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HB 875 2026
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hb875-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to eyewitness identification; amending 2
s. 92.70, F.S.; providing definitions; revising 3
eyewitness identification procedures; requiring 4
documentation of an eyewitness's description of the 5
possible perpetrator of a crime; requiring officers to 6
have an evidence-based reason to include a person in a 7
lineup; limiting the use of facial recognition 8
technology in certain circumstances; specifying the 9
composition of a lineup; limiting the number of 10
identification procedures that may be conducted as to 11
certain persons; specifying that lineups are 12
preferable to show-ups or first-time-in-court 13
identifications; specifying the circumstances in which 14
a show-up or in-court identification may be performed; 15
specifying that instructions must be given to an 16
eyewitness before any identification procedure; 17
revising such instructions; requiring a lineup 18
administrator to document any identification or 19
nonidentification in a specified manner; requiring 20
audio and video recording of an identification 21
procedure; providing an exception; providing that 22
certain attorneys may be present at an identification 23
procedure; specifying the permissible conduct of such 24
attorneys during the procedure; providing an effective 25
HB 875 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
date. 26
27
Be It Enacted by the Legislature of the State of Florida: 28
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Section 1. Subsections (2) and (3) of section 92.70, 30
Florida Statutes, are amended to read: 31
92.70 Eyewitness identification.— 32
(2) DEFINITIONS.—As used in this section, the term: 33
(a) "Eyewitness" means a person whose identification by 34
sight of another person may be relevant in a criminal 35
proceeding. 36
(b) "Facial recognition technology" means an automated or 37
semiautomated tool that captures biometric information that 38
analyzes facial features and is used for identification, 39
verification, or tracking the location of an individual. The 40
term does not include the use of search terms to sort images in 41
a database. 42
(c) "Filler" means a person or a photograph of a person 43
who is not suspected of a crime under investigation and is 44
included in an identification procedure. 45
(d) "Identification procedure" means a live lineup, photo 46
lineup, or show-up. 47
(e)(b) "Independent administrator" means a person who is 48
not participating in the investigation of a criminal offense and 49
is unaware of which person in the lineup is the suspect. 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(f)(c) "Lineup" means a photo lineup or live lineup. 51
(g)(d) "Lineup administrator" means the person who 52
conducts a lineup. 53
(h)(e) "Live lineup" means a procedure in which a group of 54
people is displayed to an eyewitness for the purpose of 55
determining if the eyewitness can identify the perpetrator of a 56
crime. 57
(i)(f) "Photo lineup" means a procedure in which an array 58
of photographs is displayed to an eyewitness for the purpose of 59
determining if the eyewitness can identify the perpetrator of a 60
crime. 61
(j) "Show-up" means a procedure in which an eyewitness is 62
presented with a single suspect for the purpose of determining 63
whether the eyewitness identifies the person as the perpetrator 64
of a crime. 65
(3) EYEWITNESS IDENTIFICATION PROCEDURES.—A lineup 66
conducted in this state by a state, county, municipal, or other 67
law enforcement agency must meet all of the following 68
requirements: 69
(a) The lineup must be conducted by an independent 70
administrator. However, in lieu of using an independent 71
administrator, a law enforcement agency may conduct a photo 72
lineup eyewitness identification procedure using an alternative 73
method specified in subparagraph 1., subparagraph 2., or 74
subparagraph 3. Any alternative method must be carefully 75
HB 875 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
structured to achieve neutral administration and to prevent the 76
lineup administrator from knowing which photograph is being 77
presented to the eyewitness during the identification procedure. 78
Alternative methods may include any of the following: 79
1. An automated computer program that can automatically 80
administer the photo lineup directly to an eyewitness and 81
prevent the lineup administrator from seeing which photograph 82
the eyewitness is viewing until after the procedure is 83
completed. 84
2. A procedure in which photographs are placed in folders, 85
randomly numbered, and shuffled and then presented to an 86
eyewitness such that the lineup administrator cannot see or 87
track which photograph is being presented to the eyewitness 88
until after the procedure is completed. 89
3. Any other procedure that achieves neutral 90
administration and prevents the lineup administrator from 91
knowing which photograph is being presented to the eyewitness 92
during the identification procedure. 93
(b) Before an identification procedure, a law enforcement 94
officer shall record as complete a description as possible of 95
the perpetrator of a crime, provided by the eyewitness in the 96
eyewitness's own words, and shall include the description in the 97
offense report. This statement shall also include, from the 98
eyewitness's point of view, information regarding the conditions 99
under which the eyewitness observed the perpetrator including 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
location, time, distance, obstructions, lighting, weather 101
conditions, and other impairments, including, but not limited to 102
alcohol, drugs, stress, and visual or auditory disabilities. 103
