Felons convicted of violent and sexual crimes won’t be released prior to sentencing under a bill signed by Gov. Ron DeSantis on Tuesday.
The bill (HB 455) is called “Missy’s Law” after Melissa “Missy” Mogle, a Tallahassee 5-year-old allegedly killed by her stepfather, Daniel Spencer, last year as he awaited sentencing for an unrelated charge of attempting to meet a minor for sex.
Before signing the measure in a ceremony in Tampa, DeSantis called on the House to impeach 2nd Judicial Circuit Court Judge Tiffany Baker-Carper, who released Spencer pending sentencing.
“To my friends in the Florida House of Representatives, I don’t think what you’ve done is enough,” DeSantis said. “Until you start holding these judges accountable, they’re going to continue to find ways to benefit the criminal element. This was an outrage.”
Police say Spencer abused and killed Mogle in May 2025, while he was out on bail. Spencer was charged with first-degree murder.
The new law will require judges to immediately remand someone found guilty of a dangerous crime into custody pending sentencing or further proceedings without the possibility of release on bond.
Mogle’s family was present when DeSantis signed the bill and another measure (HB 1159) a bill that replaces the term “child pornography” with “child sexual assault material,” into Florida law.
“Any time you do legislation like this, it’s obviously bittersweet because a tragedy leads to the impetus to do something, and so you reflect on that and see the pain of the family, but also know that you’ve done something about it and in the future this isn’t going to happen to another 5-year-old girl,” DeSantis said. “The state of Florida is safer as a result of this.”
Baker-Carper was elected in 2020 by a 58-42 percent margin over Tallahassee attorney Amanda Wall. If she is impeached or resigns from office, DeSantis would name her replacement.
Under the state constitution the House has the power to impeach judges with a two-thirds majority vote. Republicans hold a supermajority of more than two-thirds in the House, with an 85-34 advantage over Democrats.
Impeachments of judges are rare, but the threat of impeachment carries weight.
The House in 2017 took initial steps toward impeaching two judges, 4th Judicial Circuit Court Judge Mark Hulsey and 3rd Judicial Circuit Court Judge Andrew Decker III, scheduling inquiries into their conduct.
Hulsey was accused of making racist and sexist remarks from the bench. He resigned before his House hearing took place. Decker was accused of a conflict of interest in representing clients while he was an attorney before being elected as a judge. He received a six-month suspension from the Florida Supreme Court but was not impeached.
–Ana Goñi-Lessan, News Service of Florida
R.S. says
I tend to believe that assisting returning citizens after incarceration will be much more helpful than punishments. I know someone who received a bud ticket home to no place to live and no place to work. Is it really any surprise that people will recidivate?