Florida Senate - 2024 SB 156 By Senator Book 35-00321-24 2024156__ Page 1 of 2 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to gay and transgender panic legal 2 defenses; providing a

short title; providing 3 legislative findings; creating s. 900.06, F.S.; 4 defining terms; prohibiting individuals from using a 5 nonviolent sexual advance or specified perceptions or 6 beliefs about another individual as a defense to a 7 criminal offense, to excuse or justify an individual’s 8 conduct, or to mitigate the severity of an offense; 9 providing an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13

Section 1. This act may be cited as the “Gay and 14 Transgender Panic Legal Defenses Prohibition Act.” 15

Section 2. The Legislature finds that gay and transgender 16 panic legal defenses raised in criminal proceedings characterize 17 sexual orientation and gender expression or gender identity as 18 objectively reasonable excuses for a perpetrator’s loss of self-19 control, and that these defenses thereby illegitimately attempt 20 to mitigate the responsibility of the perpetrator for harm done 21 to lesbian, gay, bisexual, or transgender individuals. 22

Section

Section 900.06, Florida Statutes, is created to 23 read: 24 900.06 Use of gay and transgender panic legal defenses 25 prohibited.— 26

(1) As used in this section, the term: 27 (a) “Gender expression” or “gender identity” means gender-28 related identity, appearance, or behavior, regardless of whether 29 Florida Senate - 2024 SB 156 35-00321-24 2024156__ Page 2 of 2 CODING: Words stricken are deletions; words underlined are additions. such gender-related identity, appearance, or behavior is 30 different from that traditionally associated with a person’s 31 physiology or assigned sex at birth. 32 (b) “Sexual orientation” means an individual’s actual or 33 perceived heterosexuality, homosexuality, or bisexuality. 34

(2) A nonviolent sexual advance or the perception or 35 belief, even if inaccurate, of the sex, sexual orientation, 36 gender expression, or gender identity of an individual may not 37 be used as a defense to a criminal offense, to excuse or to 38 justify the conduct of an individual who commits a criminal 39 offense, or to mitigate the severity of a criminal offense 40 during sentencing. 41

Section 4. This act shall take effect July 1, 2024. 42