Florida's Pre-Trial Diversion Programs: Who Qualifies and What Happens

Florida offers several pathways for eligible defendants to avoid traditional prosecution through pre-trial diversion programs and specialty courts. These programs can result in charges being dismissed entirely upon successful completion, making them one of the most favorable outcomes available in Florida’s criminal justice system.

What Is Pre-Trial Diversion?

Pre-trial diversion (PTD) is a program offered by State Attorney’s Offices that allows eligible defendants to complete certain conditions—community service, counseling, drug testing, restitution—in exchange for having their charges dismissed. The defendant enters the program before trial, and if they successfully complete all requirements, the State Attorney drops the charges.

Unlike adjudication withheld (where a guilty finding is entered but conviction is not imposed), pre-trial diversion results in no guilty finding at all. This makes it the most favorable non-acquittal outcome for a defendant.

Types of Diversion Programs

Pre-Trial Intervention (PTI)

PTI is the most common diversion program in Florida, authorized under Florida Statute § 948.08. It is typically available for first-time, non-violent felony offenders. The program usually lasts 6–12 months and may include:

• Community service hours (typically 50–100 hours)
• Drug and alcohol counseling or treatment
• Mental health evaluation and treatment if appropriate
• Restitution to the victim
• Regular check-ins with a PTI officer
• Drug testing
• Employment or educational requirements

Misdemeanor Diversion

Many State Attorney’s Offices offer separate diversion programs for misdemeanor offenses. These tend to have shorter durations (3–6 months) and fewer requirements. Some counties have expanded misdemeanor diversion to include certain low-level felonies as well.

Drug Court (§ 397.334)

Florida’s Drug Court program is a judicially supervised treatment program specifically designed for defendants whose criminal behavior is driven by substance abuse. Drug courts are more intensive than standard diversion programs, typically lasting 12–18 months and involving:

• Frequent court appearances before the drug court judge
• Intensive outpatient or residential substance abuse treatment
• Random and frequent drug testing (often 2–3 times per week)
• 12-step or other recovery program participation
• Employment and housing stability requirements
• Graduated phases with increasing privileges

Drug court participants who relapse may face sanctions (community service, short jail stays) but are not necessarily expelled from the program. The philosophy is therapeutic rather than punitive.

Mental Health Court

Several Florida counties operate mental health courts for defendants whose criminal behavior is related to mental illness. These courts connect defendants with treatment services and monitor compliance through regular court appearances.

Veterans Treatment Court

Authorized under § 394.47891, Veterans Treatment Courts serve eligible veterans and active-duty military members whose criminal behavior is related to military service-related conditions including PTSD, traumatic brain injury, substance abuse, and mental health disorders.

Who Qualifies?

Eligibility criteria vary by program and by county, but common requirements include:

• No prior felony convictions (for PTI programs)
• No prior diversion participation (most programs are a one-time opportunity)
• Non-violent offense (though some drug courts accept defendants charged with certain violent offenses if driven by substance abuse)
• Victim consent (for crimes with an identifiable victim, the victim’s input is usually considered)
• State Attorney approval (diversion is at the discretion of the prosecution, not a right)

It is important to note that diversion is not an entitlement. Even when a defendant meets all eligibility criteria, the State Attorney retains discretion to deny admission. This is one reason why an attorney’s relationship with the local prosecutor’s office can be valuable.

What Our Data Shows

Our database tracks pre-trial diversion rates across all charge categories and counties. Several patterns emerge:

• Drug possession cases have the highest diversion rates of any charge category, consistent with the availability of drug court programs
• Urban counties generally have more robust diversion programs and higher diversion rates than rural counties
• Diversion rates vary enormously by county—from low single digits in some rural jurisdictions to over 15% in counties with well-funded alternative programs
• First-time petit theft offenders are frequently offered diversion, and our data shows substantially lower recidivism for those who complete it

After Completion: Sealing and Expungement

A key benefit of pre-trial diversion is that the dismissed charge may be eligible for expungement under § 943.0585. Unlike sealing (which hides the record but retains it), expungement physically destroys the record. Expungement after diversion completion requires a separate petition to the court and approval from FDLE, but success rates for diversion completions are high.

Getting Into a Diversion Program

If you are facing charges in Florida and believe you may be eligible for diversion, the most important step is to discuss this option with your attorney as early as possible. Some programs have application deadlines, and early engagement with the State Attorney’s Office can increase the chances of acceptance. Explore our charge data to see diversion rates in your county.