Fla. Stat. 92.70
Eyewitness identification

(1)

SHORT TITLE.—This section may be cited as the “Eyewitness Identification Reform Act.”

(2)

DEFINITIONS.—As used in this section, the term:“Eyewitness” means a person whose identification by sight of another person may be relevant in a criminal proceeding.“Independent administrator” means a person who is not participating in the investigation of a criminal offense and is unaware of which person in the lineup is the suspect.“Lineup” means a photo lineup or live lineup.“Lineup administrator” means the person who conducts a lineup.“Live lineup” means a procedure in which a group of people is displayed to an eyewitness for the purpose of determining if the eyewitness can identify the perpetrator of a crime.“Photo lineup” means a procedure in which an array of photographs is displayed to an eyewitness for the purpose of determining if the eyewitness can identify the perpetrator of a crime.

(a)

“Eyewitness” means a person whose identification by sight of another person may be relevant in a criminal proceeding.

(b)

“Independent administrator” means a person who is not participating in the investigation of a criminal offense and is unaware of which person in the lineup is the suspect.

(c)

“Lineup” means a photo lineup or live lineup.

(d)

“Lineup administrator” means the person who conducts a lineup.

(e)

“Live lineup” means a procedure in which a group of people is displayed to an eyewitness for the purpose of determining if the eyewitness can identify the perpetrator of a crime.

(f)

“Photo lineup” means a procedure in which an array of photographs is displayed to an eyewitness for the purpose of determining if the eyewitness can identify the perpetrator of a crime.

(3)

EYEWITNESS IDENTIFICATION PROCEDURES.—A lineup conducted in this state by a state, county, municipal, or other law enforcement agency must meet all of the following requirements:The lineup must be conducted by an independent administrator. However, in lieu of using an independent administrator, a law enforcement agency may conduct a photo lineup eyewitness identification procedure using an alternative method specified in subparagraph 1., subparagraph 2., or subparagraph 3. Any alternative method must be carefully structured to achieve neutral administration and to prevent the lineup administrator from knowing which photograph is being presented to the eyewitness during the identification procedure. Alternative methods may include any of the following:
An automated computer program that can automatically administer the photo lineup directly to an eyewitness and prevent the lineup administrator from seeing which photograph the eyewitness is viewing until after the procedure is completed.
A procedure in which photographs are placed in folders, randomly numbered, and shuffled and then presented to an eyewitness such that the lineup administrator cannot see or track which photograph is being presented to the eyewitness until after the procedure is completed.
Any other procedure that achieves neutral administration and prevents the lineup administrator from knowing which photograph is being presented to the eyewitness during the identification procedure.
Before a lineup, the eyewitness must be instructed that:
The perpetrator might or might not be in the lineup;
The lineup administrator does not know the suspect’s identity, except that this instruction need not be given when a specified and approved alternative method of neutral administration is used;
The eyewitness should not feel compelled to make an identification;
It is as important to exclude innocent persons as it is to identify the perpetrator; and
The investigation will continue with or without an identification.

The eyewitness shall acknowledge, in writing, having received a copy of the lineup instructions. If the eyewitness refuses to sign a document acknowledging receipt of the instructions, the lineup administrator must document the refusal of the eyewitness to sign a document acknowledging receipt of the instructions, and the lineup administrator must sign the acknowledgment document himself or herself.

(a)

The lineup must be conducted by an independent administrator. However, in lieu of using an independent administrator, a law enforcement agency may conduct a photo lineup eyewitness identification procedure using an alternative method specified in subparagraph 1., subparagraph 2., or subparagraph 3. Any alternative method must be carefully structured to achieve neutral administration and to prevent the lineup administrator from knowing which photograph is being presented to the eyewitness during the identification procedure. Alternative methods may include any of the following:An automated computer program that can automatically administer the photo lineup directly to an eyewitness and prevent the lineup administrator from seeing which photograph the eyewitness is viewing until after the procedure is completed.A procedure in which photographs are placed in folders, randomly numbered, and shuffled and then presented to an eyewitness such that the lineup administrator cannot see or track which photograph is being presented to the eyewitness until after the procedure is completed.Any other procedure that achieves neutral administration and prevents the lineup administrator from knowing which photograph is being presented to the eyewitness during the identification procedure.
1. An automated computer program that can automatically administer the photo lineup directly to an eyewitness and prevent the lineup administrator from seeing which photograph the eyewitness is viewing until after the procedure is completed.
2. A procedure in which photographs are placed in folders, randomly numbered, and shuffled and then presented to an eyewitness such that the lineup administrator cannot see or track which photograph is being presented to the eyewitness until after the procedure is completed.
3. Any other procedure that achieves neutral administration and prevents the lineup administrator from knowing which photograph is being presented to the eyewitness during the identification procedure.

(b)

Before a lineup, the eyewitness must be instructed that:The perpetrator might or might not be in the lineup;The lineup administrator does not know the suspect’s identity, except that this instruction need not be given when a specified and approved alternative method of neutral administration is used;The eyewitness should not feel compelled to make an identification;It is as important to exclude innocent persons as it is to identify the perpetrator; andThe investigation will continue with or without an identification.

