KENNY'S LAW: What We Are Asking To Change, And Why It Matters

On Halloween Eve 2026, our beloved family member, Kenneth “Kenny” Donahue, tragically lost his life in a crash in Boca Raton at only 18 years old. His friend, 16, came very close to losing his life as well. The vehicle that struck them was driven by a person who was never taken into custody and never subjected to a blood draw.

That means the evidence that could have established impairment was never preserved. And it cannot be recovered.

We are sharing this because no other family should go through that. Not knowing is a second loss.

WHAT THE CURRENT LAW SAYS: Florida Statute 316.1933

Right now, Section 316.1933 directs an officer to require a blood test following a crash causing death or serious bodily injury, YET it conditions that duty on the officer having probable cause to believe the driver was under the influence and caused the death or injury.

In plain language: the test is only required IF the officer already believes the driver was impaired. It leaves the decision to the officer's discretion in that moment.

The problem is time. Alcohol metabolizes. Drugs leave the system. If a test is not ordered right away, the evidence disappears on its own. Once it is gone, there is no way to get it back, no matter what is learned later.

That is what happened in Kenny's case. Two people were harmed that night: Kenny died, and his friend came close to dying. Each outcome, a death and a near death, is the kind of crash this statute addresses, and still no blood test was ordered.

WHAT KENNY'S LAW WOULD CHANGE

Kenny's mother and TKO Advisors have written a proposed bill, "Kenny's Law." We are asking for support for this measure and for a sponsor for the 2027 Regular Session. It would amend Section 316.1933 to make the duty mandatory and nondiscretionary, and it recognizes that a single crash can cause both a death and a near death.

Here is what it would do:

    1    MANDATORY CUSTODY, TRANSPORT, AND BLOOD TEST

After a crash that results in death or serious bodily injury, the officer SHALL, without exercising discretion, take into custody each person driving or in actual physical control of a motor vehicle involved in the crash, transport that person to the nearest hospital or other qualified medical facility, and have a blood test administered to determine alcohol, chemical substances under Section 877.111, or controlled substances under Chapter 893.

    2    NO PROBABLE CAUSE NEEDED TO TEST

The duty would NOT be conditioned on the officer's belief about impairment. The crash itself triggers the duty. The test would also NOT need to be incidental to a lawful arrest.

    3    WARRANT IF CONSENT IS REFUSED

If the person does not consent, the officer SHALL immediately seek a warrant by telephonic or electronic means. The officer may use reasonable force to secure the blood draw.

    4    SUPERVISORY VERIFICATION

A supervising officer who arrives at the scene or is notified of the crash SHALL verify that custody, transport, and the blood test were ordered and completed. The supervisor must document it in the crash report, including the time the test was ordered, the time the blood was drawn, and the name and credentials of the person who drew the blood.

    5    REAL ACCOUNTABILITY

Under this proposal, an officer or public servant who knowingly or willfully fails to perform that duty, delays it, cancels it, or directs or permits another to omit it, commits obstruction of justice and tampering with evidence, a first-degree felony punishable under Sections 775.082, 775.083, and 775.084. Upon conviction, law enforcement certification is revoked under Section 943.1395.

    6    A CIVIL REMEDY FOR THE FAMILY

The personal representative of a decedent, or a person who suffered serious bodily injury, may bring a civil action against the employing agency for damages caused by a violation, notwithstanding the limitations of Section 768.28.

Proposed effective date: July 1, 2027, if passed.

The pain of losing a loved one is devastating and is only made worse when critical evidence is never collected and families are left with unanswered questions. Families like ours should not have to wonder whether something as important as a blood test was overlooked, delayed, or never ordered. No family should have to endure the additional pain of knowing that evidence that could have provided answers was allowed to disappear.

We call upon Florida legislators to take decisive action, support Kenny’s Law, and secure a bill sponsor for the 2027 Regular Legislative Session. We are asking for more than a change in procedure. We are asking for a law that prioritizes evidence preservation, requires accountability, and protects families from being denied answers because a critical step was never taken.

Please sign this petition and stand with us in honoring Kenny’s life by turning an unimaginable loss into meaningful change. Let’s make sure no other family has to experience the pain of unanswered questions when something could have been done to preserve the truth.

For Kenny. For accountability. For every family who deserves answers.