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HB 1127 2026
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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 victims of violence; providing a 2
short title; amending s. 776.012, F.S.; defining 3
terms; creating a rebuttable presumption that persons 4
who use force in accordance with specified provisions 5
against a known abuser act with a reasonable fear of 6
imminent peril of death or great bodily harm; 7
specifying when the rebuttable presumption applies; 8
requiring a court to instruct a jury regarding the 9
existence of the rebuttable presumption and the shift 10
in the burden of proof if the rebuttable presumption 11
applies; authorizing the court to determine whether 12
the defendant has met the rebuttable presumption; 13
specifying the admissibility of specified evidence at 14
trial; creating s. 943.1721, F.S.; requiring the 15
Department of Law Enforcement, in consultation with 16
specified persons, to develop, implement, and mandate 17
an evidence-based, trauma-informed training program 18
for specified persons; providing training program 19
requirements; requiring the department to adopt rules 20
and submit annual reports beginning on a specified 21
date; creating s. 947.271, F.S.; requiring the Florida 22
Commission on Offender Review to establish the 23
Survivor Self-Defense Case Review Panel; requiring the 24
panel to perform specified tasks; requiring the 25
HB 1127 2026
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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
commission to adopt rules and submit annual reports 26
beginning on a specified date; providing an effective 27
date. 28
29
Be It Enacted by the Legislature of the State of Florida: 30
31
Section 1. This act may be cited as the "Survivor Safety 32
Act." 33
Section 2. Section 776.012, Florida Statutes, is amended 34
to read: 35
776.012 Use or threatened use of force in defense of 36
person.— 37
(1) As used in this section, the term: 38
(a) "Child" has the same meaning as in s. 39.01. 39
(b) "Documented history" means the existence of one or 40
more of any of the following records regarding a person and a 41
known abuser: 42
1. A valid and unexpired injunction issued for protection 43
against domestic violence under s. 741.30 or repeat violence, 44
sexual violence, or dating violence under s. 784.046. 45
2. A prior sworn criminal complaint, police report, arrest 46
affidavit, or conviction record evidencing an act of domestic 47
violence as defined in s. 741.28 or dating violence as defined 48
in s. 784.046. 49
3. Medical records or forensic examination reports 50
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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
documenting injuries consistent with domestic violence, repeat 51
violence, sexual violence, or dating violence attributed to the 52
known abuser. 53
4. Certified records from a domestic violence center or 54
similar agency documenting the person's status as a victim of 55
abuse by the known abuser. 56
(c) "Known abuser" means the recorded perpetrator of 57
domestic violence, repeat violence, sexual violence, or dating 58
violence against the person or the person's child, provided that 59
this same individual is the person against whom force was used 60
in the incident giving rise to the claim of self-defense. 61
(2) A person is justified in using or threatening to use 62
force, except deadly force, against another when and to the 63
extent that the person reasonably believes that such conduct is 64
necessary to defend himself or herself or another against the 65
other's imminent use of unlawful force. A person who uses or 66
threatens to use force in accordance with this subsection does 67
not have a duty to retreat before using or threatening to use 68
such force. 69
(3)(2) A person is justified in using or threatening to 70
use deadly force if he or she reasonably believes that using or 71
threatening to use such force is necessary to prevent imminent 72
death or great bodily harm to himself or herself or another or 73
to prevent the imminent commission of a forcible felony. A 74
person who uses or threatens to use deadly force in accordance 75
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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
with this subsection does not have a duty to retreat and has the 76
right to stand his or her ground if the person using or 77
threatening to use the deadly force is not engaged in a criminal 78
activity and is in a place where he or she has a right to be. 79
(4) There is a rebuttable presumption that a person who 80
uses force in accordance with subsection (2) or subsection (3) 81
against a known abuser acts with a reasonable fear of imminent 82
peril of death or great bodily harm if the person establishes by 83
a preponderance of the evidence that he or she has a documented 84
history of domestic violence, repeat violence, sexual violence, 85
or dating violence perpetrated by the known abuser against 86
himself or herself or his or her child. 87
(a) The rebuttable presumption applies if: 88
1. A person presents credible evidence of a documented 89
history; 90
2. The person used force in response to an objectively 91
reasonable apprehension of imminent peril of death or great 92
bodily harm, sexual assault, or kidnapping based on the totality 93
of the circumstances, taking into account the history of 94
violence. The presumption acknowledges that prior violence 95
informs the reasonableness of the person's perception of 96
imminent harm; 97
3. The person did not provoke or initiate the 98
confrontation that led to the use of force, and was not engaged 99