The eyewitness shall acknowledge, in writing, having received a copy of the lineup instructions. If the eyewitness refuses to sign a document acknowledging receipt of the instructions, the lineup administrator must document the refusal of the eyewitness to sign a document acknowledging receipt of the instructions, and the lineup administrator must sign the acknowledgment document himself or herself.

1. The perpetrator might or might not be in the lineup;
2. The lineup administrator does not know the suspect’s identity, except that this instruction need not be given when a specified and approved alternative method of neutral administration is used;
3. The eyewitness should not feel compelled to make an identification;
4. It is as important to exclude innocent persons as it is to identify the perpetrator; and
5. The investigation will continue with or without an identification.

(4)

REMEDIES.—All of the following remedies are available as consequences of compliance or noncompliance with any requirement of this section:
A failure on the part of a person to comply with any requirement of this section shall be considered by the court when adjudicating motions to suppress eyewitness identification.
A failure on the part of a person to comply with any requirement of this section is admissible in support of a claim of eyewitness misidentification, as long as such evidence is otherwise admissible.
If evidence of compliance or noncompliance with any requirement of this section is presented at trial, the jury shall be instructed that the jury may consider credible evidence of compliance or noncompliance to determine the reliability of eyewitness identifications.

(a)1.

A failure on the part of a person to comply with any requirement of this section shall be considered by the court when adjudicating motions to suppress eyewitness identification.A failure on the part of a person to comply with any requirement of this section is admissible in support of a claim of eyewitness misidentification, as long as such evidence is otherwise admissible.
(a)1. A failure on the part of a person to comply with any requirement of this section shall be considered by the court when adjudicating motions to suppress eyewitness identification.
2. A failure on the part of a person to comply with any requirement of this section is admissible in support of a claim of eyewitness misidentification, as long as such evidence is otherwise admissible.

(b)

If evidence of compliance or noncompliance with any requirement of this section is presented at trial, the jury shall be instructed that the jury may consider credible evidence of compliance or noncompliance to determine the reliability of eyewitness identifications.

(5)

EDUCATION AND TRAINING.—The Criminal Justice Standards and Training Commission, in consultation with the Department of Law Enforcement, shall create educational materials and provide training programs on how to conduct lineups in compliance with this section.

Source: Section 92.70 — Eyewitness identification, https://www.­flsenate.­gov/Laws/Statutes/2024/0092.­70 (accessed Aug. 7, 2025).

92.05
Final judgments and decrees of courts of record 92.06
Judgments and decrees of United States District Courts 92.07
Judgments and decrees of this state 92.08
Deeds and powers of attorney of record for 20 years or more 92.09
Effect of reversal, etc., of judgment or successful attack on deed 92.13
Certified copies of records of certified copies 92.14
United States deeds and patents and copies thereof 92.16
Certificates of Board of Trustees of the Internal Improvement Trust Fund respecting the ownership, conveyance of, and other facts in connection with public lands 92.17
Effect of seal of Board of Trustees of the Internal Improvement Trust Fund 92.18
Certificate of state officer 92.19
Portions of records 92.20
Certificates issued under authority of Congress 92.21
Certificate as to sanitary condition of buildings 92.23
Rule of evidence in suits on fire policies for loss or damage to building 92.24
Certain tax deeds prima facie evidence of title 92.25
Records destroyed by fire 92.26
Records destroyed by fire 92.27
Records destroyed by fire 92.28
Records destroyed by fire 92.29
Photographic or electronic copies 92.30
Presumption of death 92.31
Missing persons and persons imprisoned or interned in foreign countries 92.32
Official findings and reports 92.33
Written statement concerning injury to person or property 92.38
Comparison of disputed writings 92.39
Evidence of individual’s claim against the state in suits between them 92.40
Reports of building, housing, or health code violations 92.50
Oaths, affidavits, and acknowledgments 92.51
Oaths, affidavits, and acknowledgments 92.52
Affirmation equivalent to oath 92.53
Videotaping the testimony of a victim or witness under age 18 or who has an intellectual disability 92.54
Use of closed-circuit television and audio-video communication technology in proceedings involving a victim or witness under the age of 18 or who has an intellectual disability 92.55
Special protections in proceedings involving victim or witness under 18, person with intellectual disability, or sexual offense victim 92.56
Judicial proceedings and court records involving sexual offenses and human trafficking 92.57
Termination of employment of witness prohibited 92.60
Foreign records of regularly conducted business activity 92.70
Eyewitness identification 92.141
Law enforcement employees 92.142
Witnesses 92.143
Compensation to traffic court witnesses 92.151
Witness compensation 92.153
Production of documents by witnesses 92.231
Expert witnesses 92.233
Compensation of witness summoned in two or more criminal cases 92.251
Uniform Interstate Depositions and Discovery Act 92.295
Copies of voter registration records 92.351
Prohibition against prisoners submitting nondocumentary physical evidence without authorization of court 92.525
Verification of documents 92.561
Prohibition on reproduction of child pornography 92.565
Admissibility of confession in sexual abuse cases 92.605
Production of certain records by Florida businesses and out-of-state corporations

Current through Fall 2025

§ 92.70. Eyewitness identification's source at flsenate​.gov