The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 903
BAIL

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F.S. 903.132

903.132 Bail on appeal; conditions for granting; appellate review.—

(1) No person may be admitted to bail upon 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 such person has previously been convicted of a felony, the commission of which occurred prior to the commission of the subsequent felony, and such person’s civil rights have not been restored or if other felony charges are pending against the person and probable cause has been found that the person has committed the felony or felonies at the time the request for bail is made.

(2) An order by a trial court denying bail to a person pursuant to the provisions of subsection (1) may be appealed as a matter of right to an appellate court, and such appeal shall be advanced on the calendar of the appellate court for expeditious review.

(3) In no case may an original appearance bond be continued for the appeal. To reflect the increased risk and probability of longer time considerations, there shall be a new undertaking of a bond for the appeal.

History.—s. 1, ch. 69-307; s. 1, ch. 76-138; s. 6, ch. 86-151; s. 1478, ch. 97-102.

F.S. 903.132 on Google Scholar

F.S. 903.132 on Casetext

Amendments to 903.132

Arrestable Offenses / Crimes under Fla. Stat. 903.132

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 903.132.

Annotations, Discussions, Cases:

Cases from cite.case.law:

JENNINGS v. RODRIGUEZ, 138 S. Ct. 830 (U.S. 2018)

. . . . §§903.046, 903.132, 903.133 (2017) Georgia Ga. . . .

H. LUNDY, v. STATE, 995 So. 2d 982 (Fla. Dist. Ct. App. 2007)

. . . recognized that the appellant is not disqualified from release pending appeal by the provisions of sections 903.132 . . .

BUTLER, v. STATE, 923 So. 2d 566 (Fla. Dist. Ct. App. 2006)

. . . could mirror the arguments made in this case, the Gallie court stated: The legislature enacted Section 903.132 . . .

In AMENDMENTS TO FLORIDA RULE OF APPELLATE PROCEDURE c, 901 So. 2d 109 (Fla. 2005)

. . . Consideration of such motions shall be in accordance with section 903.132, Florida Statutes (Supp. 1976 . . .

AMENDMENT TO THE FLORIDA RULES OF APPELLATE PROCEDURE RULE, 837 So. 2d 911 (Fla. 2002)

. . . Consideration of such motions shall be in accordance with section 903.132, Florida Statutes (Supp. 1976 . . .

AMENDMENTS TO FLORIDA RULES OF APPELLATE PROCEDURE, 827 So. 2d 888 (Fla. 2002)

. . . Consideration of such motions shall be in accordance with section 903.132, Florida Statutes (Supp. 1976 . . .

AMENDMENT TO FLORIDA RULES OF CRIMINAL PROCEDURE CREATING RULE DNA, 807 So. 2d 633 (Fla. 2001)

. . . of appeal in advance of judgment, Consideration of such motions shall be in accordance with section 903.132 . . .

AMENDMENTS TO FLORIDA RULES OF APPELLATE PROCEDURE, 780 So. 2d 834 (Fla. 2000)

. . . Consideration of such motions shall be in accordance with section 903.132, Florida Statutes (Supp. 1976 . . .

MONTGOMERY, v. STATE, 788 So. 2d 274 (Fla. Dist. Ct. App. 2000)

. . . However, I must note that if the reason for the cited rule, and the corresponding section 903.132, Florida . . .

DOTSON, v. STATE, 764 So. 2d 6 (Fla. Dist. Ct. App. 1999)

. . . post-trial release was absolutely prohibited under Florida Rule of Criminal Procedure 3.691(a) and section 903.132 . . .

AMENDMENTS TO THE FLORIDA RULES OF APPELLATE PROCEDURE, 685 So. 2d 773 (Fla. 1996)

. . . Consideration of such motions shall be in accordance with section 903.132, Florida Statutes (Supp.1976 . . .

AMENDMENTS TO THE FLORIDA RULES OF APPELLATE PROCEDURE, 696 So. 2d 1103 (Fla. 1996)

. . . Consideration of such motions shall be in accordance with section 903.132, Florida Statutes (Supp.1976 . . .

JONES, v. STATE, 662 So. 2d 383 (Fla. Dist. Ct. App. 1995)

. . . .; § 903.132, Fla.Stat. (1993). . . .

SNYDER, v. STATE, 650 So. 2d 1024 (Fla. Dist. Ct. App. 1995)

. . . See § 903.132, Fla.Stat. (1993) (no bail pending appeal for defendants with prior felony convictions) . . .

