Text of FL H 317 (2026)
Gay and Transgender Panic Legal Defenses
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As introduced
2,763 characters
HB 317
2026
CODING: Words stricken are deletions; words underlined are additions.
hb317-00
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A bill to be entitled
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An act relating to gay and transgender panic legal
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defenses; providing a short title; providing
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legislative findings; creating s. 900.06, F.S.;
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providing definitions; prohibiting the use of a
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nonviolent sexual advance or specified perceptions or
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beliefs about another person as a defense to a
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criminal offense, to excuse or justify a person's
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conduct, or to mitigate the severity of an offense;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. This act may be cited as the "Gay and
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Transgender Panic Legal Defenses Prohibition Act."
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Section 2. The Legislature finds that gay and transgender
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panic legal defenses raised in criminal proceedings characterize
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sexual orientation and gender expression or gender identity as
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objectively reasonable excuses for a perpetrator's loss of self-
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control, and that these defenses thereby illegitimately attempt
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to mitigate the responsibility of the perpetrator for harm done
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to lesbian, gay, bisexual, or transgender persons.
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Section 3. Section 900.06, Florida Statutes, is created to
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read:
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900.06 Use of gay and transgender panic legal defenses
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HB 317
2026
CODING: Words stricken are deletions; words underlined are additions.
hb317-00
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prohibited.—
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(1) As used in this section, the term:
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(a) "Gender expression" or "gender identity" means gender-
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related identity, appearance, or behavior, regardless of whether
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such gender-related identity, appearance, or behavior is
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different from that traditionally associated with a person's
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physiology or assigned sex at birth.
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(b) "Sexual orientation" means a person's actual or
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perceived heterosexuality, homosexuality, or bisexuality.
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(2) A nonviolent sexual advance or the perception or
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belief, even if inaccurate, of the sex, sexual orientation,
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gender expression, or gender identity of a person may not be
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used as a defense to a criminal offense, to excuse or to justify
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the conduct of a person who commits a criminal offense, or to
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mitigate the severity of a criminal offense during sentencing.
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Section 4. This act shall take effect July 1, 2026.
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