Read the full stored bill text
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:
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(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
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intentionally or unintentionally, resulting in injury or death
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to any person.
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(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
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as set forth in s. 877.111 or any substance controlled under
36
chapter 893.
37
(3) PROCEDURE.—
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(a) The test must be administered by a qualified medical
39
professional at the direction of a law enforcement officer or an
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independent investigator assigned by the Department of Law
41
Enforcement.
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(b) The b
lood
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
,
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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
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pursuant to this section must be treated as part of the official
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investigative record and maintained in accordance with chapter
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119. Results may be disclosed upon conclusion of the
54
investigation unless otherwise prohibited by law or court order.
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(5) REPORTING.—The Department of Law Enforcement shall
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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:
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(a) The number of civilian-involved shooting incidents
and
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the number of those individuals that submitted to the
requir
ed
61
testing
pursuant to
this section.
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(b) Aggregate data on testing results and any related
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prosecutorial or disciplinary actions.
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(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.