What pretrial diversion or drug court programs exist in Florida?
Florida codified diversion in Ch. 948 of the Florida Statutes and operates the original 1989 Miami-Dade Drug Court that became the national model.
1. Pretrial Intervention / Diversion (DA-Run). Fla. Stat. § 948.08(2) authorizes the State Attorney to admit defendants charged with a third-degree felony into PTI for 6-24 months. Completion = nolle pros (dismissal).
2. Statutory Drug Court PTI. Fla. Stat. § 948.08(6) creates a separate post-arrest PTI for non-violent offenders with substance-use disorder. Includes drug court supervision, urinalysis, treatment, and graduation; dismissal upon completion.
3. Drug Court. Authorized by Fla. Stat. § 397.334; first US drug court launched in Miami-Dade in 1989. Every judicial circuit operates one.
4. Veterans Treatment Court. Fla. Stat. § 394.47891 establishes Veterans Treatment Courts for service members and veterans suffering from MST, TBI, PTSD, or SUD related to service.
5. Mental Health Court. Fla. Stat. § 394.47892 establishes Mental Health Courts; coordinates with community MH providers under Baker Act framework.
6. DUI Court. Authorized at circuit level; combines ignition-interlock under § 316.1937 with treatment.
7. Youthful Offender Act. Fla. Stat. § 958.04 lets the court sentence offenders 18-21 (or charged before 21) as youthful offenders, capping incarceration at 6 years and providing rehabilitative programs.
8. First-Time-Offender Statute. Fla. Stat. § 943.0585 (court-ordered expunction) and § 943.059 (sealing) apply after diversion or withhold of adjudication. Withhold of adjudication under § 948.01 is not a "conviction" under Florida law.
9. Effects. Successful PTI usually results in nolle pros and eligibility to seal under § 943.0585(1)(h). Federal background checks may still show the arrest until sealed.
10. Federal Pretrial Diversion. 18 U.S.C. § 3154; USAO-controlled within Florida's three federal districts; rarely used.
This is legal information, not legal advice.
- You are charged with a third-degree felony and want to negotiate Drug Court PTI under § 948.08
- You are under 21 and could qualify for Youthful Offender sentencing under § 958.04
- You need to seal a withhold of adjudication under § 943.059 after completing diversion
- Fla. Stat. § 948.08
- Fla. Stat. § 948.16
- Fla. Stat. § 958.04
- Fla. Stat. § 394.47891
- Fla. Stat. § 943.0585
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.