The Office of the State Attorney has several diversionary programs designed to offer early intervention to some offenders. These programs have a multipurpose. They can help relieve overburdened courts so that the courts can readily handle more serious cases. They can increase the chances of a better outcome than the involvement with a traditional court system allows. And they can offer less-serious offenders an opportunity to avoid prosecution by participating and completing a program.
Resisting Officer Without Violence (§843) Diversion Program
Offenses:
Program Eligibility:
A prior criminal history is not a per se bar to participation. The majority of Resisting Officer Without Violence cases will be eligible for this program. This class may not be repeated inside of a six-month period.
Actions required by the defendant:
Defendants who qualify will watch the free online Resisting Officer Without Violence Education Course. The defendant will complete the prompts at the end of the course which will result in a certificate which the offender will keep for their own records. The offender will produce the printed certificate or a screen shot of the certificate as proof of completion to the prosecutor assigned to the case at the next court appearance, or, for an out of town participant, submit this electronically or via U.S. Mail, prior to the next court appearance. Thereafter a No Information or Nolle Pros will be filed.
- Resisting Officer Without Violence (as a stand-alone charge) or Resisting Officer Without Violence with a misdemeanor drug possession, or third-degree felony drug possession charge.
Program Eligibility:
A prior criminal history is not a per se bar to participation. The majority of Resisting Officer Without Violence cases will be eligible for this program. This class may not be repeated inside of a six-month period.
Actions required by the defendant:
Defendants who qualify will watch the free online Resisting Officer Without Violence Education Course. The defendant will complete the prompts at the end of the course which will result in a certificate which the offender will keep for their own records. The offender will produce the printed certificate or a screen shot of the certificate as proof of completion to the prosecutor assigned to the case at the next court appearance, or, for an out of town participant, submit this electronically or via U.S. Mail, prior to the next court appearance. Thereafter a No Information or Nolle Pros will be filed.
Underage Drinking Diversion Program
Offenses:
Program Eligibility:
To qualify for the Underage Drinking Diversion Program, the person must be under the age of 21at the time of the offense, and the facts of the case must involve alcohol consumption, possession, or attempt to gain access to establishments that serve alcohol. Prior participation in another diversion program will not make a person ineligible for the Underage Drinking Diversion Program. However, a person generally will not be approved for the program if he or she participated in the Underaged Drinking Diversion Program within the last six months.
Program Overview:
Individuals who qualify for the program will be offered entry by the prosecutor. To successfully complete the program, the individual must watch the free online Underage Drinking Education Course. Once the online course is completed, the individual will need to fill out a form and obtain a completion certificate to keep for their own records. The individual will produce the printed certificate, or a screen shot of the certificate as proof of completion to the prosecutor assigned to the case at the next court appearance, or, for an out-of-town participant, submit this electronically or via U.S. Mail, prior to the next court appearance. When the individual successfully completes the program, the prosecutor will dismiss the charges against the person.
- Possession of Alcoholic Beverages by Persons Under Age 21, § 562.111
- Possession of a False Driver License or Identification Card, § 322.212
Program Eligibility:
To qualify for the Underage Drinking Diversion Program, the person must be under the age of 21at the time of the offense, and the facts of the case must involve alcohol consumption, possession, or attempt to gain access to establishments that serve alcohol. Prior participation in another diversion program will not make a person ineligible for the Underage Drinking Diversion Program. However, a person generally will not be approved for the program if he or she participated in the Underaged Drinking Diversion Program within the last six months.
Program Overview:
Individuals who qualify for the program will be offered entry by the prosecutor. To successfully complete the program, the individual must watch the free online Underage Drinking Education Course. Once the online course is completed, the individual will need to fill out a form and obtain a completion certificate to keep for their own records. The individual will produce the printed certificate, or a screen shot of the certificate as proof of completion to the prosecutor assigned to the case at the next court appearance, or, for an out-of-town participant, submit this electronically or via U.S. Mail, prior to the next court appearance. When the individual successfully completes the program, the prosecutor will dismiss the charges against the person.
