered L.E.D.’s mother to be sequestered until she was called as a witness by the defense. L.E.D. argues that the trial court should not have sequestered her mother throughout the presentation of the state’s case. We agree. Section 90.616, Florida Statutes (2009), provides: (1) At the request of a party the court shall order, or upon its own motion the court may order, witnesses excluded from a proceeding so that they cannot hear the testimony of other witnesses except...

...our. In addition, two alternate jurors were chosen. B. The Guilt Phase The trial commenced on January 9, 2012. Larkin invoked the rule to exclude witnesses from the courtroom, and the jury was sworn in. See § 90.616, Fla....

...We find no error in the trial court’s conclusion. Due Process Appellant asserts two instances of denied due process. We address each in turn. Rule of Sequestration The trial judge applied section 90.616, Florida Statutes (“Rule of Sequestration”) to Appellant’s expert witness, neuropsychologist, Jason Demery, Ph.D., and required him to remain outside the courtroom prior to testifying. Appellant, citing section 90.616(2)(c), asserted his expert was essential to the presentation of his case and should have been permitted to remain in the courtroom prior to giving testimony. Trial courts are afforded wide discretion in determining which witnesses are “essential” and exempt from the Rule....

...We review a trial court’s decision to allow a witness to be excluded from the rule of sequestration for an abuse of discretion. Gore v. State, 599 So. 2d 978, 986 (Fla. 1992). The Florida Rule of Evidence regarding witness sequestration is codified at section 90.616, Florida Statutes (2018), and titled “Exclusion of Witnesses.” Section 90.616(1) provides: “At the request of a party the court shall order, or upon its own motion the court may order, witnesses excluded from a proceeding so that they cannot hear the testimony of other witnesses except as provided in subsection (2).” (emphasis added). Section 90.616(2)(d) provides, in pertinent part, “[a] witness may not be excluded if the witness is … the victim of the crime, the victim’s next of kin, the parent or guardian of a minor child victim, or a lawful representative of such person, unless, upon motion, the court determines such person’s presence to be prejudicial.” § 90.616(2)(d), Fla....

...4th DCA 2015) (“[T]he statements of counsel during opening statements and closing arguments are not evidence, and the jury is told that the statements of the lawyers are not evidence pursuant to the Florida Standard Jury Instructions.”). Nevertheless, under section 90.616(2), the trial court properly could have allowed the victim to remain in the courtroom during the entire trial, unless it determined prejudice to the defense would result....

...(f) [NO CHANGE] (g) Subpoena of Minor. Any minor subpoenaed for testimony shall havehas the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian...

...A party may also arrange for a stenographic transcription at that party’s own initial expense. (8) Any minor subpoenaed for testimony shall havehas the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian...

...commission to the court of issuance. (h) Subpoena of Minor. Any minor subpoenaed for testimony shall havehas the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian...

........(E-mail address(es))..... Florida Bar No. .......... Any minor subpoenaed for testimony shall havehas the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian...

........(E-mail address(es))..... Florida Bar No. .......... Any minor subpoenaed for testimony shall havehas the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian...

........(E-mail address(es))..... Florida Bar No. .......... Any minor subpoenaed for testimony shall havehas the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian...

........(E-mail address(es))..... Florida Bar No. .......... Any minor subpoenaed for testimony shall havehas the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian...

........(E-mail address(es))..... Florida Bar No. .......... Any minor subpoenaed for testimony shall havehas the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian...

........(E-mail address(es))..... Florida Bar No. .......... Any minor subpoenaed for testimony shall havehas the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian...

........(E-mail address(es))..... Florida Bar No. .......... Any minor subpoenaed for testimony shall havehas the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian...

........(E-mail address(es))..... Florida Bar No. .......... Any minor subpoenaed for testimony shall havehas the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian...

the accused. See Art. I, § 16(b), Fla. Const.; § 90.616(2)(d), Fla. Stat. (1999). While next-of-kin have

...Another matter requires brief discussion, namely, the trial court’s permitting an expert witness to sit at counsel table throughout trial after the individual had been introduced as appellee’s corporate representative. Said individual, as reflected by the record, was neither an officer nor an employee of appellee, and section 90.616(2)(b), Florida Statutes (1991), clearly provides that in civil cases, the representative of a party that is not a natural person must be *713 an officer or employee to prevent exclusion....

