Florida Senate - 2026 SB 1202
By Senator Truenow
13-01237-26 20261202__
1 A bill to be entitled
2 An act relating to eyewitness identification; amending
3 s. 92.70, F.S.; defining terms; revising eyewitness
4 identification procedures; requiring a law enforcement
5 officer to record, as completely as possible, an
6 eyewitness’s description of the possible perpetrator
7 of a crime and include the description in the offense
8 report; requiring that such description include
9 specified details; requiring a law enforcement officer
10 or agency to have an evidence-based reason to include
11 a suspect in a lineup; providing that if facial
12 recognition technology is used to identify a suspect,
13 a lineup may not be conducted unless certain
14 conditions are met; specifying the composition of a
15 lineup; requiring that the photograph used in a lineup
16 and the procedures of the lineup meet certain
17 criteria; limiting the number of identification
18 procedures that may be conducted as to certain
19 persons; requiring a law enforcement officer or agency
20 to make efforts to perform a lineup rather than use a
21 show-up or a first-time-in-court identification;
22 specifying the circumstances in which a show-up or in
23 court identification may be performed; requiring that
24 certain instructions be given to an eyewitness before
25 any identification procedure; revising such
26 instructions; requiring a lineup administrator to
27 document any identification or nonidentification in a
28 specified manner; requiring audio and video recording
29 of all identification procedures; providing an
30 exception; authorizing certain attorneys to be present
31 at a lineup; specifying the permissible conduct of
32 such attorneys during the lineup; providing an
33 effective date.
34
35 Be It Enacted by the Legislature of the State of Florida:
36
37 Section 1. Subsections (2) and (3) of section 92.70,
38 Florida Statutes, are amended to read:
39 92.70 Eyewitness identification.—
40 (2) DEFINITIONS.—As used in this section, the term:
41 (a) “Eyewitness” means a person whose identification by
42 sight of another person may be relevant in a criminal
43 proceeding.
44 (b) “Facial recognition technology” means an automated or
45 semiautomated tool that captures biometric information, analyzes
46 facial features, and is used for identification, verification,
47 or tracking the location of an individual. The term does not
48 include the use of search terms to sort images in a database.
49 (c) “Filler” means a person or a photograph of a person who
50 is not suspected of a crime under investigation and is included
51 in an identification procedure.
52 (d) “Identification procedure” means a live lineup, photo
53 lineup, or show-up.
54 (e)(b) “Independent administrator” means a person who is
55 not participating in the investigation of a criminal offense and
56 is unaware of which person in the lineup is the suspect.
57 (f)(c) “Lineup” means a photo lineup or live lineup.
58 (g)(d) “Lineup administrator” means the person who conducts
59 a lineup.
60 (h)(e) “Live lineup” means a procedure in which a group of
61 people is displayed to an eyewitness for the purpose of
62 determining if the eyewitness can identify the perpetrator of a
63 crime.
64 (i)(f) “Photo lineup” means a procedure in which an array
65 of photographs is displayed to an eyewitness for the purpose of
66 determining if the eyewitness can identify the perpetrator of a
67 crime.
68 (j) “Show-up” means a procedure in which an eyewitness is
69 presented with a single suspect for the purpose of determining
70 whether the eyewitness identifies the person as the perpetrator
71 of a crime.
72 (3) EYEWITNESS IDENTIFICATION PROCEDURES.—A lineup
73 conducted in this state by a state, county, municipal, or other
74 law enforcement agency must meet all of the following
75 requirements:
76 (a) The lineup must be conducted by an independent
77 administrator. However, in lieu of using an independent
78 administrator, a law enforcement agency may conduct a photo
79 lineup eyewitness identification procedure using an alternative
80 method specified in subparagraph 1., subparagraph 2., or
81 subparagraph 3. Any alternative method must be carefully
82 structured to achieve neutral administration and to prevent the
83 lineup administrator from knowing which photograph is being
84 presented to the eyewitness during the identification procedure.
85 Alternative methods may include any of the following:
86 1. An automated computer program that can automatically
87 administer the photo lineup directly to an eyewitness and
88 prevent the lineup administrator from seeing which photograph
89 the eyewitness is viewing until after the procedure is
90 completed.
91 2. A procedure in which photographs are placed in folders,
92 randomly numbered, and shuffled and then presented to an
93 eyewitness such that the lineup administrator cannot see or
94 track which photograph is being presented to the eyewitness
95 until after the procedure is completed.
96 3. Any other procedure that achieves neutral administration
97 and prevents the lineup administrator from knowing which
98 photograph is being presented to the eyewitness during the
99 identification procedure.