DWLS Diversion Program (currently only available in Orange County)
Program Overview:
The DWLS Diversion Program provides two opportunities for diversion:
Individuals who qualify for the program will be offered entry by the prosecutor in court. When the person successfully fulfills the terms and conditions of the DWLS Diversion Program, their case will be dismissed by the prosecutor.
Offenses:
Program Eligibility:
To qualify for the DWLS Diversion Program, the person’s driving privilege must be suspended due to the following financial reasons:
The following cases are not associated with a financial suspension and therefore not eligible for the DWLS Diversion Program:
Out-of-county financial suspensions and/or failure to pay child support suspensions may not qualify if that is the sole basis for the suspension. Prior participation in another diversion program will not make a person ineligible for the DWLS Diversion Program. However, a person generally will not be approved for the program if he or she participated in the DWLS Diversion Program within the last six months.
How to Enroll in the Program:
The prosecutor will advise the person if he/she is eligible for the DWLS Diversion Program in court. Individuals who are eligible for the DWLS Diversion Level 2 Program will be expected to sign the program agreement in court and go to Room 410 in the Orange County Courthouse to sign up for a payment plan and pay the $100 down payment. The down payment will be applied to the $50 cost of prosecution and any other outstanding financial obligations.
The DWLS Diversion Program provides two opportunities for diversion:
- Level 1 is for those who have the financial means to address their outstanding debts and obtain a valid license by their first scheduled court hearing following their arrest or issuance of the citation.
- Level 2 is for those who may not have the financial means to pay outstanding fees that would allow them to obtain a valid license by their first scheduled court hearing, but is willing to commit to a six-month program to help pay off their outstanding debts and obtain a valid license. This program requires a $50 cost of prosecution fee and six months of consecutive payments on a payment plan administered by the Clerk of the Court.
Individuals who qualify for the program will be offered entry by the prosecutor in court. When the person successfully fulfills the terms and conditions of the DWLS Diversion Program, their case will be dismissed by the prosecutor.
Offenses:
- Driving While License Suspended or Revoked (misdemeanors only), § 322.34
- No Valid Driver’s License, § 322.03
Program Eligibility:
To qualify for the DWLS Diversion Program, the person’s driving privilege must be suspended due to the following financial reasons:
- Failed to Pay Traffic Fines/Penalty/Tolls
- Criminal – Failure to Pay
The following cases are not associated with a financial suspension and therefore not eligible for the DWLS Diversion Program:
- Cases involving a crash, property damage, or personal injury or death.
- Driving on a DUI related suspension.
Out-of-county financial suspensions and/or failure to pay child support suspensions may not qualify if that is the sole basis for the suspension. Prior participation in another diversion program will not make a person ineligible for the DWLS Diversion Program. However, a person generally will not be approved for the program if he or she participated in the DWLS Diversion Program within the last six months.
How to Enroll in the Program:
The prosecutor will advise the person if he/she is eligible for the DWLS Diversion Program in court. Individuals who are eligible for the DWLS Diversion Level 2 Program will be expected to sign the program agreement in court and go to Room 410 in the Orange County Courthouse to sign up for a payment plan and pay the $100 down payment. The down payment will be applied to the $50 cost of prosecution and any other outstanding financial obligations.
PreTrial Diversion Programs
In June 2019 the State Attorney announced a new Drug Diversion Program, with three tiers, to roll out in August, 2019. The full and final policy, including rationale, is linked here. Level One Drug Diversion Program is for Possession of Misdemeanor Amount of Cannabis, and for Possession of Drug Paraphernalia. Level Two is for defendants with no criminal history or minor criminal history charged with (1) Simple possession of illegal narcotics. These drugs include heroin, cocaine, felony cannabis, and fentanyl, among others, (2) Possession of cannabis (misdemeanor or felony amounts) with intent to sell, (3) Purchase of illegal narcotics, (4) Obtaining or attempting to obtain illegal narcotics by fraud, and (5) Possession of a Controlled Substance without Prescription. Level Three Diversion is the previously existing PreTrial Diversion and Drug Court.
