Florida 2025 Regular Session

Florida House Bill H1235 Latest Draft

Bill / Introduced Version Filed 02/26/2025

                               
 
HB 1235   	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1235-00 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
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 illegitimat ely attempt 20 
to mitigate the responsibility of the perpetrator for harm done 21 
to lesbian, gay, bisexual, or transgender individuals. 22 
 Section 3.  Section 900.06, Florida Statutes, is created to 23 
read: 24 
 900.06  Use of gay and transgender panic legal defenses 25     
 
HB 1235   	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1235-00 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
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 
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, 2025. 42