Florida SB 1732: Blood Testing Required Following Civilian-involved Shootings

Bill Text

1732 
Blood Testing Required Following Civilian-involved Shootings 
2026-01-09T11:47:09Z 
Requiring a civilian to submit to a test of his or her blood within a certain timeframe after an incident if he or she discharges a firearm within this state resulting in an injury or a death; specifying the procedure for the testing; specifying consequences for refusing to submit to testing, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 1732 

 By Senator Jones 

 34-00736-26 20261732__ 
 1 A bill to be entitled 
 2 An act relating to blood testing required following 
 3 civilian-involved shootings; creating s. 790.402, 
 4 F.S.; defining terms; requiring a civilian to submit 
 5 to a test of his or her blood within a certain 
 6 timeframe after an incident if he or she discharges a 
 7 firearm within this state resulting in an injury or a 
 8 death; specifying the procedure for the testing; 
 9 specifying consequences for refusing to submit to 
 10 testing; providing for confidentiality and disclosure 
 11 of test results; providing reporting requirements; 
 12 providing an effective date. 
 13 
 14 Be It Enacted by the Legislature of the State of Florida: 
 15 
 16 Section 1. Section 790.402, Florida Statutes, is created to 
 17 read: 
 18 790.402 Blood testing required following civilian-involved 
 19 shootings.— 
 20 (1) DEFINITIONS.—As used in this section, the term: 
 21 (a) “Civilian” means an individual who is not acting in an 
 22 official capacity as a law enforcement officer, correctional 
 23 officer, correctional probation officer, as those terms are 
 24 defined in s. 943.10, or member of the armed forces at the time 
 25 of the incident. 
 26 (b) “Civilian-involved shooting” means an incident within 
 27 this state in which a civilian discharges a firearm, whether 
 28 intentionally or unintentionally, resulting in injury or death 
 29 to any person. 
 30 (2) TESTING REQUIREMENT.—If a civilian discharges a firearm 
 31 within this state resulting in an injury or a death, such 
 32 individual must submit to a test of his or her blood within 2 
 33 hours after the incident for the purpose of determining the 
 34 alcohol content thereof or the presence of chemical substances 
 35 as set forth in s. 877.111 or any substance controlled under 
 36 chapter 893. 
 37 (3) PROCEDURE.— 
 38 (a) The test must be administered by a qualified medical 
 39 professional at the direction of a law enforcement officer or an 
 40 independent investigator assigned by the Department of Law 
 41 Enforcement. 
 42 (b) The blood sample must be analyzed by a state-certified 
 43 laboratory, and the results must be provided to the 
 44 investigating agency and to the Department of Law Enforcement. 
 45 (c) Refusal to submit to testing pursuant to this section 
 46 constitutes grounds for administrative or criminal penalties, 
 47 and such refusal is deemed a waiver of a claim of self-defense 
 48 in any subsequent criminal or civil proceedings arising from the 
 49 incident. 
 50 (4) CONFIDENTIALITY AND DISCLOSURE.—Test results obtained 
 51 pursuant to this section must be treated as part of the official 
 52 investigative record and maintained in accordance with chapter 
 53 119. Results may be disclosed upon conclusion of the 
 54 investigation unless otherwise prohibited by law or court order. 
 55 (5) REPORTING.—The Department of Law Enforcement shall 
 56 submit an annual report by June 30 of each year to the Governor, 
 57 the President of the Senate, and the Speaker of the House of 
 58 Representatives which includes all of the following information: 
 59 (a) The number of civilian-involved shooting incidents and 
 60 the number of those individuals that submitted to the required 
 61 testing pursuant to this section. 
 62 (b) Aggregate data on testing results and any related 
 63 prosecutorial or disciplinary actions. 
 64 (c) Recommendations for policy or procedural improvements 
 65 to enhance firearm safety, transparency, and community 
 66 accountability. 
 67 Section 2. This act shall take effect July 1, 2026.