Level 1 Drug Diversion Program
Offenses:
Program Eligibility for Level One Diversion:
A prior criminal history is not a bar to participation, other than this class may not be repeated inside of a six-month period.
Actions required by the defendant:
Defendants who qualify will watch the free online Level One Drug Education Course. The defendant will complete the prompts at the end of the course which will result in a certificate which the offender will keep for their own records. The offender will produce the printed certificate or a screen shot of the certificate as proof of completion to the prosecutor assigned to the case at the next court appearance, or, for an out of town participant, submit this electronically or via U.S. Mail, prior to the next court appearance. Thereafter a Nolle Pros will be filed.
- Possession of Misdemeanor Amount of Cannabis, and for Possession of Drug Paraphernalia.
Program Eligibility for Level One Diversion:
A prior criminal history is not a bar to participation, other than this class may not be repeated inside of a six-month period.
Actions required by the defendant:
Defendants who qualify will watch the free online Level One Drug Education Course. The defendant will complete the prompts at the end of the course which will result in a certificate which the offender will keep for their own records. The offender will produce the printed certificate or a screen shot of the certificate as proof of completion to the prosecutor assigned to the case at the next court appearance, or, for an out of town participant, submit this electronically or via U.S. Mail, prior to the next court appearance. Thereafter a Nolle Pros will be filed.
Level 2 Drug Diversion Program
Offenses:
Program Eligibility for Level Two Diversion:
This program is for a defendant with no or minor recent criminal history. The prosecutor assigned to the case has the discretion to determine what history allows or disallows participation, based upon the interests of public safety etc.
Actions required by the defendant:
Defendants who qualify for the program and who are interested in participating must notify the prosecutor of an intent to participate, and sign a Level Two Drug Diversion Program Contract, and thereafter in a timely fashion complete the three following requirements. In addition, there may be a need for a Waiver of Speedy Trial:
1) The Defendant must pay a $100 cost of prosecution fee, pay a $50 cost of representation fee, if represented by the Office of the Public Defender or the Regional Conflict Counsel, and pay the appropriate cost of investigation fee (which the Assistant State Attorney will write into the contract.) These monies will be paid to the Clerk of the Court, and will be paid pursuant to an Order signed by the trial judge, (signed at the time of entering the Level Two Drug Diversion Program Contract in open court.)
2) The Defendant must complete 4 hours of community service with a 501(c)(3) nonprofit; the proof of completion must be on letterhead, with an original signature. The letter must include a phone number, in case the Assistant State Attorney or Pretrial Diversion Officer chooses to call to verify. The letter must include the date the community service was completed.
3) The Defendant also must complete one of the following, (Defendant’s choice):
Proof of payment of the above-listed monies, proof of community service hours and proof of completion of the 4 hour online substance abuse education class or 2 hour face to face substance abuse education class or assessment must be provided by the defendant at or before the first scheduled pretrial conference. All Level Two defendants must avoid re-arrest (supported by sufficient evidence to be prosecuted) during the span of 6 months.
- Simple possession of illegal narcotics. These drugs include heroin, cocaine, felony cannabis, and fentanyl, among others.
- Possession of cannabis (misdemeanor or felony amounts) with intent to sell.
- Purchase of illegal narcotics.
- Obtaining or attempting to obtain illegal narcotics by fraud.
- Possession of a Controlled Substance without Prescription.
Program Eligibility for Level Two Diversion:
This program is for a defendant with no or minor recent criminal history. The prosecutor assigned to the case has the discretion to determine what history allows or disallows participation, based upon the interests of public safety etc.
