Florida Senate - 2023 SB 328 By Senator Book 35-00526-23 2023328__ 1 A bill to be entitled 2 An act relating to gay and transgender panic legal 3 defenses; creating s. 900.06, F.S.; providing a short 4 title; providing legislative findings; defining terms; 5 prohibiting individuals from using a nonviolent sexual 6 advance or specified perceptions or beliefs about 7 another individual as a defense to a criminal offense, 8 to excuse or justify the conduct of an individual who 9 commits a criminal offense, or to mitigate the 10 severity of a criminal offense; providing an effective 11 date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Section 900.06, Florida Statutes, is created to 16 read: 17 900.06 Use of gay and transgender panic legal defenses 18 prohibited.— 19 (1) SHORT TITLE.—This act may be cited as the “Gay and 20 Transgender Panic Legal Defenses Prohibition Act.” 21 (2) LEGISLATIVE FINDINGS.—The Legislature finds that gay 22 and transgender panic legal defenses raised in criminal 23 proceedings characterize sexual orientation and gender 24 expression or gender identity as objectively reasonable excuses 25 for a perpetrator’s loss of self-control, and that these 26 defenses thereby illegitimately attempt to mitigate the 27 responsibility of the perpetrator for harm done to lesbian, gay, 28 bisexual, or transgender individuals. 29 (3) DEFINITIONS.—As used in this section, the term: 30 (a) “Gay and transgender panic legal defense” means a legal 31 strategy that asks a judge or a jury to find that a victim’s 32 sexual orientation or gender identity is the cause of the 33 defendant’s reaction and commission of a criminal offense. 34 (b) “Gender expression” or “gender identity” means gender 35 related identity, appearance, or behavior, regardless of whether 36 such gender-related identity, appearance, or behavior is 37 different from that traditionally associated with a person’s 38 physiology or assigned sex at birth. 39 (c) “Sexual orientation” means an individual’s actual or 40 perceived heterosexuality, homosexuality, or bisexuality. 41 (4) PROHIBITION ON GAY AND TRANSGENDER PANIC LEGAL 42 DEFENSES.—A nonviolent sexual advance or the perception or 43 belief, even if inaccurate, of the sex, sexual orientation, 44 gender expression, or gender identity of an individual may not 45 be used as a defense to a criminal offense, to excuse or to 46 justify the conduct of an individual who commits a criminal 47 offense, or to mitigate the severity of a criminal offense 48 during sentencing. 49 Section 2. This act shall take effect July 1, 2023.