...See §§ 775.082(2) & 794.011(2)(a), Fla. Stat.; Kennedy v. Louisiana, 554 U.S. 407 , 128 S.Ct. 2641 , 171 L.Ed.2d 525 (2008). . The mother could have been present for the child’s testimony unless the trial court determined that her presence was prejudicial. § 90.616(2)(d), Fla....

...complain that their rights were violated). • II. At issue is whether the rule of sequestration authorized the trial judge 2 to exclude J.R.’s mother from the courtroom because she was listed as a defense witness. Commonly called “the rule,” section 90.616, Florida Statutes (2004), provides: (1) At the request of a party the court shall order, or upon its own motion the court may order, witnesses excluded from a proceeding so that they cannot hear the testimony of other witnesses except as provided in subsection (2)....

...(d) In a criminal case, the victim of the crime, the victim’s next of kin, the parent or guardian of a minor child victim, or a lawful representative of such person, unless, upon motion, the court determines such person’s presence to be prejudicial. *1272 “If sequestration is invoked, section 90.616(2) provides that four categories of witnesses ... [including parties] may remain in the courtroom and also testify during the trial or hearing.” Charles W. Ehrhardt, Florida Evidence § 616.1, at 596 (2004 ed.). III. If J.R.’s mother was a “party who is a natural person,” § 90.616(2)(a), Fla....

...t instead is the exclusion of witnesses”). We hold that J.R.’s mother was herself a party to her child’s delinquency proceedings, and that, even though she was listed as a witness, the trial court erred in excluding her from the courtroom. See § 90.616(2)(a), Fla....

...Reversed and remanded. PADOVANO and BROWNING, JJ., concur. . Eventually, the defense called her as an alibi and character witness, after which she was permitted to remain in the courtroom to hear her son's testimony. . The trial judge excluded her on his own motion. "Section 90.616 adopts the view of Federal Rule 615 that sequestration is de-mandable as a matter of right. If a party does not request that the witnesses be excluded, the court has the discretion to do so on its own motion. Section 90.616 has superseded the decisions which adopted' the view that whether sequestration should be invoked is a matter for the discretion of the trial judge." Charles W....

...(8) Any minor subpoenaed for testimony has the right to be accompanied by a parent, guardian, guardian ad litem, or attorney ad litem at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor....

... (h) Subpoena of Minor. Any minor subpoenaed for testimony has the right to be accompanied by a parent, guardian, guardian ad litem, or attorney ad litem at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor....

...r witnesses, prior to her testimony. Because the mother was not excluded from the courtroom during any portion of the prosecution’s case, and was absent only during counsels’ brief argument on a pretrial motion, we find any error to be harmless. Section 90.616, Florida Statutes (2009), provides: (1) At the request of a party the court shall order, or upon its own motion the court may order, witnesses excluded from a proceeding so that they cannot hear the testimony of other witnesses except...

...When the guardian ad litem gave her report, cross-examination by the parties should have been allowed. At the start of the hearing, the daughter invoked the rule of exclusion of witnesses. The trial court denied that request. The request should have been granted. The Evidence Code provides: 90.616 Exclusion of witnesses....

...(d) In a criminal case, the victim of the crime, the victim's next of kin, the parent or guardian of a minor child victim, or a lawful representative of such person, unless, upon motion, the court determines such person's presence to be prejudicial. § 90.616, Fla. Stat. (2008) (emphasis added). The parties, of course, were not subject to exclusion. Id. § 90.616(2)(a)....

...Prior to opening statements, the trial court considered Harris’s motion in limine and ruled that Dr. Lang was not permitted to testify as to new opinions that were not included in his CME report. Thereafter, Harris invoked the sequestration rule set forth in section 90.616 of the Florida Statutes....

...The Commission held a hearing to address FPL’s petition on July 28, 2015—despite the filing of the proposed settlement agreement, which it decided to address at a later date. At the outset of the July 28, 2015, hearing on the petition, FIPUG invoked the rule of sequestration of witnesses, pursuant to section 90.616, Florida Statutes (2015), but the Commission denied the request, finding that it had discretion as to whether to apply the rule in its proceedings....