Actions required by the defendant:
Defendants who qualify for the program and who are interested in participating must notify the prosecutor of an intent to participate, and sign a Level Two Drug Diversion Program Contract, and thereafter in a timely fashion complete the three following requirements. In addition, there may be a need for a Waiver of Speedy Trial:
1) The Defendant must pay a $100 cost of prosecution fee, pay a $50 cost of representation fee, if represented by the Office of the Public Defender or the Regional Conflict Counsel, and pay the appropriate cost of investigation fee (which the Assistant State Attorney will write into the contract.) These monies will be paid to the Clerk of the Court, and will be paid pursuant to an Order signed by the trial judge, (signed at the time of entering the Level Two Drug Diversion Program Contract in open court.)
2) The Defendant must complete 4 hours of community service with a 501(c)(3) nonprofit; the proof of completion must be on letterhead, with an original signature. The letter must include a phone number, in case the Assistant State Attorney or Pretrial Diversion Officer chooses to call to verify. The letter must include the date the community service was completed.
3) The Defendant also must complete one of the following, (Defendant’s choice):
- A 4-hour online substance abuse course which provides a certificate of completion at the conclusion of the program.
- The Defendant must complete at least 2 hours of face to face substance abuse education with a licensed/certified treatment provider, such as with a professional holding a CAP, MCAP, MSW, LCSW, LMHC, ABA, BCBA, PsyD, or MD. These initials indicate Certified Addiction Professional, Master’s Level Certified Addiction Professional, Master’s in Social Work, Licensed Clinical Social Worker, Licensed Mental Health Counselor, Applied Behavior Analysis Therapist, Board Certified Behavior Analyst, Doctor of Psychology, Medical Doctor. This need not be one on one, and can be in a larger group setting. The proof of completion must be on letterhead, with an original signature, and the signature block should show one or more of these credentials. The letter must include a phone number, in case the Assistant State Attorney chooses to call to verify.
- The Defendant must complete an assessment (not a screening) for substance abuse through an evidence-based assessment tool, with any recommendations provided to the defendant. Appropriate assessments such as the ASI, ASI-MV, a BioPsychoSocial evaluation, the TASC Substance Abuse and Mental Health Assessment Report or TASC Behavioral Health Index will satisfy this expectation. This assessment must be completed by a licensed substance abuse counselor. The defendant must provide a letter on letterhead from the licensed substance abuse counselor indicating that they have had the assessment, and that the full report was provided to the defendant. This letter must include the date of the evaluation, the type of the evaluation, and that the full report was provided to the defendant. (The defendant need not provide the report to the State Attorney’s office.)
Proof of payment of the above-listed monies, proof of community service hours and proof of completion of the 4 hour online substance abuse education class or 2 hour face to face substance abuse education class or assessment must be provided by the defendant at or before the first scheduled pretrial conference. All Level Two defendants must avoid re-arrest (supported by sufficient evidence to be prosecuted) during the span of 6 months.
Level 3 PreTrial Diversion Program
The PreTrial Diversion Program is a deferred prosecution program for certain felony, misdemeanor, and misdemeanor DUI offenders, offered by the Office of the State Attorney and supervised by County and State Corrections. Successful completion of the PreTrial Diversion program will result in the dismissal of the case by the Office of the State Attorney. The Office of the State Attorney is the only office that can refer someone for the program.
Florida Statutes created a cooperative effort between the State Attorney’s Office and selected agencies to divert appropriate cases to these programs. Participants within the program sign a contract with the State of Florida that waives their right to a speedy trial. The participant also agrees to follow the program requirements and perform specific sanctions. Participants are normally supervised six months to 12 months depending upon the offense. If the participant is successful and completes the program, along with listed sanctions, the State agrees to drop the participant’s criminal charges in that specific case. This enables the participant to avoid a conviction and ultimately a criminal record.
Program Eligibility:
Florida Statutes created a cooperative effort between the State Attorney’s Office and selected agencies to divert appropriate cases to these programs. Participants within the program sign a contract with the State of Florida that waives their right to a speedy trial. The participant also agrees to follow the program requirements and perform specific sanctions. Participants are normally supervised six months to 12 months depending upon the offense. If the participant is successful and completes the program, along with listed sanctions, the State agrees to drop the participant’s criminal charges in that specific case. This enables the participant to avoid a conviction and ultimately a criminal record.
