S 1202

Florida Senate - 2026  SB 1202
By Senator Truenow
13-01237-26  20261202__
1A bill to be entitled
2An act relating to eyewitness identification; amending
3s. 92.70, F.S.; defining terms; revising eyewitness
4identification procedures; requiring a law enforcement
5officer to record, as completely as possible, an
6eyewitness’s description of the possible perpetrator
7of a crime and include the description in the offense
8report; requiring that such description include
9specified details; requiring a law enforcement officer
10or agency to have an evidence-based reason to include
11a suspect in a lineup; providing that if facial
12recognition technology is used to identify a suspect,
13a lineup may not be conducted unless certain
14conditions are met; specifying the composition of a
15lineup; requiring that the photograph used in a lineup
16and the procedures of the lineup meet certain
17criteria; limiting the number of identification
18procedures that may be conducted as to certain
19persons; requiring a law enforcement officer or agency
20to make efforts to perform a lineup rather than use a
21show-up or a first-time-in-court identification;
22specifying the circumstances in which a show-up or in
23court identification may be performed; requiring that
24certain instructions be given to an eyewitness before
25any identification procedure; revising such
26instructions; requiring a lineup administrator to
27document any identification or nonidentification in a
28specified manner; requiring audio and video recording
29of all identification procedures; providing an
30exception; authorizing certain attorneys to be present
31at a lineup; specifying the permissible conduct of
32such attorneys during the lineup; providing an
33effective date.
34
35Be It Enacted by the Legislature of the State of Florida:
36
37Section 1. Subsections (2) and (3) of section 92.70,
38Florida Statutes, are amended to read:
3992.70 Eyewitness identification.—
40(2) DEFINITIONS.—As used in this section, the term:
41(a) “Eyewitness” means a person whose identification by
42sight of another person may be relevant in a criminal
43proceeding.
44(b)“Facial recognition technology” means an automated or
45semiautomated tool that captures biometric information, analyzes
46facial features, and is used for identification, verification,
47or tracking the location of an individual. The term does not
48include the use of search terms to sort images in a database.
49(c)“Filler” means a person or a photograph of a person who
50is not suspected of a crime under investigation and is included
51in an identification procedure.
52(d)“Identification procedure” means a live lineup, photo
53lineup, or show-up.
54(e)[(b)] “Independent administrator” means a person who is
55not participating in the investigation of a criminal offense and
56is 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
59a lineup.
60(h)[(e)] “Live lineup” means a procedure in which a group of
61people is displayed to an eyewitness for the purpose of
62determining if the eyewitness can identify the perpetrator of a
63crime.
64(i)[(f)] “Photo lineup” means a procedure in which an array
65of photographs is displayed to an eyewitness for the purpose of
66determining if the eyewitness can identify the perpetrator of a
67crime.
68(j)“Show-up” means a procedure in which an eyewitness is
69presented with a single suspect for the purpose of determining
70whether the eyewitness identifies the person as the perpetrator
71of a crime.
72(3) EYEWITNESS IDENTIFICATION PROCEDURES.—A lineup
73conducted in this state by a state, county, municipal, or other
74law enforcement agency must meet all of the following
75requirements:
76(a) The lineup must be conducted by an independent
77administrator. However, in lieu of using an independent
78administrator, a law enforcement agency may conduct a photo
79lineup eyewitness identification procedure using an alternative
80method specified in subparagraph 1., subparagraph 2., or
81subparagraph 3. Any alternative method must be carefully
82structured to achieve neutral administration and to prevent the
83lineup administrator from knowing which photograph is being
84presented to the eyewitness during the identification procedure.
85Alternative methods may include any of the following:
861. An automated computer program that can automatically
87administer the photo lineup directly to an eyewitness and
88prevent the lineup administrator from seeing which photograph
89the eyewitness is viewing until after the procedure is
90completed.
912. A procedure in which photographs are placed in folders,
92randomly numbered, and shuffled and then presented to an
93eyewitness such that the lineup administrator cannot see or
94track which photograph is being presented to the eyewitness
95until after the procedure is completed.
963. Any other procedure that achieves neutral administration
97and prevents the lineup administrator from knowing which
98photograph is being presented to the eyewitness during the
99identification procedure.
100(b)Before an identification procedure, a law enforcement
101officer shall record a description as complete as possible of
102the perpetrator of a crime, provided by the eyewitness in the
103eyewitness’s own words, and shall include the description in the
104offense report. This statement must also include, from the
105eyewitness’s point of view, information regarding the conditions
106under which the eyewitness observed the perpetrator, including
107location, time, distance, obstructions, lighting, weather
108conditions, and other impairments, including, but not limited
109to, alcohol, drugs, stress, and visual or auditory disabilities.
