SB0336 • 2026

Gay and Transgender Panic Legal Defenses

Passed Legislature

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

Sponsor: Smith
Last action: 2026-03-13
Official status: Senate - Died in Criminal Justice
Effective date: 2026-07-01

Plain English Breakdown

The official source material does not provide specific details on how the law will be implemented in practice.

Ban on Using Sexual Orientation and Gender Identity as Defense in Criminal Cases

This law stops people from using another person's sexual orientation or gender identity to defend themselves against criminal charges.

What This Bill Does

Creates a new law that says you can't use another person’s sexual orientation, gender expression, or gender identity as a reason for your actions in court.
Defines terms like 'gender expression' and 'sexual orientation'.
Prohibits using nonviolent sexual advances or perceptions about someone's sex, sexual orientation, gender expression, or gender identity to defend against criminal charges.

Who It Names or Affects

People who might use another person’s sexual orientation or gender identity as a defense in court.
Judges and lawyers involved in criminal cases.

Terms To Know

Gender expression: How a person shows their gender through appearance, behavior, or other ways.
Sexual orientation: Who someone is romantically or sexually attracted to.

Limits and Unknowns

The law only applies in Florida and does not affect other states.
It doesn't change how people are treated outside of criminal cases.

Bill History

2026-03-13 Senate
• Died in Criminal Justice
2026-01-13 Senate
• Introduced
2025-11-17 Senate
• Referred to Criminal Justice; Judiciary; Fiscal Policy
2025-11-04 Senate
• Filed

Official Summary Text

Gay and Transgender Panic Legal Defenses; Citing this act as the “Gay and Transgender Panic Legal Defenses Prohibition Act”; prohibiting individuals from using a nonviolent sexual advance or specified perceptions or beliefs about another individual as a defense to a criminal offense, to excuse or justify an individual’s conduct, or to mitigate the severity of an offense, etc.

Current Bill Text

Read the full stored bill text

Florida Senate
-
2026

SB 336

By
Senator Smith

17-00088-26 2026336__
1 A bill to be entitled
2 An act relating to gay and transgender panic legal
3 defenses; providing a short title; providing
4 legislative findings; creating s. 900.06, F.S.;
5 defining terms; prohibiting individuals from using a
6 nonviolent sexual advance or specified perceptions or
7 beliefs about another individual as a defense to a
8 criminal offense, to excuse or justify an individual’s
9 conduct, or to mitigate the severity of an offense;
10 providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1.
This act may be cited as the “Gay and

15
Transgender Panic Legal Defenses Prohibition Act.”

16 Section 2.
The Legislature finds that gay and transgender

17
panic legal defenses raised in criminal proceedings characterize

18
sexual orientation and gender expression or gender identity as

19
objectively reasonable excuses for a perpetrator’s loss of self

20
control, and that these defenses thereby illegitimately attempt

21
to mitigate the responsibility of the perpetrator for harm done

22
to lesbian, gay, bisexual, or transgender individuals.

23 Section 3. Section 900.06, Florida Statutes, is created to
24 read:
25
900.06

Use of gay and transgender panic legal defenses

26
prohibited.—

27
(1)

As used in this section, the term:

28
(a)

“Gender expression” or “gender identity” means gender

29
related identity, appearance, or behavior, regardless of whether

30
such gender-related identity, appearance, or behavior is

31
different from that which is traditionally associated with a

32
person’s physiology or assigned sex at birth.

33
(b)

“Sexual orientation” means an individual’s actual or

34
perceived heterosexuality, homosexuality, or bisexuality.

35
(2)

A nonviolent sexual advance or the perception or

36
belief, even if inaccurate, of the sex, sexual orientation,

37
gender expression, or gender identity of an individual may not

38
be used as a defense to a criminal offense, to excuse or to

39
justify the conduct of an individual who commits a criminal

40
offense, or to mitigate the severity of a criminal offense

41
during sentencing.

42 Section 4. This act shall take effect July 1, 2026.