Program Eligibility:
- Most misdemeanor, misdemeanor DUI, and third-degree felony charges. Some second-degree felony charges may be eligible.
- Legal residence in the United States.
- Approval by the Office of the State Attorney.
- For DUIs: no prior alcohol-related driving offenses, regardless of disposition; no collision; no prior participation in a DUI diversion program; and no dangerous driving pattern.
- Charges that are not eligible for diversion:
Felonies involving a weapon and extreme violence
Domestic violence cases involving a firearm or weapon
Cases involving sexual allegations, including exposure of sexual organs
Veterans Diversion Program
The Veterans PreTrial Division Program was created in partnership with the Department of Veteran’s Affairs, in an effort to provide needed services for those who were members of our Armed Forces. The goal of Veteran’s Diversion is to provide rehabilitative services to those veterans who have committed certain types of criminal offenses, in an effort to assist veterans in correcting behaviors sometimes associated with prior military service. The programs include substance abuse evaluation and treatment, metal health evaluation, and treatment and job skill development.
Juvenile Diversion Programs
The Ninth Circuit State Attorney’s Office has a diverse and very effective philosophy for working with juvenile offenders. While our primary duty is to protect the community, we also attempt to rehabilitate our juvenile offenders with the hope that they do not re-offend.
The Juvenile Unit has helped design and implement numerous diversion programs to meet the individual needs of each juvenile. These diversion programs make first time, less serious offenders accountable for their criminal behavior but give them an opportunity to have the case dismissed if that program is successfully completed. The office currently offers 5 diversion programs in Orange County and 4 diversion programs in Osceola County for some juvenile cases. Each diversion program targets the individual needs of the child to rehabilitate them so they do not return to the criminal justice system.
Teen Court – A peer-oriented program, Teen Court is for youth ages 12 to 18. Most of the program’s participants are assisted by adult and teen volunteers who take on the role of judges, lawyers and jury. The Teen Court volunteers determine the appropriate sanctions for the delinquent offense. Teen Court also provides a specialized track for juvenile domestic violence offenders.
Juvenile Diversion Alternative Program (JDAP) – Youth for this program may be referred by the Department of Juvenile Justice and approved by the State Attorney’s Office. The targeted age group is under 17 years old. JDAP is a counseling intensive program and also has a domestic violence component.
Neighborhood Restorative Justice – This program is geographically based for youth in the following areas: Winter Garden, Apopka, Ocoee, Maitland, Eatonville and East Orange County. Neighborhood accountability boards determine how to best approach the damage that has resulted from crimes occurring within their own communities.
Teen Court DV
JDAP/Step Up DV
The Juvenile Unit has helped design and implement numerous diversion programs to meet the individual needs of each juvenile. These diversion programs make first time, less serious offenders accountable for their criminal behavior but give them an opportunity to have the case dismissed if that program is successfully completed. The office currently offers 5 diversion programs in Orange County and 4 diversion programs in Osceola County for some juvenile cases. Each diversion program targets the individual needs of the child to rehabilitate them so they do not return to the criminal justice system.
Teen Court – A peer-oriented program, Teen Court is for youth ages 12 to 18. Most of the program’s participants are assisted by adult and teen volunteers who take on the role of judges, lawyers and jury. The Teen Court volunteers determine the appropriate sanctions for the delinquent offense. Teen Court also provides a specialized track for juvenile domestic violence offenders.
Juvenile Diversion Alternative Program (JDAP) – Youth for this program may be referred by the Department of Juvenile Justice and approved by the State Attorney’s Office. The targeted age group is under 17 years old. JDAP is a counseling intensive program and also has a domestic violence component.
Neighborhood Restorative Justice – This program is geographically based for youth in the following areas: Winter Garden, Apopka, Ocoee, Maitland, Eatonville and East Orange County. Neighborhood accountability boards determine how to best approach the damage that has resulted from crimes occurring within their own communities.
Teen Court DV
JDAP/Step Up DV