Florida Statute 903.132 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 903
BAIL

View Entire Chapter

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 CourtListener

Amendments to 903.132

Annotations, Discussions, Cases:

Cases Citing Statute 903.132

Total Results: 35

Amend. to Fla. Rules of Appellate Proc.

685 So. 2d 773, 1996 WL 673822

Supreme Court of Florida | Filed: Dec 26, 1996 | Docket: 1414934

Cited 65 times | Published

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

Amend. to Fla. Rules of Appellate Proc.

696 So. 2d 1103, 1996 WL 908661

Supreme Court of Florida | Filed: Dec 26, 1996 | Docket: 2037954

Cited 51 times | Published

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

Amend. to Fla. Rules of Appellate Proc.

780 So. 2d 834, 2000 WL 1508541

Supreme Court of Florida | Filed: Oct 12, 2000 | Docket: 1298753

Cited 19 times | Published

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

Greene v. State

238 So. 2d 296

Supreme Court of Florida | Filed: Jul 30, 1970 | Docket: 552370

Cited 17 times | Published

(Chapter 69-307, Laws of Florida), [now codified as § 903.132 in the Official Florida Statutes, 1969] both defendants

In Re Proposed Florida Appellate Rules

351 So. 2d 981

Supreme Court of Florida | Filed: Dec 22, 1977 | Docket: 1247477

Cited 16 times | Published

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

Amendment to Fla. Rules of Cr. Proc.

807 So. 2d 633

Supreme Court of Florida | Filed: Oct 18, 2001 | Docket: 1505804

Cited 12 times | Published

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

Rowe v. State

417 So. 2d 981

Supreme Court of Florida | Filed: Jul 22, 1982 | Docket: 1383570

Cited 10 times | Published

It read this provision in conjunction with section 903.132 and pointed out that, although in 1976 the

Rowe v. State

394 So. 2d 1059

District Court of Appeal of Florida | Filed: Feb 27, 1981 | Docket: 1315497

Cited 10 times | Published

reading this section in pari materia with Section 903.132, Florida Statutes (1979), it is apparent that

Gallie v. Wainwright

362 So. 2d 936

Supreme Court of Florida | Filed: Sep 14, 1978 | Docket: 1362717

Cited 9 times | Published

objected to any bond for Gallie on the basis of Section 903.132(1), Florida Statutes (1977), and Florida Rule

Hart v. State

405 So. 2d 1048

District Court of Appeal of Florida | Filed: Nov 12, 1981 | Docket: 1703814

Cited 6 times | Published

So.2d at 299. The statute, by then numbered Section 903.132, was again upheld in Palladino v. Turner, 263

Bamber v. State

300 So. 2d 269

District Court of Appeal of Florida | Filed: Aug 2, 1974 | Docket: 1729362

Cited 6 times | Published

is hereby denied pursuant to Florida Statute 903.132." Section 903.132, F.S.A. 1974, provides as follows:

Butler v. State

923 So. 2d 566, 2006 WL 708574

District Court of Appeal of Florida | Filed: Mar 22, 2006 | Docket: 1745127

Cited 4 times | Published

Gallie court stated: The legislature enacted Section 903.132 for the express purpose of providing "a means

Snyder v. State

650 So. 2d 1024, 1995 WL 29051

District Court of Appeal of Florida | Filed: Jan 27, 1995 | Docket: 2516954

Cited 4 times | Published

of an appeal of the underlying offense.[3]See § 903.132, Fla. Stat. (1993) (no bail pending appeal for

Rolle v. State

314 So. 2d 624

District Court of Appeal of Florida | Filed: Jun 20, 1975 | Docket: 2582052

Cited 4 times | Published

by § 903.132, Florida Statutes, appellant having previously been convicted of a felony. § 903.132 provides

Cunningham v. State

423 So. 2d 580

District Court of Appeal of Florida | Filed: Dec 17, 1982 | Docket: 1069593

Cited 3 times | Published

pending appeal. The trial court relied upon section 903.132, Florida Statutes which denies bail pending

Zarsky v. State

281 So. 2d 553

District Court of Appeal of Florida | Filed: Jun 26, 1973 | Docket: 1676697

Cited 3 times | Published

effective date of the statute. Although both Section 903.132 and the habitual offender act depend upon conviction

Ferguson v. State

460 So. 2d 573, 10 Fla. L. Weekly 28

District Court of Appeal of Florida | Filed: Dec 19, 1984 | Docket: 1766875

Cited 2 times | Published

the denial was a prior felony conviction. Section 903.132(1), Florida Statutes (1983), and Rule 3.691

In Re Emergency Amendments to Rules, Etc.

