Florida Statute 92.70 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VII
EVIDENCE

Chapter 92
WITNESSES, RECORDS, AND DOCUMENTS

View Entire Chapter

F.S. 92.70

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:

(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.

(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:

(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:

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:

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.

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.

(4) REMEDIES.—All of the following remedies are available as consequences of compliance or noncompliance with any requirement of this section:

(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.

History.—s. 1, ch. 2017-91.

F.S. 92.70 on Google Scholar

F.S. 92.70 on Casetext

Amendments to 92.70

Arrestable Offenses / Crimes under Fla. Stat. 92.70

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 92.70.

Annotations, Discussions, Cases:

Cases Citing Statute 92.70

Total Results: 20

Krishna Sukhwa v. the State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-09-18

Snippet: considering the asserted lack of compliance with section 92.70, Florida Statutes (2022), we discern no error and

Ruben Christopher Goodson v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-01-17

Snippet: shows that the appropriate procedure under section 92.70(3), Florida Statutes, was followed to ensure that

MARQUIS VALENTINE v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-11-12

Snippet: administration of lineups. They do not. Section 92.70, Florida Statutes, requires an independent administrator

MARQUIS VALENTINE v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-09-30

Snippet: administration of lineups. They do not. Section 92.70, Florida Statutes (2019), requires an independent

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-07.

Court: Supreme Court of Florida | Date Filed: 2018-12-13

Citation: 259 So. 3d 743

Snippet: Lineup Requirements. Give if applicable. § 92.70, Fla. Stat. You have heard testimony concerning

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-09.

Court: Supreme Court of Florida | Date Filed: 2018-03-08

Citation: 238 So. 3d 192

Snippet: the basis that the Legislature enacted section 92.70, Florida Statutes (2017), effective October 1, 2017

Reardon v. State

Court: District Court of Appeal of Florida | Date Filed: 1998-08-12

Citation: 715 So. 2d 348, 1998 WL 466813

Snippet: DCA 1980), cert. denied, 454 U.S. 815, 102 S.Ct. 92, 70 L.Ed.2d 84 (1981) (because extent of attorney-client

Mertens v. Division of Consumer Services, State, Department of Agriculture & Consumer Services

Court: District Court of Appeal of Florida | Date Filed: 1992-03-09

Citation: 596 So. 2d 89, 1992 Fla. App. LEXIS 1931, 1992 WL 43105

Snippet: 779 (Fla.), cert. denied, 454 U.S. 815, 102 S.Ct. 92, 70 L.Ed.2d 84 (1981). In the case at bar, Mertens

Eberhardt v. Eberhardt

Court: District Court of Appeal of Florida | Date Filed: 1992-01-03

Citation: 590 So. 2d 1134, 1992 WL 618

Snippet: (Fla. 1981), cert. denied, 454 U.S. 815, 102 S.Ct. 92, 70 L.Ed.2d 84 (1981). The order here satisfies that

Int'l Surplus Lines Ins. Co. v. Markham

Court: District Court of Appeal of Florida | Date Filed: 1991-05-10

Citation: 580 So. 2d 251, 1991 WL 74810

Snippet: (Fla. 1981); cert. denied, 454 U.S. 815, 102 S.Ct. 92, 70 L.Ed.2d 84 (1981); Sachlas v. Sachlas, 440 So.2d

Rojas v. KLOSTER CRUISE, A/S

Court: District Court of Appeal of Florida | Date Filed: 1989-09-05

Citation: 550 So. 2d 59, 1989 WL 101300

Snippet: States"), cert. denied, 454 U.S. 816, 102 S.Ct. 92, 70 L.Ed.2d 84 (1981); see also Bailey v. Dolphin Intern'l

Corry v. Meggs

Court: District Court of Appeal of Florida | Date Filed: 1986-11-12

Citation: 498 So. 2d 508, 11 Fla. L. Weekly 2392

Snippet: DCA 1981), cert. denied, 454 U.S. 815, 102 S.Ct. 92, 70 L.Ed.2d 84 (1981). *511 The general rule at common

Caribbean Treasure Salvage, Inc. v. Sheriff, Indian River County

Court: District Court of Appeal of Florida | Date Filed: 1985-08-28

Citation: 474 So. 2d 883, 10 Fla. L. Weekly 2044, 1985 Fla. App. LEXIS 15597

Snippet: 779 (Fla.), cert. denied, 454 U.S. 815, 102 S.Ct. 92, 70 L.Ed.2d 84 (1981). Furthermore, “the time, trouble

Cowan v. PEOPLE EX REL. FLA. DENTAL ASS'N

Court: District Court of Appeal of Florida | Date Filed: 1985-02-27

Citation: 463 So. 2d 285

Snippet: 779 (Fla.), cert. denied, 454 U.S. 815, 102 S.Ct. 92, 70 L.Ed.2d 84 (1981). Moreover, orders on abatements

Cowan v. People ex rel. Florida Dental Ass'n

Court: District Court of Appeal of Florida | Date Filed: 1984-12-05

Citation: 463 So. 2d 285, 1984 Fla. App. LEXIS 16724

Snippet: 779 (Fla.), cert, denied, 454 U.S. 815, 102 S.Ct. 92, 70 L.Ed.2d 84 (1981). Moreover, orders on abatements

Thigpin v. Sun Bank of Ocala

Court: District Court of Appeal of Florida | Date Filed: 1984-09-20

Citation: 458 So. 2d 315

Snippet: (Fla. 1981), cert. denied, 454 U.S. 815, 102 S.Ct. 92, 70 L.Ed.2d 84 (1981). The proper remedy when a complaint

Bridges v. Williamson

Court: District Court of Appeal of Florida | Date Filed: 1984-05-02

Citation: 449 So. 2d 400, 10 Media L. Rep. (BNA) 1983

Snippet: DCA 1980), cert. denied, 454 U.S. 815, 102 S.Ct. 92, 70 L.Ed.2d 84 (1981). Certiorari is available when

Tampa Bay Cab Co. v. Yellow Cab Co. of Tampa

Court: District Court of Appeal of Florida | Date Filed: 1984-03-07

Citation: 446 So. 2d 246, 1984 Fla. App. LEXIS 12095

Snippet: (Fla.1981), cert. denied, 454 U.S. 815, 102 S.Ct. 92, 70 L.Ed.2d 84 (1981); Fla.R.App.P. 9.040(c). We deny

Tober v. Sanchez

Court: District Court of Appeal of Florida | Date Filed: 1982-07-27

Citation: 417 So. 2d 1053

Snippet: 799 (Fla.), cert. denied, 454 U.S. 815, 102 S.Ct. 92, 70 L.Ed.2d 84 (1981). It is conceded that the subject

The Florida Bar v. Meserve

Court: Supreme Court of Florida | Date Filed: 1979-07-05

Citation: 372 So. 2d 1373, 1979 Fla. LEXIS 4731

Snippet: report. Costs of proceedings in the gross sum of $2,092.70 have been certified to this Court by The Florida