110(c)To include a suspect in a lineup, a law enforcement
111officer or agency must have an evidence-based reason to believe
112that such suspect committed the crime under investigation. If
113facial recognition technology is used to identify a suspect, a
114law enforcement officer or agency may not conduct a lineup
115unless there is a basis, independent of the use of facial
116recognition technology, to support a belief that the suspect
117committed the crime under investigation.
118(d)A lineup must be composed of the suspect and at least
119five fillers who generally resemble the eyewitness’s description
120of the perpetrator, and the law enforcement officer or agency
121shall ensure that the suspect does not stand out from the
122fillers in appearance. The photograph of the suspect that is
123included in a photo lineup must be contemporary and must
124resemble the suspect’s appearance at the time of the crime under
125investigation. The photographs and the background context in
126which such photographs are placed must be free from any
127characteristics that make any photograph stand out.
1281.If there is more than one suspect, only one suspect may
129be included in each identification procedure. If the eyewitness
130has previously viewed a lineup in connection with the
131identification of another person suspected of involvement in the
132crime under investigation, the fillers in the lineup in which
133the current suspect is included must be different from the
134fillers used in any prior lineups.
1352.If there are multiple eyewitnesses to a crime under
136investigation, each eyewitness must view the identification
137procedure separately and the suspect must be placed in a
138different position in the lineup for each eyewitness.
1393.Only one identification procedure involving the same
140eyewitness and suspect may be conducted.
141(e)A law enforcement officer or agency shall make efforts
142to perform a lineup instead of a show-up or a first-time-in
143court identification.
1441.Show-ups may only be performed using a live suspect and
145only in exigent circumstances that require the immediate display
146of a suspect to an eyewitness close to the time and place of the
147crime scene. In the event of a show-up, the eyewitness must be
148transported to a neutral, non-law enforcement location where the
149suspect is detained for the purpose of the show-up. Unless
150impractical, a show-up may not be conducted when the suspect is
151in a patrol car, noticeably handcuffed, or physically restrained
152by officers.
1532.An eyewitness may not identify the defendant for the
154first time in court unless the prosecutor provides a good reason
155for the failure to conduct an out-of-court identification
156procedure. A relationship of close familiarity which minimizes
157the risk of misidentification, such as that of an immediate
158family member, a close friend, or a daily coworker, constitutes
159a good reason.
160(f)[(b)] Before an identification procedure [a lineup], the
161eyewitness must be instructed that:
1621. The perpetrator might or might not be in the lineup or,
163in the case of a show-up, might or might not be the person that
164is presented to the eyewitness;
1652. The lineup administrator does not know the suspect’s
166identity, except that this instruction need not be given when a
167specified and approved alternative method of neutral
168administration is used;
1693. The eyewitness must [should] not feel compelled to make an
170identification;
1714. It is as important to exclude innocent persons as it is
172to identify the perpetrator; [and]
1735. The investigation will continue with or without an
174identification;
1756.After an identification, the administrator will ask the
176eyewitness to state, in his or her own words, how certain he or
177she is of the identification; and
1787.The eyewitness may not discuss the identification
179procedure or results with any other eyewitnesses involved in the
180investigation and may not speak with the media about such
181identification procedure.
182
183The eyewitness shall acknowledge, in writing, having received a
184copy of the lineup instructions. If the eyewitness refuses to
185sign a document acknowledging receipt of the instructions, the
186lineup administrator must document the refusal of the eyewitness
187to sign a document acknowledging receipt of the instructions,
188and the lineup administrator must sign the acknowledgment
189document himself or herself.
190(g)After an identification procedure, the lineup
191administrator shall document any identification or
192nonidentification. Such documentation must include a clear
193statement from the eyewitness, at the time of the identification
194and in the eyewitness’s own words, as to the eyewitness’s
195confidence level that the person he or she identified is the
196perpetrator of the crime under investigation.
197(h)All identification procedures must be captured by audio
198and video recording unless visual recording is unavailable, in
199which case the recording of audio alone is permissible.
200(i)The prosecuting attorney and the suspect’s attorney may
201be present during a lineup to observe the manner in which the
202lineup is conducted. Such persons must be out of the view of the
203eyewitness and must be instructed to remain silent during the
204procedure and to refrain from exercising any influence on the
205procedure.
206Section 2. This act shall take effect July 1, 2026.