The proposed bill, titled the "Gay and Transgender Panic Legal Defenses Prohibition Act," aims to prohibit the use of gay and transgender panic defenses in criminal proceedings. It defines key terms such as "gender expression," "gender identity," and "sexual orientation," emphasizing that these aspects should not be used to excuse or justify criminal behavior. The bill asserts that such defenses unfairly characterize the sexual orientation and gender identity of victims as justifications for a perpetrator's loss of self-control, thereby attempting to mitigate the perpetrator's responsibility for harm inflicted on LGBTQ+ individuals.
Specifically, the bill creates a new section in the Florida Statutes, 900.06, which explicitly states that a nonviolent sexual advance or any perception or belief regarding an individual's sexual orientation or gender identity cannot be used as a defense in criminal cases. This includes efforts to excuse or justify the conduct of the offender or to lessen the severity of the offense during sentencing. The act is set to take effect on July 1, 2026.