381 So. 2d 1370

Supreme Court of Florida | Filed: Mar 27, 1980 | Docket: 1757964

Cited 1 times | Published

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

Kelly v. State

362 So. 2d 945, 1978 Fla. LEXIS 4910

Supreme Court of Florida | Filed: Sep 14, 1978 | Docket: 64566332

Cited 1 times | Published

appeal and upholding the constitutionality of Section 903.132, Florida Statutes (1976 Supp.), which prohibits

In re Amendments to Florida Rule of Appellate Procedure 9.140(c)(1)

901 So. 2d 109, 30 Fla. L. Weekly Supp. 231, 2005 Fla. LEXIS 614, 2005 WL 774382

Supreme Court of Florida | Filed: Apr 7, 2005 | Docket: 64837994

Published

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

Amendment to the Florida Rules of Appellate Procedure (Rule 9.142)

837 So. 2d 911, 27 Fla. L. Weekly Supp. 922, 2002 Fla. LEXIS 2271, 2002 WL 31426247

Supreme Court of Florida | Filed: Oct 31, 2002 | Docket: 64820840

Published

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

Amendments to Florida Rules of Appellate Procedure

827 So. 2d 888, 27 Fla. L. Weekly Supp. 730, 2002 Fla. LEXIS 1810, 2002 WL 1981372

Supreme Court of Florida | Filed: Aug 29, 2002 | Docket: 64818042

Published

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

Montgomery v. State

788 So. 2d 274, 2000 Fla. App. LEXIS 13280, 2000 WL 1476317

District Court of Appeal of Florida | Filed: Oct 3, 2000 | Docket: 64806367

Published

for the cited rule, and the corresponding section 903.132, Florida Statutes, is to protect the public

Dotson v. State

764 So. 2d 6, 1999 Fla. App. LEXIS 109, 1999 WL 2694

District Court of Appeal of Florida | Filed: Jan 6, 1999 | Docket: 64799313

Published

Florida Rule of Criminal Procedure 3.691(a) and section 903.132(1), Florida Statutes (1997), because appellant

Jones v. State

662 So. 2d 383, 1995 Fla. App. LEXIS 11469, 1995 WL 654464

District Court of Appeal of Florida | Filed: Nov 1, 1995 | Docket: 64759925

Published

person’s civil rights have not been restored-” Id.; § 903.132, Fla.Stat. (1993). We agree with defendant that

Thompson v. State

570 So. 2d 423, 1990 Fla. App. LEXIS 8899, 1990 WL 181567

District Court of Appeal of Florida | Filed: Nov 21, 1990 | Docket: 64654674

Published

post-trial release during appeal. See Fla. Stat. § 903.132(2) and Fla.R.App.P. 9.140(e). Accordingly, we

State v. Jimenez

508 So. 2d 1257, 12 Fla. L. Weekly 1087, 1987 Fla. App. LEXIS 7826

District Court of Appeal of Florida | Filed: Apr 21, 1987 | Docket: 64628112

Published

provides: “Notwithstanding the provisions of § 903.132, no person adjudged guilty of a *1258felony of

Barts v. State

447 So. 2d 410, 1984 Fla. App. LEXIS 12383

District Court of Appeal of Florida | Filed: Mar 21, 1984 | Docket: 64603723

Published

1969 with enactment of section 903.131, later section 903.132, Florida Statutes (1969), which prohibited

Cox v. State

416 So. 2d 511, 1982 Fla. App. LEXIS 20496

District Court of Appeal of Florida | Filed: Jul 7, 1982 | Docket: 64591082

Published

review of Rule 3.691 and its relationship with section 903.132, Florida Statutes (1981), we construe the above-mentioned

Mulford v. State

408 So. 2d 836, 1982 Fla. App. LEXIS 18996

District Court of Appeal of Florida | Filed: Jan 20, 1982 | Docket: 64587365

Published

Under these circumstances, the state contends, Section 903.132, Florida Statutes (1981) and Florida Rule of

MacLean v. Rouse

506 F. Supp. 1313, 1981 U.S. Dist. LEXIS 10512

District Court, S.D. Florida | Filed: Jan 30, 1981 | Docket: 66155177

Published

rejected the argument that Rule 3.691(a) and Section 903.132(1), Florida Statutes (1977)3 were unconstitutional

Sphaler v. Colman

379 So. 2d 717, 1980 Fla. App. LEXIS 15541

District Court of Appeal of Florida | Filed: Feb 13, 1980 | Docket: 64574187

Published

that the trial judge denied him bail under section 903.132, Florida Statutes (1979), and Rule 3.691(a)

Loudd v. State

356 So. 2d 1297, 1978 Fla. App. LEXIS 15218

District Court of Appeal of Florida | Filed: Mar 28, 1978 | Docket: 64563724

Published

had no discretion to grant bail in view of Section 903.132(1), Florida Statutes (1976), and Fla.R.Crim

McKenzie v. State

355 So. 2d 434, 1977 Fla. App. LEXIS 16449

District Court of Appeal of Florida | Filed: Sep 27, 1977 | Docket: 64563011

Published

Both involve a conflict between the former Section 903.132, Florida Statutes (1974) and former Rule 3

Palladino v. Turner

263 So. 2d 206, 1972 Fla. LEXIS 3594

Supreme Court of Florida | Filed: Jun 7, 1972 | Docket: 64526344

Published

statutory limitations on bail, including Fla.Stat. § 903.132, F.S.A., as may be applicable. It is so ordered