In AMENDMENTS TO FLORIDA RULES OF APPELLATE PROCEDURE, 609 So. 2d 516 (Fla. 1992)

. . . Consideration of such motions shall be in accordance with Ssection 903.132, Florida Statutes (Supp._1976 . . .

ROBERTS, v. STATE, 599 So. 2d 751 (Fla. Dist. Ct. App. 1992)

. . . Section 903.133 provides: Notwithstanding the provisions of s. 903.132, no person adjudged guilty of . . .

THOMPSON, v. STATE, 570 So. 2d 423 (Fla. Dist. Ct. App. 1990)

. . . . § 903.132(2) and Fla.R.App.P. 9.140(e). . . .

STATE v. L. JIMENEZ,, 508 So. 2d 1257 (Fla. Dist. Ct. App. 1987)

. . . Section 903.133 provides: “Notwithstanding the provisions of § 903.132, no person adjudged guilty of . . .

FERGUSON, v. STATE, 460 So. 2d 573 (Fla. Dist. Ct. App. 1984)

. . . Section 903.132(1), Florida Statutes (1983), and Rule 3.691, Florida Rules of Criminal Procedure, preclude . . .

STATE v. D. HANSCOM,, 460 So. 2d 924 (Fla. Dist. Ct. App. 1984)

. . . Section 903.133 provides, “Notwithstanding the provisions of s. 903.132, no person adjudged guilty of . . .

STATE v. R. PALMER,, 450 So. 2d 931 (Fla. Dist. Ct. App. 1984)

. . . .— Notwithstanding the provisions of s. 903.132, no person adjudged guilty of a first-degree felony for . . .

BARTS, v. STATE, 447 So. 2d 410 (Fla. Dist. Ct. App. 1984)

. . . The sequence began in 1969 with enactment of section 903.131, later section 903.132, Florida Statutes . . .

CUNNINGHAM, v. STATE, 423 So. 2d 580 (Fla. Dist. Ct. App. 1982)

. . . The trial court relied upon section 903.132, Florida Statutes which denies bail pending appeal to any . . . The Florida Supreme Court in Greene held that although section 903.132 depends upon conviction of the . . .

ROWE, v. STATE, 417 So. 2d 981 (Fla. 1982)

. . . It read this provision in conjunction with section 903.132 and pointed out that, although in 1976 the . . . legislature amended 903.132 and by a two-thirds vote repealed that portion of rule 3.691(a) which allowed . . .

COX, v. STATE, 416 So. 2d 511 (Fla. Dist. Ct. App. 1982)

. . . However, upon review of Rule 3.691 and its relationship with section 903.132, Florida Statutes (1981) . . . The Preamble to Chapter 76-138, Laws of Florida (the law codified in section 903.132), clearly indicates . . .

MULFORD, v. STATE, 408 So. 2d 836 (Fla. Dist. Ct. App. 1982)

. . . Under these circumstances, the state contends, Section 903.132, Florida Statutes (1981) and Florida Rule . . . appellant concedes that new felony charges have been filed but contends that Rule 3.691(a) and Section 903.132 . . . Rule 3.691(a) and Section 903.132 provide that: (1) No person may be admitted to bail upon appeal from . . .

HART v. STATE, 405 So. 2d 1048 (Fla. Dist. Ct. App. 1981)

. . . not adopted by the legislature until 1980, a statute having a similar effect, Section 903.131, later 903.132 . . . The statute, by then numbered Section 903.132, was again upheld in Palladino v. . . . Rule 3.691 (and Rule 3.130(a)) appeared to be in conflict with Section 903.132 insofar as the rule made . . . Criminal Procedure, are hereby repealed insofar as they are inconsistent with the provisions of s. 903.132 . . . Wainwright, 362 So.2d 936 (Fla.1978), it was held that Section 903.132 and the new Rule 3.691(a) did . . .

ROWE, v. STATE, 394 So. 2d 1059 (Fla. Dist. Ct. App. 1981)

. . . However, reading this section in pari materia with Section 903.132, Florida Statutes (1979), it is apparent . . . The legislature, in 1974, attempted to eliminate this discretion by Section 903.132 prohibiting the release . . .

v. F. ROUSE,, 506 F. Supp. 1313 (S.D. Fla. 1981)

. . . Wainwright, 362 So.2d 936 (Fla.1978), correctly rejected the argument that Rule 3.691(a) and Section 903.132 . . .

