Florida SB 1202: Benefits for Firefighters Injured During Training Exercises

Bill Text

1202 
Eyewitness Identification 
2026-01-06T07:47:28Z 
Revising eyewitness identification procedures; requiring a law enforcement officer to record, as completely as possible, an eyewitness’s description of the possible perpetrator of a crime and include the description in the offense report; providing that if facial recognition technology is used to identify a suspect, a lineup may not be conducted unless certain conditions are met; requiring a law enforcement officer or agency to make efforts to perform a lineup rather than use a show-up or a first-time-in-court identification, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 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. 
 34 
 35 Be It Enacted by the Legislature of the State of Florida: 
 36 
 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.,