Beginning in October, repeat sexual offenders in Florida will serve a minimum of a decade in jail for their crimes.
A new Florida law establishing a minimum sentence for people repeatedly convicted of sex crimes is meant to keep sex offenders from continuing to reoffend. But critics worry the bill goes too far, saying judges who normally dole out sentences on a case-by-case basis, with the help of sentencing guidelines, will no longer have as much control over their decisions.
The law gives a minimum sentence of 10 years for possession of child pornography and 15 years for intending to share it. People repeatedly convicted of molesting children or elderly people will also receive minimum 10-year sentences under the law.
These sentences only apply when people are convicted for the second time of a sexual offense.
The law establishing the minimum sentences, House Bill 1455, was part of a series of bills aimed at protecting children against sexual crimes signed by Gov. Ron DeSantis in June. Among the other bills passed was Brooke’s Law, which forces social media companies to take down AI-generated sexual depictions of people created without their consent when asked.
House Bill 1455 passed unanimously. But some lawyers disagree with its premise, saying minimum jail time undermines the judicial system.
Before the law took effect, sentencing was left up to judges — meaning each judge had the final say in how long or short someone’s sentence should be. They took into account factors like specific circumstances and the individual’s past offenses, which could show their actions in a different light and lead to a shorter sentence in some cases.
Now, judges must stick to the mandatory minimum set by law — regardless of the sentence they would have dealt in the past.
Aaron Wayt, the legislative co-chair of the Florida Association of Criminal Defense Lawyers, disagrees with mandatory minimum sentences in almost all cases.
“We should trust the judges that we elect, we should trust the prosecutors that we elect,” he said. “We should trust the people in the courtroom to know how to handle that case.”
Wayt said repeat sex offenders — those who committed similar offenses again despite being given second chances — need to be punished more harshly than the first time they were convicted. But he doesn’t think mandatory minimums are the way to do so.
State Rep. Jessica Baker, who sponsored the bill, said she typically agrees with Wayt’s perspective on the issue of mandatory minimums. But the new law only applies minimum sentences to repeat offenders, not to first-time offenders. That’s why, in this case, she had no issue with the mandatory minimums, she said.
“You have already been given a second chance,” she said. “There is no redeeming you. You need to go behind bars because you can not be in society.”
Baker recalled a detective proposing the bill to her. After she spoke with prosecutors, Baker learned Florida laws on sentencing for sexual crimes are much more lenient than federal laws, she said.
Federal law already sets minimum mandatory sentences for several sexual offenses.
Baker said she hopes the bill will ensure sex offenders don’t continue to commit crimes.
According to Baker, Florida prosecutors sometimes give cases involving repeat offenders to the federal government because it has harsher penalties. The new bill will allow state and local prosecutors to maintain control and produce consistent outcomes for similar sexual offenses.
“Not only will it make sure that these horrible people are off the street, but it will also create consistency across Florida,” Baker said.
During the legislative process, only one legislator, Rep. Michael Gottlieb, voted against the bill. He eventually opted to approve it in the final vote, allowing the bill to pass unanimously.
Gottlieb was not available for comment, his assistant said.
Contact Alexa Ryan at aryan@alligator.org Follow her on X @AlexaRyan_
Alexa is a second-year journalism and international studies students serving as the Fall 2025 Criminal Justice beat reporter. She previously served as a copy editor. She spends her free time running, traveling, having movie nights and going on random side quests with friends.
