Florida Statute 903.133 - 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. 903.133

903.133 Bail on appeal; prohibited for certain felony convictions.—Notwithstanding s. 903.132, no person shall be admitted to bail pending review either by posttrial motion or appeal if he or she was adjudged guilty of:

(1) A felony of the first degree for a violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s. 806.01, s. 893.13, or s. 893.135;

(2) A violation of s. 794.011(2) or (3); or

(3) Any other offense requiring sexual offender registration under s. 943.0435(1)(h) or sexual predator registration under s. 775.21(4) when, at the time of the offense, the offender was 18 years of age or older and the victim was a minor.

History.—s. 1, ch. 80-72; s. 1, ch. 82-392; s. 1, ch. 83-83; s. 172, ch. 83-216; s. 8, ch. 88-381; s. 2, ch. 89-281; s. 2, ch. 90-225; s. 18, ch. 93-156; s. 10, ch. 99-188; s. 23, ch. 2000-320; s. 5, ch. 2001-236; s. 1, ch. 2002-212; s. 15, ch. 2005-128; s. 46, ch. 2016-105; s. 25, ch. 2017-37; s. 127, ch. 2019-167; s. 1, ch. 2020-83; s. 20, ch. 2021-156.

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Amendments to 903.133

Annotations, Discussions, Cases:

Cases Citing Statute 903.133

Total Results: 19

Hart v. State

405 So. 2d 1048

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

Cited 6 times | Published

(1979). In accordance with the provisions of Section 903.133, Florida Statutes (1980), the judge refused

Stamps v. State

620 So. 2d 1033, 1993 WL 177937

District Court of Appeal of Florida | Filed: Jul 8, 1993 | Docket: 1388964

Cited 5 times | Published

elevated to a first-degree felony for which section 903.133, Florida Statutes (1991), specifically forbids

Cunningham v. State

423 So. 2d 580

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

Cited 3 times | Published

trial court denied the motion stating that "section 903.133, Florida Statutes prohibits this Court from

Coolley v. State

720 So. 2d 598, 1998 WL 736321

District Court of Appeal of Florida | Filed: Oct 23, 1998 | Docket: 1371771

Cited 2 times | Published

BLUE and FULMER, JJ., concur. NOTES [1] See § 903.133, Fla. Stat. (1997).

In RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE-2018 REGULAR-CYCLE REPORT.

265 So. 3d 494

Supreme Court of Florida | Filed: Oct 4, 2018 | Docket: 7982207

Cited 1 times | Published

for which bail is not prohibited under section 903.133, Florida Statutes , not capital

DAVID MICHAEL CARNRIGHT v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 24, 2022 | Docket: 64916767

Published

for which bail is not prohibited under section 903.133, Florida Statutes, may be released, pending

In Re: Amendment to Florida Rule of Criminal Procedure 3.691

Supreme Court of Florida | Filed: May 19, 2022 | Docket: 63322213

Published

offense for which bail is not prohibited under section 903.133, Florida Statutes, may be released, pending

DEVIN TRAVON MAYS v. State

District Court of Appeal of Florida | Filed: Mar 10, 2021 | Docket: 59719220

Published

offense for which bail is not prohibited under section 903.133, Florida Statutes, may be released, pending

In Re: Amendments to the Florida Rules of Criminal Procedure - 2018 Regular-Cycle Report

Supreme Court of Florida | Filed: Jul 19, 2018 | Docket: 7471972

Published

offense or for which bail is prohibited under section 903.133, Florida Statutes, not capital, may be released

Roberts v. State

599 So. 2d 751, 1992 Fla. App. LEXIS 5828, 1992 WL 115791

District Court of Appeal of Florida | Filed: Jun 3, 1992 | Docket: 64667744

Published

pending appeal pursuant to section 903.133, Florida Statutes (1989). Section 903.133 provides: Notwithstanding

State v. Gelber

573 So. 2d 92, 1991 Fla. App. LEXIS 8, 1991 WL 123

District Court of Appeal of Florida | Filed: Jan 2, 1991 | Docket: 64655865

Published

objected to the bond. The State argued that section 903.133, Florida Statutes (1989), prohibited the release

Wise v. State

528 So. 2d 507, 13 Fla. L. Weekly 1669, 1988 Fla. App. LEXIS 3021, 1988 WL 72249

District Court of Appeal of Florida | Filed: Jul 13, 1988 | Docket: 64636033

Published

ineligibility for posttrial release, particularly when Section 903.133, Florida Statutes (1987), involving less serious

Batie v. State

521 So. 2d 295, 13 Fla. L. Weekly 582, 1988 Fla. App. LEXIS 5867, 1988 WL 18121

District Court of Appeal of Florida | Filed: Mar 4, 1988 | Docket: 64633154

Published

during the pendency of the appeal, relying on section 903.133, Florida Statutes. Appellant has moved for

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

on his own recognizance on the ground that Section 903.133, Florida Statutes (1985), precludes any form

State v. Hanscom

460 So. 2d 924, 9 Fla. L. Weekly 2507, 1984 Fla. App. LEXIS 16416

District Court of Appeal of Florida | Filed: Nov 28, 1984 | Docket: 64608783

Published

court recognized that a literal reading of section 903.133, Florida Statutes (1983), would preclude the

Quinn v. Wainwright

458 So. 2d 873, 9 Fla. L. Weekly 2392, 1984 Fla. App. LEXIS 15957

District Court of Appeal of Florida | Filed: Nov 14, 1984 | Docket: 64608038

Published

which challenges the constitutionality of Section 903.133, Florida Statutes (1983). We hold that it is

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

of second degree murder in accordance with section 903.133, Florida Statutes (1982 Supp.). Barts challenges

Ojeda v. State

427 So. 2d 185, 1983 Fla. LEXIS 2293

Supreme Court of Florida | Filed: Feb 3, 1983 | Docket: 64595232

Published

pending his appeal because of the provisions of section 903.133, Florida Statutes (1981). Ojeda contends that

Echeverria v. State

411 So. 2d 357

District Court of Appeal of Florida | Filed: Mar 30, 1982 | Docket: 2227584

Published

So.2d 1048 (Fla. 4th DCA 1981) holding that Section 903.133, Florida Statutes (1980 Supp.) is constitutional