H 1539

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    HB 1539  2026
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
17to read:
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.
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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
31    firearm within this state resulting in an injury or a death,
32    such individual must submit to a test of his or her blood within
33    2 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
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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 requiring
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.
67Section 2.       This act shall take effect July 1, 2026.
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