THE BILL ITSELF
SB 1202
Eyewitness Identification
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.
35
Be It Enacted by the Legislature of the State of Florida:
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 .
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.