Florida Senate - 2026 SB 1202 By Senator Truenow 13-01237-26 20261202__ Page 1 of 8 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to eyewitness identification; amending 2 s. 92.70, F.S.; defining terms; revising eyewitness 3 identification procedures; requiring a law enforcement 4 officer to record, as completely as possible, an 5 eyewitness’s description of the possible perpetrator 6 of a crime and include the description in the offense 7 report; requiring that such description include 8 specified details; requiring a law enforcement officer 9 or agency to have an evidence-based reason to include 10 a suspect in a lineup; providing that if facial 11 recognition technology is used to identify a suspect, 12 a lineup may not be conducted unless certain 13 conditions are met; specifying the composition of a 14 lineup; requiring that the photograph used in a lineup 15 and the procedures of the lineup meet certain 16 criteria; limiting the number of identification 17 procedures that may be conducted as to certain 18 persons; requiring a law enforcement officer or agency 19 to make efforts to perform a lineup rather than use a 20 show-up or a first-time-in-court identification; 21 specifying the circumstances in which a show-up or in-22 court identification may be performed; requiring that 23 certain instructions be given to an eyewitness before 24 any identification procedure; revising such 25 instructions; requiring a lineup administrator to 26 document any identification or nonidentification in a 27 specified manner; requiring audio and video recording 28 of all identification procedures; providing an 29

Florida Senate - 2026 SB 1202 13-01237-26 20261202__ Page 2 of 8 CODING: Words stricken are deletions; words underlined are additions. exception; authorizing certain attorneys to be present 30 at a lineup; specifying the permissible conduct of 31 such attorneys during the lineup; providing an 32 effective date. 33 34 Be It Enacted by the Legislature of the State of Florida: 35 36

Section 1. Subsections (2) and (3) of

section 92.70, 37 Florida Statutes, are amended to read: 38 92.70 Eyewitness identification.— 39

(2) DEFINITIONS.—As used in this section, the term: 40 (a) “Eyewitness” means a person whose identification by 41 sight of another person may be relevant in a criminal 42 proceeding. 43 (b) “Facial recognition technology” means an automated or 44 semiautomated tool that captures biometric information, analyzes 45 facial features, and is used for identification, verification, 46 or tracking the location of an individual.

The term does not 47 include the use of search terms to sort images in a database. 48 (c) “Filler” means a person or a photograph of a person who 49 is not suspected of a crime under investigation and is included 50 in an identification procedure. 51 (d) “Identification procedure” means a live lineup, photo 52 lineup, or show-up. 53 (e)(b) “Independent administrator” means a person who is 54 not participating in the investigation of a criminal offense and 55 is unaware of which person in the lineup is the suspect. 56 (f)(c) “Lineup” means a photo lineup or live lineup. 57 (g)(d) “Lineup administrator” means the person who conducts 58

Florida Senate - 2026 SB 1202 13-01237-26 20261202__ Page 3 of 8 CODING: Words stricken are deletions; words underlined are additions. a lineup. 59 (h)(e) “Live lineup” means a procedure in which a group of 60 people is displayed to an eyewitness for the purpose of 61 determining if the eyewitness can identify the perpetrator of a 62 crime. 63 (i)(f) “Photo lineup” means a procedure in which an array 64 of photographs is displayed to an eyewitness for the purpose of 65 determining if the eyewitness can identify the perpetrator of a 66 crime. 67 (j) “Show-up” means a procedure in which an eyewitness is 68 presented with a single suspect for the purpose of determining 69 whether the eyewitness identifies the person as the perpetrator 70 of a crime. 71

(3) EYEWITNESS IDENTIFICATION PROCEDURES.—A lineup 72 conducted in this state by a state, county, municipal, or other 73 law enforcement agency must meet all of the following 74 requirements: 75 (

a) The lineup must be conducted by an independent 76 administrator. However, in lieu of using an independent 77 administrator, a law enforcement agency may conduct a photo 78 lineup eyewitness identification procedure using an alternative 79 method specified in subparagraph 1., subparagraph 2., or 80 subparagraph 3. Any alternative method must be carefully 81 structured to achieve neutral administration and to prevent the 82 lineup administrator from knowing which photograph is being 83 presented to the eyewitness during the identification procedure. 84 Alternative methods may include any of the following: 85 1.

An automated computer program that can automatically 86 administer the photo lineup directly to an eyewitness and 87

Florida Senate - 2026 SB 1202 13-01237-26 20261202__ Page 4 of 8 CODING: Words stricken are deletions; words underlined are additions. prevent the lineup administrator from seeing which photograph 88 the eyewitness is viewing until after the procedure is 89 completed. 90 2. A procedure in which photographs are placed in folders, 91 randomly numbered, and shuffled and then presented to an 92 eyewitness such that the lineup administrator cannot see or 93 track which photograph is being presented to the eyewitness 94 until after the procedure is completed. 95 3.

