H 1127

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    HB 1127  2026
1A bill to be entitled
2An act relating to victims of violence; providing a
3short title; amending s. 776.012, F.S.; defining
4terms; creating a rebuttable presumption that persons
5who use force in accordance with specified provisions
6against a known abuser act with a reasonable fear of
7imminent peril of death or great bodily harm;
8specifying when the rebuttable presumption applies;
9requiring a court to instruct a jury regarding the
10existence of the rebuttable presumption and the shift
11in the burden of proof if the rebuttable presumption
12applies; authorizing the court to determine whether
13the defendant has met the rebuttable presumption;
14specifying the admissibility of specified evidence at
15trial; creating s. 943.1721, F.S.; requiring the
16Department of Law Enforcement, in consultation with
17specified persons, to develop, implement, and mandate
18an evidence-based, trauma-informed training program
19for specified persons; providing training program
20requirements; requiring the department to adopt rules
21and submit annual reports beginning on a specified
22date; creating s. 947.271, F.S.; requiring the Florida
23Commission on Offender Review to establish the
24Survivor Self-Defense Case Review Panel; requiring the
25panel to perform specified tasks; requiring the
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26commission to adopt rules and submit annual reports
27beginning on a specified date; providing an effective
28date.
29
30    Be It Enacted by the Legislature of the State of Florida:
31
32Section 1.       This act may be cited as the "Survivor Safety
33    Act."
34Section 2.       Section 776.012, Florida Statutes, is amended
35    to read:
36776.012      Use or threatened use of force in defense of
37    person.—
38(1)     As used in this section, the term:
39(a)      "Child" has the same meaning as in s. 39.01.
40(b)      "Documented history" means the existence of one or
41    more of any of the following records regarding a person and a
42    known abuser:
431.      A valid and unexpired injunction issued for protection
44    against domestic violence under s. 741.30 or repeat violence,
45    sexual violence, or dating violence under s. 784.046.
462.      A prior sworn criminal complaint, police report, arrest
47    affidavit, or conviction record evidencing an act of domestic
48    violence as defined in s. 741.28 or dating violence as defined
49    in s. 784.046.
503.      Medical records or forensic examination reports
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51    documenting injuries consistent with domestic violence, repeat
52    violence, sexual violence, or dating violence attributed to the
53    known abuser.
544.      Certified records from a domestic violence center or
55    similar agency documenting the person's status as a victim of
56    abuse by the known abuser.
57(c)      "Known abuser" means the recorded perpetrator of
58    domestic violence, repeat violence, sexual violence, or dating
59    violence against the person or the person's child, provided that
60    this same individual is the person against whom force was used
61    in the incident giving rise to the claim of self-defense.
62(2)     A person is justified in using or threatening to use
63    force, except deadly force, against another when and to the
64    extent that the person reasonably believes that such conduct is
65    necessary to defend himself or herself or another against the
66    other's imminent use of unlawful force. A person who uses or
67    threatens to use force in accordance with this subsection does
68    not have a duty to retreat before using or threatening to use
69    such force.
70(3)(2)      A person is justified in using or threatening to
71    use deadly force if he or she reasonably believes that using or
72    threatening to use such force is necessary to prevent imminent
73    death or great bodily harm to himself or herself or another or
74    to prevent the imminent commission of a forcible felony. A
75    person who uses or threatens to use deadly force in accordance
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76     with this subsection does not have a duty to retreat and has the
77     right to stand his or her ground if the person using or
78     threatening to use the deadly force is not engaged in a criminal
79     activity and is in a place where he or she has a right to be.
80(4)      There is a rebuttable presumption that a person who
81     uses force in accordance with subsection (2) or subsection (3)
82     against a known abuser acts with a reasonable fear of imminent
83     peril of death or great bodily harm if the person establishes by
84     a preponderance of the evidence that he or she has a documented
85     history of domestic violence, repeat violence, sexual violence,
86     or dating violence perpetrated by the known abuser against
87     himself or herself or his or her child.
88(a)      The rebuttable presumption applies if:
891.      A person presents credible evidence of a documented
90     history;
912.      The person used force in response to an objectively
92     reasonable apprehension of imminent peril of death or great
93     bodily harm, sexual assault, or kidnapping based on the totality
94     of the circumstances, taking into account the history of
95     violence. The presumption acknowledges that prior violence
96     informs the reasonableness of the person's perception of
97     imminent harm;
983.      The person did not provoke or initiate the
99     confrontation that led to the use of force, and was not engaged
100    in any unlawful activity at the time; and
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1014.      The use of force occurred in a place where the person
102    had a legal right to be.
