Florida SB 1228: Victims of Violence

Bill Text

1228 
Victims of Violence 
2026-01-06T09:48:24Z 
Citing this act as the “Survivor Safety Act”; creating a rebuttable presumption that persons who use force in accordance with specified provisions against a known abuser act with a reasonable fear of imminent peril of death or great bodily harm; requiring the Department of Law Enforcement, in consultation with specified persons, to develop, implement, and mandate an evidence-based, trauma-informed training program for specified persons; requiring the Florida Commission on Offender Review to establish the Survivor Self-Defense Case Review Panel, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 1228 

 By Senator DiCeglie 

 18-00934-26 20261228__ 
 1 A bill to be entitled 
 2 An act relating to victims of violence; providing a 
 3 short title; amending s. 776.012, F.S.; defining 
 4 terms; creating a rebuttable presumption that persons 
 5 who use force in accordance with specified provisions 
 6 against a known abuser act with a reasonable fear of 
 7 imminent peril of death or great bodily harm; 
 8 specifying when the rebuttable presumption applies; 
 9 requiring a court to instruct a jury regarding the 
 10 existence of the rebuttable presumption and the shift 
 11 in the burden of proof if the rebuttable presumption 
 12 applies; authorizing the court to determine whether 
 13 the defendant has met the rebuttable presumption; 
 14 specifying the admissibility of specified evidence at 
 15 trial; creating s. 943.1721, F.S.; requiring the 
 16 Department of Law Enforcement, in consultation with 
 17 specified persons, to develop, implement, and mandate 
 18 an evidence-based, trauma-informed training program 
 19 for specified persons; providing training program 
 20 requirements; requiring the department to adopt rules 
 21 and submit annual reports beginning on a specified 
 22 date; creating s. 947.271, F.S.; requiring the Florida 
 23 Commission on Offender Review to establish the 
 24 Survivor Self-Defense Case Review Panel; requiring the 
 25 panel to perform specified tasks; requiring the 
 26 commission to adopt rules and submit annual reports 
 27 beginning on a specified date; providing an effective 
 28 date. 
 29 
 30 Be It Enacted by the Legislature of the State of Florida: 
 31 
 32 Section 1. This act may be cited as the “Survivor Safety 
 33 Act.” 
 34 Section 2. Section 776.012, Florida Statutes, is amended to 
 35 read: 
 36 776.012 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 more 
 41 of any of the following records regarding a person and a known 
 42 abuser: 
 43 1. 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. 
 46 2. 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. 
 50 3. Medical records or forensic examination reports 
 51 documenting injuries consistent with domestic violence, repeat 
 52 violence, sexual violence, or dating violence attributed to the 
 53 known abuser. 
 54 4. 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 use 
 71 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 
 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