(c) To include a suspect in a lineup, a law enforcement 104
officer or agency must have an evidence-based reason to believe 105
that such suspect committed the crime under investigation. If 106
facial recognition technology is used to identify a suspect, a 107
law enforcement officer or agency may not conduct a lineup 108
unless there is a basis, independent of the use of facial 109
recognition technology, to support a belief that the suspect 110
committed the crime under investigation. 111
(d) A lineup shall be composed of the suspect and at least 112
five fillers who generally resemble the eyewitness's description 113
of the perpetrator, and law enforcement must ensure that the 114
suspect does not stand out from the fillers in appearance. The 115
photograph of the suspect that is included in a photo lineup 116
shall be contemporary and shall resemble the suspect's 117
appearance at the time of the crime under investigation. The 118
photographs and the background context in which such photographs 119
are placed shall be free from any characteristics that make any 120
photograph stand out. 121
1. If there is more than one suspect, only one suspect may 122
be included in each identification procedure. If the eyewitness 123
has previously viewed a lineup in connection with the 124
identification of another person suspected of involvement in the 125
HB 875 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
crime under investigation, the fillers in the lineup in which 126
the current suspect is included must be different from the 127
fillers used in any prior lineups. 128
2. If there are multiple eyewitnesses to a crime under 129
investigation, each eyewitness shall view the identification 130
procedure separately and the suspect shall be placed in a 131
different position in the lineup for each eyewitness. 132
3. Only one identification procedure involving the same 133
eyewitness and suspect may be conducted. 134
(e) A law enforcement officer or agency shall make efforts 135
to perform a lineup instead of a show-up or a first-time-in-136
court identification. 137
1. Show-ups may only be performed using a live suspect and 138
only in exigent circumstances that require the immediate display 139
of a suspect to an eyewitness close to the time and place of the 140
crime scene. In the event of a show-up, the eyewitness shall be 141
transported to a neutral, non-law enforcement location where the 142
suspect is detained for the purpose of a show-up. Unless 143
impractical, a show-up may not be conducted when the suspect is 144
in a patrol car, noticeably handcuffed, or physically restrained 145
by officers. 146
2. An eyewitness may not identify the defendant for the 147
first time in court unless the prosecutor provides a good reason 148
for the failure to conduct an out-of-court identification 149
procedure. A relationship of close familiarity that minimizes 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the risk of misidentification, such as that of an immediate 151
family member, close friend, or daily coworker shall constitute 152
a good reason. 153
(f)(b) Before an identification procedure a lineup, the 154
eyewitness must be instructed that: 155
1. The perpetrator might or might not be in the lineup or, 156
in the case of a show-up, might or might not be the person that 157
is presented to the eyewitness; 158
2. The lineup administrator does not know the suspect's 159
identity, except that this instruction need not be given when a 160
specified and approved alternative method of neutral 161
administration is used; 162
3. The eyewitness should not feel compelled to make an 163
identification; 164
4. It is as important to exclude innocent persons as it is 165
to identify the perpetrator; and 166
5. The investigation will continue with or without an 167
identification;. 168
6. After an identification, the administrator will ask the 169
eyewitness to state, in his or her own words, how certain he or 170
she is of the identification; and 171
7. The eyewitness may not discuss the identification 172
procedure or results with any other eyewitnesses involved in the 173
investigation and may not speak with the media about such 174
identification procedure. 175
HB 875 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
176
The eyewitness shall acknowledge, in writing, having received a 177
copy of the lineup instructions. If the eyewitness refuses to 178
sign a document acknowledging receipt of the instructions, the 179
lineup administrator must document the refusal of the eyewitness 180
to sign a document acknowledging receipt of the instructions, 181
and the lineup administrator must sign the acknowledgment 182
document himself or herself. 183
(g) After an identification procedure, the lineup 184
administrator shall document any identification or 185
nonidentification. Such documentation shall include a clear 186
statement from the eyewitness, at the time of the identification 187
and in the eyewitness's own words, as to the eyewitness's 188
confidence level that the person he or she identified is the 189
perpetrator of the crime under investigation. 190
(h) All identification procedures shall be captured by 191
audio and video recording unless visual recording is 192
unavailable, in which case the recording of audio alone is 193
permissible. 194
(i) The prosecuting attorney and the suspect's attorney 195
may be present during a lineup to observe the manner in which 196
the lineup is conducted. Such persons shall be out of the view 197
of the eyewitness and shall be instructed to remain silent 198
during the procedure and to refrain from exercising any 199
influence on the procedure. 200
HB 875 2026
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hb875-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 2. This act shall take effect July 1, 2026. 201