Any other procedure that achieves neutral administration 96 and prevents the lineup administrator from knowing which 97 photograph is being presented to the eyewitness during the 98 identification procedure. 99 (

b) Before an identification procedure, a law enforcement 100 officer shall record a description as complete as possible of 101 the perpetrator of a crime, provided by the eyewitness in the 102 eyewitness’s own words, and shall include the description in the 103 offense report. This statement must also include, from the 104 eyewitness’s point of view, information regarding the conditions 105 under which the eyewitness observed the perpetrator, including 106 location, time, distance, obstructions, lighting, weather 107 conditions, and other impairments, including, but not limited 108 to, alcohol, drugs, stress, and visual or auditory disabilities. 109 (

c) To include a suspect in a lineup, a law enforcement 110 officer or agency must have an evidence-based reason to believe 111 that such suspect committed the crime under investigation. If 112 facial recognition technology is used to identify a suspect, a 113 law enforcement officer or agency may not conduct a lineup 114 unless there is a basis, independent of the use of facial 115 recognition technology, to support a belief that the suspect 116

Florida Senate - 2026 SB 1202 13-01237-26 20261202__ Page 5 of 8 CODING: Words stricken are deletions; words underlined are additions. committed the crime under investigation. 117 (

d) A lineup must be composed of the suspect and at least 118 five fillers who generally resemble the eyewitness’s description 119 of the perpetrator, and the law enforcement officer or agency 120 shall ensure that the suspect does not stand out from the 121 fillers in appearance. The photograph of the suspect that is 122 included in a photo lineup must be contemporary and must 123 resemble the suspect’s appearance at the time of the crime under 124 investigation.

The photographs and the background context in 125 which such photographs are placed must be free from any 126 characteristics that make any photograph stand out. 127 1. If there is more than one suspect, only one suspect may 128 be included in each identification procedure. If the eyewitness 129 has previously viewed a lineup in connection with the 130 identification of another person suspected of involvement in the 131 crime under investigation, the fillers in the lineup in which 132 the current suspect is included must be different from the 133 fillers used in any prior lineups. 134 2.

If there are multiple eyewitnesses to a crime under 135 investigation, each eyewitness must view the identification 136 procedure separately and the suspect must be placed in a 137 different position in the lineup for each eyewitness. 138 3. Only one identification procedure involving the same 139 eyewitness and suspect may be conducted. 140 (

e) A law enforcement officer or agency shall make efforts 141 to perform a lineup instead of a show-up or a first-time-in-142 court identification. 143 1. Show-ups may only be performed using a live suspect and 144 only in exigent circumstances that require the immediate display 145

Florida Senate - 2026 SB 1202 13-01237-26 20261202__ Page 6 of 8 CODING: Words stricken are deletions; words underlined are additions. of a suspect to an eyewitness close to the time and place of the 146 crime scene. In the event of a show-up, the eyewitness must be 147 transported to a neutral, non-law enforcement location where the 148 suspect is detained for the purpose of the show-up. Unless 149 impractical, a show-up may not be conducted when the suspect is 150 in a patrol car, noticeably handcuffed, or physically restrained 151 by officers. 152 2.

An eyewitness may not identify the defendant for the 153 first time in court unless the prosecutor provides a good reason 154 for the failure to conduct an out-of-court identification 155 procedure. A relationship of close familiarity which minimizes 156 the risk of misidentification, such as that of an immediate 157 family member, a close friend, or a daily coworker, constitutes 158 a good reason. 159 (f)(

b) Before an identification procedure a lineup, the 160 eyewitness must be instructed that: 161 1. The perpetrator might or might not be in the lineup or, 162 in the case of a show-up, might or might not be the person that 163 is presented to the eyewitness; 164 2. The lineup administrator does not know the suspect’s 165 identity, except that this instruction need not be given when a 166 specified and approved alternative method of neutral 167 administration is used; 168 3. The eyewitness must should not feel compelled to make an 169 identification; 170 4.

It is as important to exclude innocent persons as it is 171 to identify the perpetrator; and 172 5. The investigation will continue with or without an 173 identification; 174

Florida Senate - 2026 SB 1202 13-01237-26 20261202__ Page 7 of 8 CODING: Words stricken are deletions; words underlined are additions. 6. After an identification, the administrator will ask the 175 eyewitness to state, in his or her own words, how certain he or 176 she is of the identification; and 177 7.

The eyewitness may not discuss the identification 178 procedure or results with any other eyewitnesses involved in the 179 investigation and may not speak with the media about such 180 identification procedure. 181 182 The eyewitness shall acknowledge, in writing, having received a 183 copy of the lineup instructions.

If the eyewitness refuses to 184 sign a document acknowledging receipt of the instructions, the 185 lineup administrator must document the refusal of the eyewitness 186 to sign a document acknowledging receipt of the instructions, 187 and the lineup administrator must sign the acknowledgment 188 document himself or herself. 189 (

g) After an identification procedure, the lineup 190 administrator shall document any identification or 191 nonidentification. Such documentation must include a clear 192 statement from the eyewitness, at the time of the identification 193 and in the eyewitness’s own words, as to the eyewitness’s 194 confidence level that the person he or she identified is the 195 perpetrator of the crime under investigation. 196 (

h) All identification procedures must be captured by audio 197 and video recording unless visual recording is unavailable, in 198 which case the recording of audio alone is permissible. 199 (

i) The prosecuting attorney and the suspect’s attorney may 200 be present during a lineup to observe the manner in which the 201 lineup is conducted. Such persons must be out of the view of the 202 eyewitness and must be instructed to remain silent during the 203

Florida Senate - 2026 SB 1202 13-01237-26 20261202__ Page 8 of 8 CODING: Words stricken are deletions; words underlined are additions. procedure and to refrain from exercising any influence on the 204 procedure. 205

Section 2. This act shall take effect July 1, 2026. 206