103(b)      If the rebuttable presumption applies, the court shall
104    instruct the jury regarding the existence of this presumption
105    and the shift in the burden of proof, and the prosecution bears
106    the burden of rebutting the presumption beyond a reasonable
107    doubt that a defendant acted with a reasonable fear of imminent
108    peril of death or great bodily harm.
109(c)      The court may determine in a pretrial evidentiary
110    hearing whether the defendant has met the threshold showing of a
111    documented history sufficient to meet the presumption for trial
112    purposes.
113(d)      Evidence of the documented history of domestic
114    violence, repeat violence, sexual violence, or dating violence,
115    including the specific acts underlying that history, are
116    admissible at trial to support the defendant's claim of self-
117    defense and the applicability of the rebuttable presumption.
118    Such evidence is admissible regardless of whether the defendant
119    knew of its existence at the precise moment force was used, to
120    establish the context of the relationship and reasonableness of
121    fear.
122Section 3.       Section 943.1721, Florida Statutes, is created
123    to read:
124943.1721        Trauma-informed training for legal personnel in
125    domestic violence cases.—
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126(1)     The department, in consultation with the Office of the
127    State Courts Administrator and recognized experts in domestic
128    violence and dating violence trauma, shall develop, implement,
129    and mandate an evidence-based, trauma-informed training program.
130    This training must be required for:
131(a)     Law enforcement officers, including patrol officers,
132    detectives, and supervisors, involved in responding to or
133    investigating domestic or dating violence incidents.
134(b)     State attorneys and assistant state attorneys
135    prosecuting criminal cases.
136(c)     Judges presiding over criminal cases, including
137    pretrial hearings, trials, and sentencing, involving allegations
138    of domestic violence or dating violence or related self-defense
139    claims.
140(2)     The training program must provide practical
141    instruction on recognizing common trauma responses in survivors,
142    including, but not limited to, freezing, dissociation, memory
143    fragmentation, and fear-based compliance; understanding dynamics
144    of coercive control and entrapment; and applying trauma-informed
145    techniques or interviews and evidence collection and assessing
146    the context of self-defense claims to avoid misinterpreting
147    survival behaviors.
148(3)     The department shall adopt rules to establish a
149    trauma-informed training program for the persons specified in
150    paragraphs (1)(a)-(c), which rules must include standards for
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151    curriculum, frequency, and certification. The persons specified
152    in paragraphs (1)(a)-(c) must complete training according to
153    such rules.
154(4)      The department shall submit a report by December 1,
155    2027, and annually thereafter, to the Attorney General, the
156    President of the Senate, and the Speaker of the House of
157    Representatives regarding compliance and program effectiveness.
158(5)      Federal and state grants may supplement any
159    legislative appropriation to ensure continued funding and
160    operation of the training program.
161Section 4.       Section 947.271, Florida Statutes, is created
162    to read:
163947.271      Survivor Self-Defense Case Review Panel.—
164(1)      ESTABLISHMENT.—The commission shall establish a
165    Survivor Self-Defense Case Review Panel to evaluate convictions
166    where evidence of domestic violence, dating violence, or
167    coercive control may have materially impacted the adjudication
168    of self-defense claims.
169(2)      PANEL FUNCTIONS.—The panel shall do all of the
170    following:
171(a)      Review petitions from incarcerated individuals
172    convicted of offenses involving the use of force against an
173    intimate partner or family or household member as defined in s.
174    741.28 where:
1751.      The petitioner presents documented evidence of prior
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176    abuse as a victim; and
1772.      Self-defense was asserted at trial or would be relevant
178    under s. 776.012.
179(b)     Recommend appropriate remedies to the commission,
180    including sentence reduction, conditional release, or support
181    for postconviction relief motions.
182(c)     Facilitate pro bono legal counsel for petitioners
183    through partnerships with nonprofit legal service providers.
184(3)     IMPLEMENTATION.—The commission shall adopt rules
185    governing all of the following:
186(a)     Application procedures and eligibility criteria.
187(b)     Panel composition and operating standards.
188(c)     Prioritization of cases based on length of
189    incarceration, age, health, or other humanitarian factors.
190(d)     Coordination with state attorneys, victim advocates,
191    and the Justice Administrative Commission.
192(4)     REPORTING.—The commission shall submit a report by
193    December 1, 2027, and annually thereafter, to the Governor, the
194    Attorney General, the President of the Senate, and the Speaker
195    of the House of Representatives. The report must include all of
196    the following:
197(a)     The number of petitions received and reviewed;
198(b)     Any recommended remedies; and
199(c)     Any barriers to justice identified through panel work.
200Section 5.       This act shall take effect July 1, 2026.
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