DeSantis signs Missy's Law, demands Florida House impeach judge who freed convicted sex offender before child's killing

 March 31, 2026

Florida Gov. Ron DeSantis signed two new laws Tuesday aimed at keeping convicted sex offenders behind bars and then turned his fire on the Leon County judge whose decision to release one such offender on bond ended, he said, in the death of a five-year-old girl.

The governor used the bill-signing news conference to publicly call for the impeachment of Judge Tiffany Baker-Carper, who allowed Daniel Spencer, convicted in an underage sex sting case, to remain free before sentencing. Spencer and Chloe Spencer were later charged in the 2025 killing of Spencer's stepdaughter, Missy Mogle. The state is now seeking the death penalty for both.

DeSantis did not mince words. He told the Florida House of Representatives it has the votes and the duty to act, as Fox News Digital reported:

"To my friends in the Florida House of Representatives, I don't think what you've done is enough. You have the power, and you have sufficient numbers in your chamber, to impeach this judge, Tiffany Baker-Carper."

The two bills he signed, Missy's Law and House Bill 1159, close the gap that allowed Spencer to walk free after conviction. But DeSantis made clear that new statutes alone won't fix the problem if judges remain willing to exercise discretion in favor of dangerous defendants.

What Missy's Law does

The law named for the slain girl requires judges to keep defendants convicted of dangerous crimes in custody pending sentencing. Under its terms, individuals found guilty of or entering a plea for a dangerous crime will be immediately remanded into custody and held without bond while awaiting sentencing.

It also expands the statutory list of dangerous crimes to include certain computer pornography and child exploitation offenses, ensuring individuals arrested for those crimes are not automatically released at their first appearance.

House Bill 1159 strengthens protections for children separately by enhancing penalties for and expanding criminal offenses related to child sexual abuse material.

Florida Attorney General James Uthmeier framed the new law in blunt terms:

"Last year, we proposed Missy's Law after the tragic murder of 5-year-old Missy Mogle at the hands of a convicted, abusive pedophile who was allowed to remain out on bond by Judge Tiffany Baker. Missy's Law removes judicial discretion and ensures dangerous criminals are locked up after conviction. I am grateful to Governor DeSantis for signing this bill."

The case against the judge

Baker-Carper won her judicial seat on November 3, 2020, and was described as the youngest woman and youngest Black candidate elected judge in Florida's 2nd Judicial Circuit. Her decision to allow Spencer to remain free after his conviction in the sex sting case is the focal point of the governor's impeachment demand.

DeSantis called the bond decision indefensible. He said it should have been obvious that Spencer belonged behind bars, and that Baker-Carper knew the risks.

"This should be such an easy call to make sure that this guy was put behind bars, and this judge refused to do it, knowing the risks. And the result has obviously been a tragedy."

The governor described the situation as "a miscarriage of justice, a dereliction of judicial duty." He added a pointed political observation: "Honestly, I think some Democrats would vote to impeach, given what happened in this case."

The broader pattern of judges making questionable release decisions has become a flashpoint across the country. In one recent case, Las Vegas police refused to comply with a judge's order to release a repeat felon with 35 arrests, highlighting the growing tension between law enforcement and the bench.

DeSantis told the legislature that Florida has more than the two-thirds majority needed to pass an impeachment of a judge. He argued the legislature must use that power or watch more judges make the same calculation Baker-Carper did.

"Until you start holding these judges accountable, they are going to continue to find ways to benefit the criminal element."

A five-year-old who should still be alive

At the center of every legal argument and political maneuver sits a fact no one disputes: Missy Mogle was five years old when she was killed. Daniel Spencer, her stepfather, had already been convicted in the sex sting case. He was not in jail. A judge had let him stay free.

DeSantis drew the line as sharply as the facts allow: "If we had this bill in place then, Missy would be alive today."

The question of judicial accountability has gained traction among Republicans at both the state and federal levels. Speaker Johnson has signaled support for judicial impeachments in a separate context, reflecting a broader appetite within the party to use constitutional tools against judges whose decisions produce catastrophic results.

DeSantis acknowledged that the new legislation is a strong step but insisted it cannot be the last one. He said some judges will simply find other ways around the law unless they face personal consequences.

"Some of these judges are going to find other ways to benefit the criminal element unless they know there's going to be a really significant check and balance that's going to be administered to them."

The governor's formal statement after signing the bills reinforced the same theme: "Justice demands that those who victimize innocent people face swift and meaningful consequences. Today, I signed two important bills to strengthen law and order in Florida by holding dangerous criminals and sex offenders accountable for their crimes. In Florida, we will always fight to protect our children and deliver justice for victims of crimes."

Judicial discretion and its limits

Missy's Law represents a deliberate decision by the Florida legislature to strip judges of discretion in one specific area: the period between conviction and sentencing for dangerous crimes. The law's premise is simple. Once a jury or a plea has established guilt for a violent or sexual crime, the defendant goes to jail. Period.

That this needed to be written into statute at all tells you something about how the system was working before. Judges in Florida had the authority to let convicted defendants remain free on bond while awaiting sentencing. In most cases, that discretion may be exercised responsibly. In the case of Daniel Spencer, it was not.

The pattern is not unique to Florida. A federal judge appointed by Bill Clinton recently ordered the release of an illegal immigrant in what critics called an activist ruling, and the case of Milwaukee County Judge Hannah Dugan, who stepped down after a felony conviction, shows that judicial misconduct is not confined to one jurisdiction or one party.

DeSantis framed the Spencer case as the clearest possible illustration of what goes wrong when accountability disappears from the bench. He said the legislation is welcome but not sufficient.

"We live in a time where some people just don't get it, and that includes some of these judges who just don't want to hold these people accountable to the fullest extent of the law. Now that is not going to be a problem."

Whether the Florida House acts on the impeachment call remains to be seen. DeSantis has laid out the case, named the judge, and told the legislature it has the votes. The question now is whether elected representatives will use the constitutional authority the governor says they possess, or whether Baker-Carper will remain on the bench, her decision to free a convicted sex offender answered only by a law that came too late for one little girl.

Laws fix systems. Impeachment fixes the people who broke them. Florida's legislature now has both tools. The five-year-old who paid the price for judicial leniency deserves to see both of them used.


About Jerry McConway

Breaking News:

Check This Out:

Read Next Issue:

Top 5 News Stories

Read Next Issue:

Top 5 News Stories

Heritage Review is a conservative email-newspaper that publishes every morning. Enter your best email to see our next edition:
Sponsored