Florida Statutes

Fla. Stat. § 903.02 (2025)

Actions following denial; changes in bail conditions or bond amount; separation by charge or offense.

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903.02 Actions following denial; changes in bail conditions or bond amount; separation by charge or offense.—

(1) If application for bail is made to an authorized court and denied, no court of inferior jurisdiction shall admit the applicant to bail unless such court of inferior jurisdiction is the court having jurisdiction to try the defendant.

(2) No judge of a court of equal or inferior jurisdiction may remove a condition of bail or reduce the amount of bond required, unless such judge:

(a) Imposed the conditions of bail or set the amount of bond required;

(b) Is the chief judge of the circuit in which the defendant is to be tried;

(d) Is the designee of the chief judge and a judge has not yet been assigned to the criminal trial.

(3) The term “court,” as used in this chapter, includes all state courts.

(4) Any judge setting or granting monetary bail shall set a separate and specific bail amount for each charge or offense. When bail is posted, each charge or offense requires a separate bond.

History.—s. 45, ch. 19554, 1939; CGL 1940 Supp. 8663(45); s. 1, ch. 70-86; s. 1, ch. 77-119; s. 37, ch. 82-175; s. 40, ch. 84-103; s. 1, ch. 2006-279.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1967–2024 · leading case: Amend. to Rules of App. Proc., Civ. Proc., 887 So. 2d 1090 (Fla. 2004).

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Amend. to Rules of App. Proc., Civ. Proc., 887 So. 2d 1090 (Fla. 2004). · cites it 2× “(c) Same as section 903.02, Florida Statutes. (d) Same as section 903.”

In Re Amend. to Fla. Rules of Cr. Proc., 606 So. 2d 227 (Fla. 1992). · cites it 2× “(c) Same as section 903.02, Florida Statutes. (d) Same as section 903.”

Hughes v. Eleventh Jud. Circuit of Florida, 274 F. Supp. 2d 1334 (S.D. Fla. 2003). · cites it 4× “See Fla. Stat. § 903.02 (providing that only the judge who imposed the conditions of bail or the chief judge of the circuit in which the defendant is to be tried may remove or alter a condition of bail).”

Gossett v. Hanlon, 195 So. 2d 865 (Fla. 4th DCA 1967). · cites it 2× “After an accused is held to answer by a committing magistrate and prior to the filing *869 of an information the trial court has authority to rule on bail questions (F.S.A. §§ 903.02, 903.04, and 903.19), production and impoundment of evidence (F.”

Fireline Bail Bonds v. Brock, 110 So. 3d 11 (Fla. 2d DCA 2013). · cites it 5× “” 2 The Clerk supports his argument by directing our attention to the 2006 amendment adding subsection (4) to section 903.02 of the Florida Statutes. 3 Section 903.”

Anderson v. State, 669 So. 2d 262 (Fla. 5th DCA 1995). “While recognizing that a violation of section 903.02 is not always punishable as a third degree felony, the fact that the legislature permitted the punishment to rise to this level supports the conclusion that it could not have intended section 903.”

Shavis Johnson v. State of Florida (Fla. 4th DCA 2019). · cites it 2× “131(d); see also § 903.02(2), Fla. Stat. (2018) (containing similar provisions).”

Polakoff & Aabbott Bail Bonds v. State, 111 So. 3d 253 (Fla. 5th DCA 2013). · cites it 2× “In 2006, the Legislature amended section 903.02(4), Florida Statutes, to provide that "[a]ny judge setting or granting monetary bail shall set a separate and specific bail amount for each charge or offense.”

In Re: Amendments to Florida Rule of Crim. Procedure 3.131 (Fla. 2024). “Next, subdivision (d) is modified to follow the language of section 903.02, Florida Statutes (2023), more closely.”

— 903.02(2) — 1 case

Shavis Johnson v. State of Florida (Fla. 4th DCA 2019). “131(d); see also § 903.02(2), Fla. Stat. (2018) (containing similar provisions).”

— 903.02(4) — 2 cases

Fireline Bail Bonds v. Brock, 110 So. 3d 11 (Fla. 2d DCA 2013). “” 2 The Clerk supports his argument by directing our attention to the 2006 amendment adding subsection (4) to section 903.02 of the Florida Statutes. 3 Section 903.”

Polakoff & Aabbott Bail Bonds v. State, 111 So. 3d 253 (Fla. 5th DCA 2013). “In 2006, the Legislature amended section 903.02(4), Florida Statutes, to provide that "[a]ny judge setting or granting monetary bail shall set a separate and specific bail amount for each charge or offense.”

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