Florida HB 1539: Blood Testing Required Following Civilian-involved Shootings

Bill Text

HB 1539 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1539-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to blood testing required following 2
civilian-involved shootings; creating s. 790.402, 3
F.S.; defining terms; requiring a civilian to submit 4
to a test of his or her blood within a certain 5
timeframe after an incident if he or she discharges a 6
firearm within this state resulting in an injury or a 7
death; specifying the procedure for the testing; 8
specifying consequences for refusing to submit to 9
testing; providing for confidentiality and disclosure 10
of test results; providing reporting requirements; 11
providing an effective date. 12
13
Be It Enacted by the Legislature of the State of Florida: 14
15
Section 1. Section 790.402, Florida Statutes, is created 16
to read: 17
790.402 Blood testing required following civilian-involved 18
shootings.— 19
(1) DEFINITIONS.—As used in this section, the term: 20
(a) "Civilian" means an individual who is not acting in an 21
official capacity as a law enforcement officer, correctional 22
officer, correctional probation officer, as those terms are 23
defined in s. 943.10, or member of the armed forces at the time 24
of the incident. 25

HB 1539 2026

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hb1539-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

(b) "Civilian-involved shooting" means an incident within 26
this state in which a civilian discharges a firearm, whether 27
intentionally or unintentionally, resulting in injury or death 28
to any person. 29
(2) TESTING REQUIREMENT.—If a civilian discharges a 30
firearm within this state resulting in an injury or a death, 31
such individual must submit to a test of his or her blood within 32
2 hours after the incident for the purpose of determining the 33
alcohol content thereof or the presence of chemical substances 34
as set forth in s. 877.111 or any substance controlled under 35
chapter 893. 36
(3) PROCEDURE.— 37
(a) The test must be administered by a qualified medical 38
professional at the direction of a law enforcement officer or an 39
independent investigator assigned by the Department of Law 40
Enforcement. 41
(b) The blood sample must be analyzed by a state-certified 42
laboratory, and the results must be provided to the 43
investigating agency and to the Department of Law Enforcement. 44
(c) Refusal to submit to testing pursuant to this section 45
constitutes grounds for administrative or criminal penalties, 46
and such refusal is deemed a waiver of a claim of self-defense 47
in any subsequent criminal or civil proceedings arising from the 48
incident. 49
(4) CONFIDENTIALITY AND DISCLOSURE.—Test results obtained 50

HB 1539 2026

CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

pursuant to this section must be treated as part of the official 51
investigative record and maintained in accordance with chapter 52
119. Results may be disclosed upon conclusion of the 53
investigation unless otherwise prohibited by law or court order. 54
(5) REPORTING.—The Department of Law Enforcement shall 55
submit an annual report by June 30 of each year to the Governor, 56
the President of the Senate, and the Speaker of the House of 57
Representatives which includes all of the following information: 58
(a) The number of civilian-involved shooting incidents and 59
the number of those individuals that submitted to the requiring 60
testing pursuant to this section. 61
(b) Aggregate data on testing results and any related 62
prosecutorial or disciplinary actions. 63
(c) Recommendations for policy or procedural improvements 64
to enhance firearm safety, transparency, and community 65
accountability. 66
Section 2. This act shall take effect July 1, 2026. 67