In EMERGENCY AMENDMENTS TO RULES OF APPELLATE PROCEDURE, 381 So. 2d 1370 (Fla. 1980)

. . . Consideration of such motions shall be in accordance with Section 903.132, Florida Statutes (Supp.1976 . . .

SPHALER, v. COLMAN,, 379 So. 2d 717 (Fla. Dist. Ct. App. 1980)

. . . He argues that the trial judge denied him bail under section 903.132, Florida Statutes (1979), and Rule . . .

GALLIE, v. L. WAINWRIGHT,, 362 So. 2d 936 (Fla. 1978)

. . . The state objected to any bond for Gallie on the basis of Section 903.132(1), Florida Statutes (1977) . . . The predecessor to Section 903.132(1) was the object of an unsuccessful attack in Greene v. . . . It is undeniable that Section 903.132(1) and Rule 3.691(a) create an irrebuttable presumption in the . . . The legislature enacted Section 903.132 for the express purpose of providing “a means of protecting the . . . Section 903.132(1) and Rule 3.691(a) are constitutionally valid. . . .

KELLY, v. STATE, 362 So. 2d 945 (Fla. 1978)

. . . trial judge denying his request for bond pending appeal and upholding the constitutionality of Section 903.132 . . . Crim.P. 3.691(a) and Section 903.132 are violative of the Fifth and Fourteenth Amendments, United States . . . Section 903.132, Florida Statutes (1976 Supp.), provides: (1) No person may be admitted to bail upon . . . The rationale enunciated in Greene for upholding the validity of Section 903.132, Florida Statutes (1969 . . . Accordingly, we find that Section 903.132, Florida Statutes (1976 Supp.), and Fla.R. . . .

L. LOUDD, v. STATE, 356 So. 2d 1297 (Fla. Dist. Ct. App. 1978)

. . . The trial court felt it had no discretion to grant bail in view of Section 903.132(1), Florida Statutes . . . Section 903.132(1) provides: “(1) No person may be admitted to bail upon appeal from a conviction of . . .

POWERS, v. SCHWARTZ,, 448 F. Supp. 54 (S.D. Fla. 1978)

. . . See: Florida Statutes 903.132; also see: Hedden v. State, 275 So.2d 52 (Fla.App.1973). . . . .

In PROPOSED FLORIDA APPELLATE RULES, 351 So. 2d 981 (Fla. 1977)

. . . Consideration of such motions shall be in accordance with Section 903.132, Florida Statutes (Supp.1976 . . .

McKENZIE, v. STATE, 355 So. 2d 434 (Fla. Dist. Ct. App. 1977)

. . . Both involve a conflict between the former Section 903.132, Florida Statutes (1974) and former Rule 3.691 . . .

R. BAMBER, v. STATE, 300 So. 2d 269 (Fla. Dist. Ct. App. 1974)

. . . saying : “ORDERED AND ADJUDGED that the defendant’s Motion is hereby denied pursuant to Florida Statute 903.132 . . . Section 903.132, F.S.A.1974, provides as follows: “Bail on appeal; prohibited after second or subsequent . . . The point is whether Section 903.132, supra, is mandatory or whether the denial of bail pending appeal . . .

ZARSKY, v. STATE, 281 So. 2d 553 (Fla. Dist. Ct. App. 1973)

. . . Although both Section 903.132 and the habitual offender act depend upon conviction of the second or subsequent . . .

PALLADINO, v. M. TURNER,, 263 So. 2d 206 (Fla. 1972)

. . . . § 903.132, F.S.A., as may be applicable. It is so ordered. ROBERTS, C. . . .

GREENE, III v. STATE, 238 So. 2d 296 (Fla. 1970)

. . . Section 903.132, F.S.A. as applied to these petitioners has been rendered moot by virtue of the decision . . . as concerns the decision on the merits, I concur in the judgment only to the extent it holds Section 903.132 . . . of Section 903.131, Florida Statutes [F.S.A.], (Chapter 69-307, Laws of Florida), [now codified as § 903.132 . . . Although the rationale behind passage of Section 903.132 no doubt differs in some respects from that . . . Neither the habitual offender act nor Section 903.132 is in any sense retroactive. . . . Although both Section 903.132 and the habitual offender act depend upon conviction of the second or subsequent . . . consequences, alters the situation of a party to his disadvantage.’ ” As to these defendants Section 903.132 . . .