The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE

Chapter 92
WITNESSES, RECORDS, AND DOCUMENTS

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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 from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 259 So. 3d 743 (Fla. 2018)

. . . . § 92.70, Fla. Stat. . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 238 So. 3d 192 (Fla. 2018)

. . . Next, we amend instruction 3.9(c) on the basis that the Legislature enacted section 92.70, Florida Statutes . . . Section 92.70 pertains to eyewitness identification and requires compliance with specific lineup procedures . . . Give if applicable. § 92.70, Fla. Stat. . . .

In B. HENDERSON d b a U. S. d b a CB Co. J. v. B., 423 B.R. 598 (Bankr. N.D.N.Y. 2010)

. . . .”); see also 8-92 Warren’s Weed New York Real Property (MB) §§ 92.70-92.71 (2009) (homeowners are within . . .

In E. MAY a k a M. a k a FIA v. E. J., 381 B.R. 498 (Bankr. W.D. Pa. 2008)

. . . Approximately $92.70 per month is Chapter 13 Trustee fees, and $150 per month is counsel fees. . . .

In SCOTT, III,, 209 B.R. 777 (Bankr. S.D. Ga. 1997)

. . . following debts owed them by Debtor: Debts accrued prior to filing of petition: $418.00 Rent for May 1996 $ 92.70 . . . Late fee for May 1996 rent $618.00 Rent for June 1996 $ 92.70 Late fee for June 1996 rent $338.90 Rent . . . July 17,1996 Debts accrued after filing of petition: $279.10 Rent for July 18,1996 — July 31,1996 $ 92.70 . . . Late fee for July 1996 rent $618.00 Rent for August 1996 $ 92.70 Late fee for August 1996 rent $618.00 . . . Rent for September 1996 $ 92.70 Late fee for September 1996 rent $200.00 Replacement fee for curtains . . .

M. SPICER, v. CHICAGO BOARD OPTIONS EXCHANGE, INC., 844 F. Supp. 1226 (N.D. Ill. 1993)

. . . Clericals, billed at an hourly rate of $30.00, spent 92.70 hours on administrative matters, for a lodestar . . .

AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE, a L. v. SCHOOL DISTRICT OF THE CITY OF GRAND RAPIDS, a E., 717 F. Supp. 488 (W.D. Mich. 1989)

. . . ever; admitted to practice, November 1982) Before 8/82 0 0 Before 11/82 80.00 72.00 After 11/82 103.00 92.70 . . . 45.7% X .457 Time to be deducted 32.90 As Attorney Hours Time spent on attorney fee issue (see Table 2) 92.70 . . .

UNITED STATES v. STATE OF WASHINGTON, 626 F. Supp. 1405 (W.D. Wash. 1985)

. . . 138.03 125.48 - - 1971 157.70 133.04 121.31 - - 1972 161.72 136.85 124.42 - - 1973 150.67 127.47 115.90 92.70 . . .

KANE v. MARTIN PAINT STORES, INC., 439 F. Supp. 1054 (S.D.N.Y. 1977)

. . . Cohen 92.70 $ 100. $ 9,270.00 Herbert E. Milstein 78.97 65. 5,129.80 Michael D. . . .

JONATHAN CLUB, a v. UNITED STATES, 220 F. Supp. 704 (S.D. Cal. 1963)

. . . 31, 1962; and thereafter, on February 26, 1962, Plaintiff filed a claim for refund in the amount of $92.70 . . .

v., 42 Cust. Ct. 512 (Cust. Ct. 1959)

. . . 142.70 E7 282.70 HA3 414.70 HA2 654.70 HB2 654. 70 NR32 524.70 NR11 317.70 NR48 301.70 NR6B 103.70 NR35B 92.70 . . . NR84 92.70 NR4 429. 70 NR34 371.70 NR81 368. 70 NR23 131.70 NR39 123.70 NR74 121.70 NR91 298.70 Boites . . .

MOHAMED v. UNITED FRUIT CO., 12 F. Supp. 1000 (D. Mass. 1935)

. . . In conclusion, the libelant may recover $92.70 on the first cause of action. . . .