Pre-Trial Diversion Programs in Florida: Eligibility and Outcomes
Updated September 2026 · 2023-2025 data
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:
- The State Attorney's Office identifies eligible candidates based on the charge, criminal history, and other factors
- The defendant agrees to participate and signs a diversion contract
- Prosecution is deferred while the defendant completes program requirements
- Upon successful completion, the State Attorney files a nolle prosequi (dismissal of charges)
- 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
How Often Is Diversion Actually Used in Florida?
In 2025, 9.0% of 545,666 resolved Florida cases ended through pre-trial diversion, and State Attorneys routed a further 1.5% of referred charges to diversion before filing. Use varies far more by charge and county than most defendants expect.
Where diversion is used most and least — all charges, 2025
| Highest diversion rate | Rate | Lowest diversion rate | Rate |
|---|---|---|---|
| Palm Beach County (46,674 cases) | 35.6% | Nassau County (2,154 cases) | 0.0% |
| Okaloosa County (7,637 cases) | 21.3% | Highlands County (3,033 cases) | 0.0% |
| Walton County (3,421 cases) | 18.2% | Martin County (6,577 cases) | 0.8% |
| Columbia County (2,022 cases) | 16.8% | Duval County (32,943 cases) | 1.4% |
| Leon County (8,727 cases) | 16.2% | Lee County (13,046 cases) | 1.5% |
Among the 41 counties with at least 2,000 resolved cases in 2025. A county at or near 0% may record completed diversions as dismissals rather than as a diversion outcome, so a low figure can reflect clerk practice, not the absence of programs.
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.
Frequently Asked Questions
What is pre-trial diversion in Florida?
Pre-trial diversion (also called pre-trial intervention or PTI) is a program where the State Attorney agrees to defer prosecution while the defendant completes specified conditions such as community service, counseling, restitution, and drug testing. Upon successful completion, the charges are dismissed. In Florida, PTI is governed by Florida Statute section 948.08.
Who is eligible for pre-trial diversion in Florida?
Eligibility varies by judicial circuit and charge. Generally, first-time offenders charged with non-violent misdemeanors or third-degree felonies are eligible. Under section 948.08, the consent of both the defendant and the State Attorney is required.
Does pre-trial diversion show on a background check?
The arrest record remains visible on background checks even after successful completion. However, upon successful completion and dismissal of charges, the defendant becomes eligible for expungement under Florida Statute section 943.0585, which would remove the record from public databases.