Category: FL-Specific Laws · Statute: F.S. 92.70 · Source: Florida Legislature
Understanding Eyewitness Identification Reform in Florida
In 2017, the Florida Legislature enacted Section 92.70 of the Florida Statutes, known as the Eyewitness Identification Reform Act, to address one of the leading causes of wrongful convictions: misidentification. This law establishes strict, mandatory procedures that Florida law enforcement agencies must follow when conducting photo lineups or live lineups with eyewitnesses. Under the statute, lineups must be conducted using a "blind" or "blinded" administrator who does not know which photograph or person is the actual suspect, preventing accidental cues or body language from influencing the witness. Additionally, officers must provide standardized instructions to the witness, including the crucial reminder that the perpetrator may or may not be in the lineup.
The reform also requires that the lineup procedure be thoroughly documented. If a witness makes an identification, the administrator must immediately record the witness's own words regarding their level of confidence in the selection. These rigorous standards are designed to ensure that the identification process is objective, reliable, and free from suggestive police practices. When law enforcement officers fail to adhere to these statutory guidelines, the reliability of the identification is compromised, which can lead to significant legal challenges regarding the admissibility of the identification in court.
Impact on Bail and Pretrial Release
Under Florida law, the strength of the state's evidence is a key factor judges must consider when determining bail and pretrial release conditions. If an arrest is heavily reliant on an eyewitness identification that violated the strict protocols of F.S. 92.70, defense counsel can highlight these procedural failures during the initial appearance or at a subsequent bond reduction hearing. Demonstrating that the state's primary identification evidence is legally flawed weakens the prosecution's showing of probable cause, often persuading the court to grant a significantly lower bond or release the defendant on non-monetary conditions.