SESSION WATCH
Died SENATE · SESSION 2026

No. SB 336

Gay and Transgender Panic Legal Defenses
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SPONSOR
Smith
FILED BY
Carlos Guillermo Smith — District 17, Democrat [search donations]
EFFECTIVE
7/1/2026
DIED IN
Criminal Justice

Filed under Criminal Justice.

PROVIDED SUMMARY

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.

Full bill text →

Plain English Summary

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

The bill prohibits defendants from claiming a victim's sexual orientation or gender identity caused them to lose control.

This ban applies to all criminal cases, not just those involving violence against LGBTQ+ individuals.

It prevents using such claims to reduce the severity of a sentence during the sentencing phase.

The law takes effect on July 1, 2026, and applies to all future criminal proceedings in Florida.

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

AIBans the use of specific panic-related claims as legal defenses in criminal cases.

“may not be used as a defense to a criminal offense, to excuse or to justify the conduct of an individual who commits a criminal offense, or to mitigate the severity of a criminal” bill text, line 37 →
§ 2 Definition of Gender Identity moderates. 900.06(1)(a)

AIEstablishes a statutory definition for gender expression and identity based on personal identity, appearance, or behavior.

“means gender related identity, appearance, or behavior, regardless of whether such gender-related identity, appearance, or behavior is different from that which is traditionally” bill text, line 28 →
§ 3 Definition of Sexual Orientation moderates. 900.06(1)(b)

AIDefines sexual orientation to include actual or perceived heterosexuality, homosexuality, or bisexuality.

“means an individual's actual or perceived heterosexuality, homosexuality, or bisexuality.” bill text, line 33 →
TIMELINE
3/13/2026
Died in Criminal Justice
1/13/2026
Introduced
11/17/2025
Referred to Criminal Justice; Judiciary; Fiscal Policy
11/4/2025
Filed
STATUTES IT CHANGES
s. 900.06
+135 / −0