Florida Statutes

Fla. Stat. § 903.133 (2025)

Bail on appeal; prohibited for certain felony convictions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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; ss. 38, 67, ch. 2025-156.

Notes of Decisions

Cited in 19 cases (2 in the last 5 years), 1981–2022 · leading case: Hart v. State, 405 So. 2d 1048 (Fla. 4th DCA 1981).

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Hart v. State, 405 So. 2d 1048 (Fla. 4th DCA 1981). · cites it 14× “In accordance with the provisions of Section 903.133, Florida Statutes (1980), the judge refused to set bail after petitioners were sentenced.”

State Ex Rel. Spaulding v. Watt, 423 S.E.2d 217 (W. Va. 1992). · cites it 2× “[7] See Fla.Stat.Ann. § 903.133 (1992 Cum.Supp.); Miss.”

Stamps v. State, 620 So. 2d 1033 (Fla. 2d DCA 1993). · cites it 2× “Stamps' offense was elevated to a first-degree felony for which section 903.133, Florida Statutes (1991), specifically forbids bail on appeal.”

Coolley v. State, 720 So. 2d 598 (Fla. 2d DCA 1998). · cites it 2× “NOTES [1] See § 903.133, Fla. Stat. (1997).”

Cunningham v. State, 423 So. 2d 580 (Fla. 2d DCA 1982). · cites it 7× “The trial court denied the motion stating that "section 903.133, Florida Statutes prohibits this Court from granting bail to said Defendant since he has been adjudged guilty of first degree felony for violation of section 893.”

Barts v. State, 447 So. 2d 410 (Fla. 1st DCA 1984). · cites it 6× “Scarlett Barts appeals the trial court’s order denying bail pending appeal from a conviction of second degree murder in accordance with section 903.133, Florida Statutes (1982 Supp.”

In Re: Amendments to the Florida Rules of Crim. Procedure-2018 Regular-cycle Report., 265 So. 3d 494 (Fla. 2018). · cites it 2× “All persons A defendant who have has been adjudicated guilty of the commission of any non-capital offense for which bail is not prohibited under section 903.133, Florida Statutes , not capital, may be released, pending review of the conviction, at the discretion of either the…”

Batie v. State, 521 So. 2d 295 (Fla. 1st DCA 1988). · cites it 4× “At a post-trial hearing the trial court refused to consider release during the pendency of the appeal, relying on section 903.133, Florida Statutes. Appellant has moved for “remand” (more properly characterized as a motion for review pursuant to Rule 9.”

Roberts v. State, 599 So. 2d 751 (Fla. 4th DCA 1992). · cites it 5× “087(l)(b), Florida Statutes (1989) and denied his motion for bail pending appeal pursuant to section 903.133, Florida Statutes (1989).”

Echeverria v. State, 411 So. 2d 357 (Fla. 3d DCA 1982). · cites it 2× “4th DCA 1981) holding that Section 903.133, Florida Statutes (1980 Supp.”

Wise v. State, 528 So. 2d 507 (Fla. 2d DCA 1988). · cites it 2× “Among those purposes is ineligibility for posttrial release, particularly when Section 903.133, Florida Statutes (1987), involving less serious degrees of sexual battery, is taken into consideration.”

Ojeda v. State, 427 So. 2d 185 (Fla. 1983). · cites it 3× “Ojeda was deprived of consideration of his right to be released on bond pending his appeal because of the provisions of section 903.133, Florida Statutes (1981).”

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