Gay and Transgender Panic Legal Defenses

Crime

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Harris ; (CO-INTRODUCERS) Campbell ; Rosenwald
Last action: 2026-03-13
Official status: House - Died in Criminal Justice Subcommittee
Effective date: 2026-07-01

Plain English Breakdown

The bill did not pass and died in committee, so it will not become law as written.

Ban on Using Sexual Orientation and Gender Identity in Criminal Defense

This law stops people from using nonviolent sexual advances or beliefs about someone's gender identity or sexual orientation as a reason to avoid punishment for crimes.

What This Bill Does

Creates a new section in Florida Statutes that bans the use of certain defenses in criminal cases.
Defines 'gender expression' and 'sexual orientation' to clarify what is meant by these terms in the law.
Prohibits using nonviolent sexual advances or beliefs about someone's gender identity, gender expression, or sexual orientation as a defense for committing a crime.

Who It Names or Affects

People who might use nonviolent sexual advances or beliefs about someone's gender identity or sexual orientation as a defense in criminal cases.
Courts and judges when deciding on criminal cases involving these defenses.

Terms To Know

Gender expression: How a person shows their gender through appearance, behavior, or other ways, regardless of what they were assigned at birth.
Sexual orientation: A person's sexual attraction to others, whether it is towards people of the same sex, opposite sex, both sexes, or none at all.

Limits and Unknowns

The bill did not pass and died in committee, so it will not become law as written.
It does not specify what happens to existing cases where these defenses have been used before the effective date.

Bill History

2026-03-13 House
• Died in Criminal Justice Subcommittee
2026-01-13 House
• 1st Reading (Original Filed Version)
2025-11-12 House
• Referred to Criminal Justice Subcommittee • Referred to Judiciary Committee • Now in Criminal Justice Subcommittee
2025-11-04 House
• Filed

Official Summary Text

Gay and Transgender Panic Legal Defenses; Prohibits use of nonviolent sexual advance or specified perceptions or beliefs about another person as defense to criminal offense, to excuse or justify person's conduct, or to mitigate severity of offense.

Current Bill Text

Read the full stored bill text

HB 317 2026

CODING: Words stricken are deletions; words underlined are additions.
hb317-00
Page 1 of 2
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to gay and transgender panic legal 2
defenses; providing a short title; providing 3
legislative findings; creating s. 900.06, F.S.; 4
providing definitions; prohibiting the use of a 5
nonviolent sexual advance or specified perceptions or 6
beliefs about another person as a defense to a 7
criminal offense, to excuse or justify a person's 8
conduct, or to mitigate the severity of an offense; 9
providing an effective date. 10
11
Be It Enacted by the Legislature of the State of Florida: 12
13
Section 1. This act may be cited as the "Gay and 14
Transgender Panic Legal Defenses Prohibition Act." 15
Section 2. The Legislature finds that gay and transgender 16
panic legal defenses raised in criminal proceedings characterize 17
sexual orientation and gender expression or gender identity as 18
objectively reasonable excuses for a perpetrator's loss of self-19
control, and that these defenses thereby illegitimately attempt 20
to mitigate the responsibility of the perpetrator for harm done 21
to lesbian, gay, bisexual, or transgender persons. 22
Section 3. Section 900.06, Florida Statutes, is created to 23
read: 24
900.06 Use of gay and transgender panic legal defenses 25

HB 317 2026

CODING: Words stricken are deletions; words underlined are additions.
hb317-00
Page 2 of 2
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

prohibited.— 26
(1) As used in this section, the term: 27
(a) "Gender expression" or "gender identity" means gender-28
related identity, appearance, or behavior, regardless of whether 29
such gender-related identity, appearance, or behavior is 30
different from that traditionally associated with a person's 31
physiology or assigned sex at birth. 32
(b) "Sexual orientation" means a person's actual or 33
perceived heterosexuality, homosexuality, or bisexuality. 34
(2) A nonviolent sexual advance or the perception or 35
belief, even if inaccurate, of the sex, sexual orientation, 36
gender expression, or gender identity of a person may not be 37
used as a defense to a criminal offense, to excuse or to justify 38
the conduct of a person who commits a criminal offense, or to 39
mitigate the severity of a criminal offense during sentencing. 40
Section 4. This act shall take effect July 1, 2026. 41