Pre-Trial Diversion Programs in Florida: Eligibility and Outcomes

Pre-trial diversion (PTD) and pre-trial intervention (PTI) programs are among the most favorable outcomes available in Florida's criminal justice system. These programs allow eligible defendants to avoid prosecution entirely by completing specified conditions. This guide explains how PTD/PTI works in Florida, who qualifies, and what our court data reveals about diversion rates across the state.

How Pre-Trial Diversion Works

Under Florida Statute § 948.08, the State Attorney may offer pre-trial intervention to defendants charged with certain offenses. The process works as follows:

1. The State Attorney's Office identifies eligible candidates based on the charge, criminal history, and other factors
2. The defendant agrees to participate and signs a diversion contract
3. Prosecution is deferred while the defendant completes program requirements
4. Upon successful completion, the State Attorney files a nolle prosequi (dismissal of charges)
5. If the defendant fails to complete the program, prosecution resumes on the original charges

Eligibility Requirements

While each judicial circuit sets its own specific criteria, common eligibility requirements include:

• First-time offender — No prior criminal convictions or PTD/PTI participation
• Non-violent offense — Most violent felonies are excluded
• Charge level — Typically misdemeanors and third-degree felonies
• Victim consent — For offenses with identifiable victims, the victim may need to agree
• State Attorney approval — The prosecutor must consent to diversion

Specialized Diversion Programs

Florida has expanded diversion options through specialized programs:

• Veterans Treatment Court (§ 948.16) — For current or former military service members with service-connected issues
• Mental Health Court (§ 948.08(6)) — For defendants whose mental health contributed to the offense
• Drug Court (§ 948.08(6)) — Intensive supervision and treatment for substance abuse-related offenses
• Misdemeanor Diversion — Streamlined programs for minor offenses

Program Conditions

Typical PTD/PTI conditions include:

• Community service hours (usually 25–100 hours depending on the charge)
• Substance abuse evaluation and treatment (if applicable)
• Payment of restitution to any victims
• Random drug and alcohol testing
• Anger management or other counseling
• Program supervision fees
• No new arrests during the program period
• Program duration typically 6–12 months for misdemeanors, 12–18 months for felonies

What Our Data Shows About Diversion

Our analysis of 1.69 million FDLE records reveals interesting patterns in pre-trial diversion usage across Florida:

• County variation — Diversion rates vary significantly by county, reflecting differences in State Attorney policies and available program resources
• Charge patterns — Drug possession and theft charges have among the highest diversion rates
• Urban vs. rural — Larger counties tend to have more structured and diverse diversion programs

Explore our charge pages to see diversion rates for specific offenses, and browse county pages to compare diversion usage across jurisdictions.

After Successful Completion

When you successfully complete PTD/PTI, the State Attorney dismisses the charges. This is the best practical outcome short of an acquittal because:

• No conviction or adjudication of any kind enters your record
• You become eligible for expungement under § 943.0585
• Most background checks will show the arrest but also the dismissal
• You can truthfully state you were not convicted of the offense

Should You Seek Diversion?

For eligible defendants, pre-trial diversion is almost always worth pursuing. The alternative — proceeding to trial or accepting a plea deal — carries the risk of a conviction that will follow you permanently. Discuss PTD/PTI options with your attorney early in your case, as some circuits have deadlines for diversion applications.