...August 27, 2015, entering its final order on September 23, 2015. -2-  FIPUG now appeals on the sole issue that the Commission erred in not sequestering the witnesses after FIPUG made its request for sequestration under section 90.616, Florida Statutes (2015). II. ANALYSIS In this case, the Commission concluded that because the hearing below was an administrative proceeding, it had discretion as to whether to apply section 90.616. Accordingly, it denied the request to invoke the rule of sequestration. Whether section 90.616 applies to administrative proceedings is a pure question of law, subject to de novo review. See W. Fla. Reg’l Med. Ctr., Inc. v. See, 79 So. 3d 1, 8 (Fla. 2012) (finding statutory interpretation to be a question of law, subject to de novo review). Section 90.616 reads in its entirety: 90.616 Exclusion of witnesses.— (1) At the request of a party the court shall order, or upon its own motion the court may order, witnesses excluded from a proceeding so that they cannot hear the testimony of other witnesses...

...of kin, the parent or guardian of a minor child victim, or a lawful representative of such person, unless, upon motion, the court determines such person’s presence to be prejudicial. -3- § 90.616, Fla....

...§ 90.103, Fla. Stat. (2015). Under subsection (1), the Florida Evidence Code applies to the same proceedings to which the general law of evidence applied before July 1, 1979.2 1. See Hernandez v. State, 4 So. 3d 642, 662-63 (Fla. 2009) (“[S]ection 90.616 adopts the view that sequestration is demandable as a matter of right.”). 2....

...However, even the language of that rule clarifies that the rules of evidence are only generally applicable and can be modified based on the Commission’s discretion. The OPC also cites an order from the Commission—issued after the enactment of the Evidence Code and section 90.616 in particular—that reads, “[I]t is important to note that the Commission does rely on and follow the Florida Evidence Code and the Florida Rules of Civil Procedure in proceedings before it.” In re: Application for a Rate Increase by Gen....

...scope to only those proceedings that were pending on or brought after October 1, 1981. Accordingly, we find that the Commission did not err in finding that it has discretion regarding whether to apply the Florida Evidence Code—including the rule of sequestration found in section 90.616, Florida Statutes—in its administrative proceedings. Administrative proceedings are instead governed by chapter 120, Florida Statutes, known as the Administrative Procedure Act (APA)....

...CONCLUSION Based on sections 90.103(1) and 120.569(2)(g), Florida Statutes, we find that the Florida Evidence Code is not applicable to administrative proceedings. Therefore, as the Commission ruled in this case, it has the discretion to refuse to apply the rule of sequestration, codified in section 90.616, Florida Statutes, during its proceedings....

...We review a trial court’s decision to allow a witness to be excluded from the rule of sequestration for an abuse of discretion. Gore v. State, 599 So.2d 978, 986 (Fla. 1992). At a party’s request, the court must order witnesses excluded from the courtroom to prevent them from hearing the testimony of other witnesses. § 90.616(1), Fla....

...wed to remain in the courtroom.” Id. In criminal cases, a witness that is the victim, the victim’s next of kin, or a lawful representative of such person may not be excluded unless the court determines such person’s presence to be prejudicial. § 90.616(2)(d)....

...There was no actual proof that the mother’s rights had been terminated. Nevertheless, the court acknowledged that the victim was still her biological mother and the Constitution gave her the right to be present. The trial court ruled in accordance with section 90.616(2)(d)....

Fla. Const. This right has been codified in section 90.616(2)(d), Florida Statutes (2017), which provides

...(f) [NO CHANGE] (g) Subpoena of Minor. Any minor subpoenaed for testimony shall havehas the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian...

...Florida case law has generally set forth the same guidelines which are set out in the federal rule of sequestration found in Rule 615, Federal Rules of Evidence. In 1990, the Florida legislature codified the case law and essentially adopted the federal rule by enacting section 90.616, Florida Statutes (Supp.1990). Section 90.616 provides that upon the request of a party the court shall exclude all witnesses unless the witness is a party or corporate representative of a party, or if the witness’ presence is shown “to be essential to the presentation of the...