Post-Sentencing Bail in Florida

A person who has been sentenced for the commission of any non-capital offense for which bail is not prohibited
under Section 903.133, F.S., may be released, pending review of his or her conviction, at the discretion of either the trial or appellate court.

Under Fla. R. App. P. 9.140(h), the court may hear a motion for post-trial release pending appeal before or after a notice of appeal is filed, but a person may not be released from custody until the defendant files a notice of appeal.

Under Section 903.132, F.S., a person who is convicted of a felony may not be admitted to bail upon appeal unless he or she establishes that an appeal is taken in good faith, on grounds fairly debatable, and not frivolous.

As a limitation on that power, the trial court cannot grant bail if:

• a 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
• other felony charges are pending against the person and there has been a finding of probable cause that the person has committed the felony or felonies at the time the request for bail is made.16

As required by Section 903.132(1), F.S., an original appearance bond may not be continued for an appeal and the court must determine a new bond to reflect the increased risk and probability of longer time considerations.

As required by Fla. R. Crim. P. 3.691(d), if a person is already in custody when a guilty verdict is rendered, the defendant must be remanded, and if a person is released after conviction and pending appeal, the defendant must:

• duly prosecute his or her appeal;
• surrender himself or herself in execution of the judgment or sentence if it is affirmed or modified, or if the
  appeal is dismissed;
• appear in court if the judgment is reversed and the case is remanded for a new trial; and
• not leave the jurisdiction without permission from the court.

When is Bail Pending a Review of the Conviction Prohibited?

Section 903.133, F.S., applies after the court has entered a judgment and sentence against a guilty person, a judge has discretion to release a person from custody who has been found guilty of an offense outlined in s. 903.133, F.S., but who is yet to be sentenced.

Nevertheless, under S. 903.133, F.S., no person may be admitted to bail pending review either by post-trial motion or appeal if he or she was found guilty of:

• Sexual battery by a person 18 years of age or older against a victim between 12 and 18 years of age;
• Any OTHER offense requiring sexual offender registration under s. 943.0435(1)(h), F.S., or sexual predator registration under s. 775.21(4), F.S., when, at the time of the offense, the offender was 18 years of age or older and the victim was a minor;
• Any felony of the first degree for a violation of:
  • Trafficking in any controlled substance.
  • Sale, manufacture, or delivery, or possession with intent to sell, manufacture, or deliver a controlled substance;
  • Kidnapping;
  • Arson;
  • Sexual battery, under s. 794.011(2)-(3), F.S.; or
  • Murder.