Florida HB 875: Limitations of Actions Other Than for the Recovery of Real Property

Bill Text

HB 875 2026

CODING: Words stricken are deletions; words underlined are additions.
hb875-00
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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

CODING: Words stricken are deletions; words underlined are additions.
hb875-00
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date. 26
27
Be It Enacted by the Legislature of the State of Florida: 28
29
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

HB 875 2026

CODING: Words stricken are deletions; words underlined are additions.
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(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

CODING: Words stricken are deletions; words underlined are additions.
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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