Florida Statutes

Fla. Stat. § 903.132 (2025)

Bail on appeal; conditions for granting; appellate review.

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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.

Notes of Decisions

Cited in 36 cases, 1970–2006 · leading case: Gallie v. Wainwright, 362 So. 2d 936 (Fla. 1978).

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Gallie v. Wainwright, 362 So. 2d 936 (Fla. 1978). · cites it 10× “(1969), provided: "No person may be admitted to bail upon appeal from a conviction of a felony 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…”

Kelly v. State, 362 So. 2d 945 (Fla. 1978). · cites it 13× “This cause is before us on direct appeal by the defendant, Teddy Warren Kelly, to review the order of the trial judge denying his request for bond pending appeal and upholding the constitutionality of Section 903.132, Florida Statutes (1976 Supp.”

Hart v. State, 405 So. 2d 1048 (Fla. 4th DCA 1981). · cites it 8× “, and codified as § 903.132, Fla. Stat. (1969), provided: "No person may be admitted to bail upon appeal from a conviction of a felony if such person has previously been convicted of a felony, the commission of which occurred prior to the commission of the subsequent felony, and…”

Greene v. State, 238 So. 2d 296 (Fla. 1970). · cites it 8× “'" As to these defendants Section 903.132, Florida Statutes, F.S.A.”

Amend. to Fla. Rules of Appellate Proc., 685 So. 2d 773 (Fla. 1996). · cites it 2× “Consideration of such motions shall be in accordance with section 903.132, Florida Statutes (Supp.1976), and Florida Rule of Criminal Procedure 3.”

Amend. to Fla. Rules of Appellate Proc., 696 So. 2d 1103 (Fla. 1996). · cites it 2× “Consideration of such motions shall be in accordance with section 903.132, Florida Statutes (Supp.1976), and Florida Rule of Criminal Procedure 3.”

Amendment to Fla. Rules of Cr. Proc., 807 So. 2d 633 (Fla. 2001). · cites it 2× “Consideration of such motions shall be in accordance with section 903.132, Florida Statutes (Supp. 1976), and Florida Rule of Criminal Procedure 3.”

Rowe v. State, 394 So. 2d 1059 (Fla. 1st DCA 1981). · cites it 3× “However, reading this section in pari materia with Section 903.132, Florida Statutes (1979), it is apparent that the legislature did not so intend.”

Amend. to Fla. Rules of Appellate Proc., 780 So. 2d 834 (Fla. 2000). · cites it 2× “Consideration of such motions shall be in accordance with section 903.132, Florida Statutes (Supp. 1976), and Florida Rule of Criminal Procedure 3.”

In Re Proposed Florida Appellate Rules, 351 So. 2d 981 (Fla. 1977). · cites it 2× “Consideration of such motions shall be in accordance with Section 903.132, Florida Statutes (Supp. 1976), and Florida Rule of Criminal Procedure 3.”

Amendments to Florida Rules of Appellate Procedure, 827 So. 2d 888 (Fla. 2002). · cites it 2× “Consideration of such motions shall be in accordance with section 903.132, Florida Statutes (Supp. 1976), and Florida Rule of Criminal Procedure 3.”

In Re Amendments to Florida Rules, 609 So. 2d 516 (Fla. 1992). · cites it 2× “Consideration of such motions shall be in accordance with Ssection 903.132, Florida Statutes (Supp. 1976), and Florida Rule of *549 Criminal Procedure 3.”

Show all 36 citing cases →

— 903.132(1) — 5 cases

Gallie v. Wainwright, 362 So. 2d 936 (Fla. 1978). “(1969), provided: "No person may be admitted to bail upon appeal from a conviction of a felony 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…”

Ferguson v. State, 460 So. 2d 573 (Fla. 4th DCA 1984).

Loudd v. State, 356 So. 2d 1297 (Fla. 4th DCA 1978).

Dotson v. State, 764 So. 2d 6 (Fla. 4th DCA 1999).

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

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