Effective July 1, 2026, Florida's "Missy's Law" changes more than just criminal penalties—it changes what happens immediately after a conviction.

Much of the media coverage surrounding Missy's Law has focused on stronger protections for children and vulnerable adults. Those changes are significant, but there is another provision that may have an even greater day-to-day impact on Florida criminal cases.

Under the new law, a person convicted of certain dangerous crimes must be immediately taken into custody after pleading guilty, pleading no contest, or being found guilty at trial—even before sentencing.

For many defendants, this eliminates the possibility of remaining out on bond while preparing for sentencing.

Let's take a closer look at what Missy's Law does and why it matters.

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Table of Contents

What is Missy's Law?

Governor Ron DeSantis signed Senate Bill 928 into law in June 2026, and it became effective on July 1, 2026.

The legislation is known as Missy's Law, named in memory of Missy Potter, an adult with Down syndrome who died after suffering abuse and neglect while in the care of others.

The law makes numerous changes throughout the Florida Statutes by:

  • Increasing protections for children and vulnerable adults.
  • Expanding criminal liability for abuse and neglect.
  • Increasing penalties for certain offenses.
  • Strengthening mandatory reporting requirements.
  • Creating mandatory detention after conviction for dangerous crimes.

The Biggest Change: Mandatory Jail Before Sentencing

One of the most significant changes created by Missy's Law is found in Florida's criminal procedure—not the criminal penalties themselves.

Under the new law, if a defendant pleads guilty, pleads no contest, or is found guilty of a qualifying dangerous crime, the trial judge must immediately remand that person into custody.

Unlike the prior law, the judge does not have discretion to allow the defendant to remain on bond until sentencing.

Instead, the defendant:

  • Is taken into custody immediately.
  • Must remain incarcerated pending sentencing.
  • Cannot be released on bond during that period.

This represents a major change in Florida criminal practice.

Why This Matters

Before Missy's Law, many defendants—even after entering a guilty plea—were permitted to remain on their existing bond until sentencing.

That gave them time to:

  • Arrange childcare.
  • Continue working.
  • Handle financial obligations.
  • Prepare family members.
  • Complete counseling or treatment programs.
  • Report to jail after sentencing if incarceration was imposed.

For dangerous crimes covered by Missy's Law, those options may no longer exist.

If your plea is accepted or a jury returns a guilty verdict, you should expect to be taken into custody immediately.

For defendants and their families, this can be one of the most significant consequences of resolving a criminal case.

man in jail before sentencing due to Missy's Law in Florida

What Is a "Dangerous Crime"?

Missy's Law applies to offenses that Florida law classifies as dangerous crimes. The statutory definition includes a number of serious violent felonies, such as:

Whether this mandatory remand provision applies depends on the offense of conviction and the applicable statutory definition. If you are considering a plea in one of these cases, you should discuss this consequence with your attorney beforehand.

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How This Changes Plea Negotiations

This new requirement changes the way many criminal cases will be handled.

Defense attorneys must now prepare clients for the possibility that they will not leave the courthouse after entering a plea.

The timing of a plea becomes even more important for clients who need to:

  • Arrange childcare.
  • Notify employers.
  • Handle business affairs.
  • Organize finances.
  • Coordinate medical care.
  • Prepare family members for an unexpected period of incarceration.

Likewise, prosecutors and judges may need to move sentencing hearings more quickly since defendants who previously remained on bond must now stay in custody pending sentencing.

Stronger Protection for Children and Vulnerable Adults

Missy's Law also expands Florida's criminal statutes protecting vulnerable victims.

The legislation strengthens protections for:

  • Children.
  • Adults with developmental disabilities.
  • Adults with intellectual disabilities.
  • Vulnerable adults who cannot adequately care for or protect themselves because of physical or mental impairments.

The Legislature intended these changes to ensure greater accountability for those who abuse or exploit individuals who are unable to protect themselves.

Expanded Caregiver Liability

Another significant aspect of Missy's Law is the expansion of who may be considered a caregiver under Florida law.

Criminal liability is no longer limited to licensed healthcare providers or professional caregivers.

Family members, companions, or others who voluntarily assume responsibility for caring for a vulnerable person may face criminal charges if prosecutors believe they abused, neglected, or exploited that individual.

Increased Penalties for Abuse and Neglect

The law also increases penalties for several offenses involving vulnerable victims, including:

  • Aggravated abuse.
  • Neglect causing serious bodily injury.
  • Neglect resulting in permanent disability.
  • Neglect resulting in death.

Depending on the circumstances, defendants may now face substantially greater prison exposure than under prior law.

Stronger Mandatory Reporting Requirements

Missy's Law reinforces Florida's mandatory reporting statutes.

Certain professionals—including healthcare workers, caregivers, and other mandated reporters—may face increased criminal consequences if they knowingly fail to report suspected abuse or neglect as required by law.

What This Means for Criminal Defendants

Although Missy's Law was enacted to strengthen protections for vulnerable victims, it also raises the stakes for anyone accused of these offenses.

Many abuse and neglect cases involve difficult factual and medical questions, including:

  • Whether injuries were accidental.
  • Whether the defendant had a legal duty to provide care.
  • Whether medical conditions caused the alleged injuries.
  • Whether prosecutors can prove criminal intent.
  • Whether the defendant legally qualifies as a caregiver under the statute.

Because these cases often involve conflicting medical opinions and witness testimony, early legal representation is critical.

Final Thoughts

Missy's Law is one of Florida's most significant criminal justice reforms in recent years.

While its stated purpose is to strengthen protections for children and vulnerable adults, it also fundamentally changes criminal procedure by requiring defendants convicted of qualifying dangerous crimes to be immediately remanded into custody pending sentencing.

For anyone facing one of these charges, understanding this consequence before entering a plea has never been more important.

Contact Our Palm Beach County Criminal Attorney for the Help You Need

If you or a loved one has been charged with a dangerous felony or an offense involving allegations of abuse, neglect, or exploitation, consult our experienced Palm Beach County criminal defense attorney Matthew Konecky as early as possible to understand your rights, your options, and the practical consequences of any plea or trial.

If you need legal counsel, contact our office online or give us a call at (561) 671-5995 to speak with a member of our staff right away.

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