SESSION WATCH
Died HOUSE · SESSION 2026

No. HB 317

Gay and Transgender Panic Legal Defenses
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SPONSOR
Harris
FILED BY
Jennifer Harris — District 44, Democrat [search donations]
EFFECTIVE
7/1/2026
DIED IN
Criminal Justice Subcommittee

Filed under Criminal Justice.

PROVIDED SUMMARY

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.

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Plain English Summary

AI-GENERATED
Bans using victim's identity as a criminal defense.

The bill prohibits using a victim's sexual orientation or gender identity as a legal defense in criminal cases. This applies to both the initial charge and the sentencing phase.

It also bars using a nonviolent sexual advance as an excuse for committing a crime. This prevents defendants from claiming a victim's actions provoked the offense.

The law defines gender identity and sexual orientation broadly to cover actual or perceived characteristics. This ensures the prohibition applies even if the defendant's beliefs are inaccurate.

The new statute takes effect on July 1, 2026. It creates a specific legal barrier against these types of arguments in Florida courts.

KEY PROVISIONS
§ 1 Prohibition on Panic Defenses majors. 900.06(2)

AIBans using a victim's sex, orientation, or gender identity as a legal defense or sentencing mitigation in criminal cases.

“may not be used as a defense to a criminal offense, to excuse or to justify the conduct of a person who commits a criminal offense, or to mitigate the severity of a criminal offe” bill text, line 37 →
§ 2 Definitions of Protected Characteristics moderates. 900.06(1)(a)

AILegally defines sexual orientation and gender identity/expression to establish the scope of the prohibited defense.

“Gender expression or gender identity means gender-related identity, appearance, or behavior, regardless of whether such gender-related identity, appearance, or behavior is dif”
§ 3 Legislative Findings moderates. 2

AIDeclares that panic defenses illegitimately mitigate perpetrator responsibility for harm done to LGBTQ persons.

“illegitimately attempt to mitigate the responsibility of the perpetrator for harm done to lesbian, gay, bisexual, or transgender persons” bill text, line 20 →
TIMELINE
3/13/2026
Died in Criminal Justice Subcommittee
1/13/2026
1st Reading (Original Filed Version)
11/12/2025
Now in Criminal Justice Subcommittee
11/12/2025
Referred to Judiciary Committee
11/12/2025
Referred to Criminal Justice Subcommittee
11/4/2025
Filed
STATUTES IT CHANGES
s. 900.06
+131 / −0