Florida's New "Missy's Law" (HB 445): Mandatory Custody After Conviction for Certain Dangerous Crimes
- J. Ruffin Hunt
- 7 hours ago
- 4 min read
Beginning July 1, 2026, a new Florida criminal law known as Missy’s Law officially went into effect, creating significant changes to what happens after a person is convicted of certain serious criminal offenses.
Missy’s Law, passed through House Bill 445 (HB 445), changes Florida law by requiring courts to immediately take certain defendants into custody after they enter a plea or are found guilty of a “dangerous crime.” Under the new law, qualifying defendants may no longer remain out on bond while waiting for their sentencing hearing.
The law represents a major change in the period between conviction and sentencing, especially for individuals facing serious felony charges in Florida.
What Is Missy’s Law?
Missy’s Law is a Florida law that requires a person to be immediately remanded into custody after being convicted of certain dangerous crimes.
The law was named in memory of a young child named Missy, whose death led lawmakers to reconsider when defendants convicted of serious offenses should be allowed to remain free before sentencing.
According to supporters of the legislation, Missy was killed by a person who had already been convicted of an offense involving an attempted sex crime against a minor but was permitted to remain out of custody while awaiting sentencing. In response, Florida lawmakers passed HB 445 to require immediate custody after conviction for certain offenses.
What Changed Under HB 445?
Before Missy’s Law, a person accused of a crime could sometimes remain out of custody after entering a plea or being found guilty while waiting for sentencing. Whether the person was allowed to remain out depended on several factors, including the type of offense, the defendant’s history, the judge’s decision, and the circumstances of the case.
Missy’s Law creates a mandatory rule for certain offenses.
Under the new law, if a person:
pleads guilty;
pleads nolo contendere (“no contest”); or
is found guilty at trial;
of a qualifying dangerous crime, the court must immediately remand that person into custody.
This requirement applies regardless of whether adjudication is withheld. In other words, even if the judge does not formally adjudicate the person guilty, the custody requirement may still apply if the offense falls within the law.
Does Missy’s Law Apply While Waiting for Sentencing?
Yes. The primary purpose of Missy’s Law is to address the time period after a conviction but before sentencing.
In many felony cases, sentencing does not always occur immediately after a plea or trial. Sentencing hearings may be scheduled weeks or months later while attorneys prepare arguments, sentencing memorandums, mitigation evidence, victim statements, evaluations, or other information for the court to consider.
Under Missy’s Law, defendants convicted of qualifying dangerous crimes must remain in custody during this period.
The law applies even if the person intends to appeal the conviction or has already filed a notice of appeal.
What Crimes Are Covered by Missy’s Law?
Missy’s Law applies to offenses classified under Florida law as “dangerous crimes.”
Florida’s dangerous crime statute includes many serious felony offenses, including certain violent crimes, sex offenses, and other offenses that the Legislature has determined require heightened restrictions.
HB 445 also expanded the definition of dangerous crimes by adding certain computer pornography and child exploitation offenses under Section 847.0135, Florida Statutes.
This means certain offenses involving:
online child exploitation;
unlawful use of technology involving minors; and
related offenses under Section 847.0135;
may now be treated as dangerous crimes for purposes of Florida’s bond and custody laws.
How Does Missy’s Law Affect Pretrial Release?
Although much of Missy’s Law focuses on custody after conviction, HB 445 also impacts certain pretrial release decisions.
Because the law adds CSAM/Child Pornography offenses under Section 847.0135 to Florida’s list of dangerous crimes, people arrested for those offenses may face additional restrictions when seeking release from jail.
For qualifying offenses:
a defendant may not receive nonmonetary pretrial release at first appearance if the court finds probable cause that the offense occurred; and
prosecutors may seek pretrial detention if the legal requirements are met.
This can make securing release from jail more complicated for individuals charged with certain internet-related sex offenses.
Does Missy’s Law Apply if a Conviction Is Overturned?
No. The custody requirement does not continue if the underlying plea or finding of guilt is legally undone.
The law does not apply if the conviction or plea requiring custody is:
vacated;
reversed on appeal;
set aside by a judgment of acquittal; or
otherwise legally nullified.
If the basis for requiring custody no longer exists, the mandatory custody provision no longer applies.
Why Is Missy’s Law Important?
Missy’s Law creates a significant change in how Florida courts handle serious criminal cases.
For defendants, the consequences of entering a plea or proceeding to trial are now even more important because a conviction for certain offenses may result in immediate incarceration, even before the final sentence is imposed.
This means individuals facing allegations involving dangerous crimes must carefully consider:
whether the offense qualifies under the statute;
whether a plea will trigger mandatory custody;
the timing of sentencing;
potential defenses; and
the consequences of any plea agreement.
Charged With a Serious Crime in Tampa or Hillsborough County?
If you have been arrested or charged with a serious criminal offense in Tampa or Hillsborough County, understanding how new laws like Missy’s Law may affect your case is critical.
A criminal charge does not automatically mean you will be convicted. The State must still prove every element of the offense beyond a reasonable doubt, and every case depends on the specific facts, evidence, and legal issues involved.
At Hunt Law, Tampa criminal defense attorney J. Ruffin Hunt uses his experience as a former Division Chief with the Hillsborough County Public Defender’s Office to defend individuals facing serious criminal allegations throughout the Tampa Bay area.
If you have questions about a pending criminal case, contact Hunt Law at (813) 787-4849 for a free and confidential case consultation.
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