in any unlawful activity at the time; and 100
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4. The use of force occurred in a place where the person 101
had a legal right to be. 102
(b) If the rebuttable presumption applies, the court shall 103
instruct the jury regarding the existence of this presumption 104
and the shift in the burden of proof, and the prosecution bears 105
the burden of rebutting the presumption beyond a reasonable 106
doubt that a defendant acted with a reasonable fear of imminent 107
peril of death or great bodily harm. 108
(c) The court may determine in a pretrial evidentiary 109
hearing whether the defendant has met the threshold showing of a 110
documented history sufficient to meet the presumption for trial 111
purposes. 112
(d) Evidence of the documented history of domestic 113
violence, repeat violence, sexual violence, or dating violence, 114
including the specific acts underlying that history, are 115
admissible at trial to support the defendant's claim of self-116
defense and the applicability of the rebuttable presumption. 117
Such evidence is admissible regardless of whether the defendant 118
knew of its existence at the precise moment force was used, to 119
establish the context of the relationship and reasonableness of 120
fear. 121
Section 3. Section 943.1721, Florida Statutes, is created 122
to read: 123
943.1721 Trauma-informed training for legal personnel in 124
domestic violence cases.— 125
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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
(1) The department, in consultation with the Office of the 126
State Courts Administrator and recognized experts in domestic 127
violence and dating violence trauma, shall develop, implement, 128
and mandate an evidence-based, trauma-informed training program. 129
This training must be required for: 130
(a) Law enforcement officers, including patrol officers, 131
detectives, and supervisors, involved in responding to or 132
investigating domestic or dating violence incidents. 133
(b) State attorneys and assistant state attorneys 134
prosecuting criminal cases. 135
(c) Judges presiding over criminal cases, including 136
pretrial hearings, trials, and sentencing, involving allegations 137
of domestic violence or dating violence or related self-defense 138
claims. 139
(2) The training program must provide practical 140
instruction on recognizing common trauma responses in survivors, 141
including, but not limited to, freezing, dissociation, memory 142
fragmentation, and fear-based compliance; understanding dynamics 143
of coercive control and entrapment; and applying trauma-informed 144
techniques or interviews and evidence collection and assessing 145
the context of self-defense claims to avoid misinterpreting 146
survival behaviors. 147
(3) The department shall adopt rules to establish a 148
trauma-informed training program for the persons specified in 149
paragraphs (1)(a)-(c), which rules must include standards for 150
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curriculum, frequency, and certification. The persons specified 151
in paragraphs (1)(a)-(c) must complete training according to 152
such rules. 153
(4) The department shall submit a report by December 1, 154
2027, and annually thereafter, to the Attorney General, the 155
President of the Senate, and the Speaker of the House of 156
Representatives regarding compliance and program effectiveness. 157
(5) Federal and state grants may supplement any 158
legislative appropriation to ensure continued funding and 159
operation of the training program. 160
Section 4. Section 947.271, Florida Statutes, is created 161
to read: 162
947.271 Survivor Self-Defense Case Review Panel.— 163
(1) ESTABLISHMENT.—The commission shall establish a 164
Survivor Self-Defense Case Review Panel to evaluate convictions 165
where evidence of domestic violence, dating violence, or 166
coercive control may have materially impacted the adjudication 167
of self-defense claims. 168
(2) PANEL FUNCTIONS.—The panel shall do all of the 169
following: 170
(a) Review petitions from incarcerated individuals 171
convicted of offenses involving the use of force against an 172
intimate partner or family or household member as defined in s. 173
741.28 where: 174
1. The petitioner presents documented evidence of prior 175
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abuse as a victim; and 176
2. Self-defense was asserted at trial or would be relevant 177
under s. 776.012. 178
(b) Recommend appropriate remedies to the commission, 179
including sentence reduction, conditional release, or support 180
for postconviction relief motions. 181
(c) Facilitate pro bono legal counsel for petitioners 182
through partnerships with nonprofit legal service providers. 183
(3) IMPLEMENTATION.—The commission shall adopt rules 184
governing all of the following: 185
(a) Application procedures and eligibility criteria. 186
(b) Panel composition and operating standards. 187
(c) Prioritization of cases based on length of 188
incarceration, age, health, or other humanitarian factors. 189
(d) Coordination with state attorneys, victim advocates, 190
and the Justice Administrative Commission. 191
(4) REPORTING.—The commission shall submit a report by 192
December 1, 2027, and annually thereafter, to the Governor, the 193
Attorney General, the President of the Senate, and the Speaker 194
of the House of Representatives. The report must include all of 195
the following: 196
(a) The number of petitions received and reviewed; 197
(b) Any recommended remedies; and 198
(c) Any barriers to justice identified through panel work. 199
Section 5. This act shall take effect July 1, 2026. 200