100 (b) Before an identification procedure, a law enforcement
101 officer shall record a description as complete as possible of
102 the perpetrator of a crime, provided by the eyewitness in the
103 eyewitness’s own words, and shall include the description in the
104 offense report. This statement must also include, from the
105 eyewitness’s point of view, information regarding the conditions
106 under which the eyewitness observed the perpetrator, including
107 location, time, distance, obstructions, lighting, weather
108 conditions, and other impairments, including, but not limited
109 to, alcohol, drugs, stress, and visual or auditory disabilities.
110 (c) To include a suspect in a lineup, a law enforcement
111 officer or agency must have an evidence-based reason to believe
112 that such suspect committed the crime under investigation. If
113 facial recognition technology is used to identify a suspect, a
114 law enforcement officer or agency may not conduct a lineup
115 unless there is a basis, independent of the use of facial
116 recognition technology, to support a belief that the suspect
117 committed the crime under investigation.
118 (d) A lineup must be composed of the suspect and at least
119 five fillers who generally resemble the eyewitness’s description
120 of the perpetrator, and the law enforcement officer or agency
121 shall ensure that the suspect does not stand out from the
122 fillers in appearance. The photograph of the suspect that is
123 included in a photo lineup must be contemporary and must
124 resemble the suspect’s appearance at the time of the crime under
125 investigation. The photographs and the background context in
126 which such photographs are placed must be free from any
127 characteristics that make any photograph stand out.
128 1. If there is more than one suspect, only one suspect may
129 be included in each identification procedure. If the eyewitness
130 has previously viewed a lineup in connection with the
131 identification of another person suspected of involvement in the
132 crime under investigation, the fillers in the lineup in which
133 the current suspect is included must be different from the
134 fillers used in any prior lineups.
135 2. If there are multiple eyewitnesses to a crime under
136 investigation, each eyewitness must view the identification
137 procedure separately and the suspect must be placed in a
138 different position in the lineup for each eyewitness.
139 3. Only one identification procedure involving the same
140 eyewitness and suspect may be conducted.
141 (e) A law enforcement officer or agency shall make efforts
142 to perform a lineup instead of a show-up or a first-time-in
143 court identification.
144 1. Show-ups may only be performed using a live suspect and
145 only in exigent circumstances that require the immediate display
146 of a suspect to an eyewitness close to the time and place of the
147 crime scene. In the event of a show-up, the eyewitness must be
148 transported to a neutral, non-law enforcement location where the
149 suspect is detained for the purpose of the show-up. Unless
150 impractical, a show-up may not be conducted when the suspect is
151 in a patrol car, noticeably handcuffed, or physically restrained
152 by officers.
153 2. An eyewitness may not identify the defendant for the
154 first time in court unless the prosecutor provides a good reason
155 for the failure to conduct an out-of-court identification
156 procedure. A relationship of close familiarity which minimizes
157 the risk of misidentification, such as that of an immediate
158 family member, a close friend, or a daily coworker, constitutes
159 a good reason.
160 (f)(b) Before an identification procedure a lineup, the
161 eyewitness must be instructed that:
162 1. The perpetrator might or might not be in the lineup or,
163 in the case of a show-up, might or might not be the person that
164 is presented to the eyewitness;
165 2. The lineup administrator does not know the suspect’s
166 identity, except that this instruction need not be given when a
167 specified and approved alternative method of neutral
168 administration is used;
169 3. The eyewitness must should not feel compelled to make an
170 identification;
171 4. It is as important to exclude innocent persons as it is
172 to identify the perpetrator; and
173 5. The investigation will continue with or without an
174 identification;
175 6. After an identification, the administrator will ask the
176 eyewitness to state, in his or her own words, how certain he or
177 she is of the identification; and
178 7. The eyewitness may not discuss the identification
179 procedure or results with any other eyewitnesses involved in the
180 investigation and may not speak with the media about such
181 identification procedure.
182
183 The eyewitness shall acknowledge, in writing, having received a
184 copy of the lineup instructions. If the eyewitness refuses to
185 sign a document acknowledging receipt of the instructions, the
186 lineup administrator must document the refusal of the eyewitness
187 to sign a document acknowledging receipt of the instructions,
188 and the lineup administrator must sign the acknowledgment
189 document himself or herself.
190 (g) After an identification procedure, the lineup
191 administrator shall document any identification or
192 nonidentification. Such documentation must include a clear
193 statement from the eyewitness, at the time of the identification
194 and in the eyewitness’s own words, as to the eyewitness’s
195 confidence level that the person he or she identified is the
196 perpetrator of the crime under investigation.
197 (h) All identification procedures must be captured by audio
198 and video recording unless visual recording is unavailable, in
199 which case the recording of audio alone is permissible.
200 (i) The prosecuting attorney and the suspect’s attorney may
201 be present during a lineup to observe the manner in which the
202 lineup is conducted. Such persons must be out of the view of the
203 eyewitness and must be instructed to remain silent during the
204 procedure and to refrain from exercising any influence on the
205 procedure.
206 Section 2. This act shall take effect July 1, 2026.