RULE 3.691. POST-TRIAL RELEASE

(a) When Authorized. A defendant who has been sentenced
for the commission of any non-capital offense for which bail is not
prohibited under section 903.133, Florida Statutes, may be
released, pending review of the conviction, at the discretion of either
the trial or appellate court, applying the principles enunciated in
Younghans v. State, 90 So. 2d 308 (Fla. 1956). No defendant may be
admitted to bail on appeal from a conviction of a felony unless the
defendant establishes that the appeal is taken in good faith, on
grounds fairly debatable, and not frivolous. However, in no case
shall bail be granted if the defendant has previously been convicted
of a felony, the commission of which occurred prior to the
commission of the subsequent felony, and the defendant’s civil
rights have not been restored or if other felony charges are pending
against the defendant and probable cause has been found that the
defendant has committed the felony or felonies at the time the
request for bail is made.

(b) Written Findings. In any case in which the court has the
discretion to release the defendant pending review of the conviction
and, after the defendant’s conviction, denies release, it shall state in
writing its reasons for the denial.

(c) Review of Denial. An order by a trial court denying bail
to a defendant pursuant to the provisions of subdivision (a) may be
reviewed by motion to the appellate court and the motion shall be
advanced on the calendar of the appellate court for expeditious
review.

(d) Conditions of Release. If the defendant is released after
conviction and pending appeal, the conditions shall be:

(1) the defendant will duly prosecute the appeal; and

(2) the defendant will surrender himself or herself in
execution of the judgment or sentence on its being affirmed or
modified or on the appeal being dismissed; or in case the judgment
is reversed and the cause remanded for a new trial, the defendant
will appear in the court to which the cause may be remanded for a
new trial, that the defendant will appear in the court to which the
cause may be remanded and submit to the orders and process
thereof and will not depart the jurisdiction of the court without
leave.

(e) Approval of Bond. The court shall approve the
sufficiency and adequacy of the bond, its security, and sureties,
prior to the release of the defendant. However, in no case may an
original appearance bond be continued for an appeal.

Committee Notes

1977 Amendment. Chapter 76-138, section 2, Laws of
Florida, by appropriate vote, repealed the provisions of rule 3.691,
insofar as they were inconsistent with the legislative act. This rule
has been amended to include the provisions of Chapter 76-138,
Laws of Florida.