S 1732

Florida Senate - 2026  SB 1732
By Senator Jones
34-00736-26  20261732__
1A bill to be entitled
2An act relating to blood testing required following
3civilian-involved shootings; creating s. 790.402,
4F.S.; defining terms; requiring a civilian to submit
5to a test of his or her blood within a certain
6timeframe after an incident if he or she discharges a
7firearm within this state resulting in an injury or a
8death; specifying the procedure for the testing;
9specifying consequences for refusing to submit to
10testing; providing for confidentiality and disclosure
11of test results; providing reporting requirements;
12providing an effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16Section 1. Section 790.402, Florida Statutes, is created to
17read:
18790.402 Blood testing required following civilian-involved
19shootings.—
20(1) DEFINITIONS.—As used in this section, the term:
21(a) “Civilian” means an individual who is not acting in an
22official capacity as a law enforcement officer, correctional
23officer, correctional probation officer, as those terms are
24defined in s. 943.10, or member of the armed forces at the time
25of the incident.
26(b) “Civilian-involved shooting” means an incident within
27this state in which a civilian discharges a firearm, whether
28intentionally or unintentionally, resulting in injury or death
29to any person.
30(2) TESTING REQUIREMENT.—If a civilian discharges a firearm
31within this state resulting in an injury or a death, such
32individual must submit to a test of his or her blood within 2
33hours after the incident for the purpose of determining the
34alcohol content thereof or the presence of chemical substances
35as set forth in s. 877.111 or any substance controlled under
36chapter 893.
37(3) PROCEDURE.—
38(a) The test must be administered by a qualified medical
39professional at the direction of a law enforcement officer or an
40independent investigator assigned by the Department of Law
41Enforcement.
42(b) The blood sample must be analyzed by a state-certified
43laboratory, and the results must be provided to the
44investigating agency and to the Department of Law Enforcement.
45(c) Refusal to submit to testing pursuant to this section
46constitutes grounds for administrative or criminal penalties,
47and such refusal is deemed a waiver of a claim of self-defense
48in any subsequent criminal or civil proceedings arising from the
49incident.
50(4) CONFIDENTIALITY AND DISCLOSURE.—Test results obtained
51pursuant to this section must be treated as part of the official
52investigative record and maintained in accordance with chapter
53119. Results may be disclosed upon conclusion of the
54investigation unless otherwise prohibited by law or court order.
55(5) REPORTING.—The Department of Law Enforcement shall
56submit an annual report by June 30 of each year to the Governor,
57the President of the Senate, and the Speaker of the House of
58Representatives which includes all of the following information:
59(a) The number of civilian-involved shooting incidents and
60the number of those individuals that submitted to the required
61testing pursuant to this section.
62(b) Aggregate data on testing results and any related
63prosecutorial or disciplinary actions.
64(c) Recommendations for policy or procedural improvements
65to enhance firearm safety, transparency, and community
66accountability.
67Section 2. This act shall take effect July 1, 2026.