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The 2025 Florida Statutes
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F.S. 948.08948.08 Pretrial intervention program.—(1) The department shall supervise pretrial intervention programs for persons charged with a crime, before or after any information has been filed or an indictment has been returned in the circuit court. Such programs shall provide appropriate counseling, education, supervision, and medical and psychological treatment as available and when appropriate for the persons released to such programs. (2) Any first offender, or any person previously convicted of not more than one nonviolent misdemeanor, who is charged with any misdemeanor or felony of the third degree is eligible for release to the pretrial intervention program on the approval of the administrator of the program and the consent of the victim, the state attorney, and the judge who presided at the initial appearance hearing of the offender. However, the defendant may not be released to the pretrial intervention program unless, after consultation with his or her attorney, he or she has voluntarily agreed to such program and has knowingly and intelligently waived his or her right to a speedy trial for the period of his or her diversion. The defendant or the defendant’s immediate family may not personally contact the victim or the victim’s immediate family to acquire the victim’s consent under this section. (3) The criminal charges against an offender admitted to the program shall be continued without final disposition for a period of 90 days after the date the offender was released to the program, if the offender’s participation in the program is satisfactory, and for an additional 90 days upon the request of the program administrator and consent of the state attorney, if the offender’s participation in the program is satisfactory. (4) Resumption of pending criminal proceedings shall be undertaken at any time if the program administrator or state attorney finds that the offender is not fulfilling his or her obligations under this plan or if the public interest so requires. The court may not appoint the public defender to represent an indigent offender released to the pretrial intervention program unless the offender’s release is revoked and the offender is subject to imprisonment if convicted. (5) At the end of the intervention period, the administrator shall recommend:(a) That the case revert to normal channels for prosecution in instances in which the offender’s participation in the program has been unsatisfactory; (b) That the offender is in need of further supervision; or (c) That dismissal of charges without prejudice shall be entered in instances in which prosecution is not deemed necessary. The state attorney shall make the final determination as to whether the prosecution shall continue. (6)(a) For purposes of this subsection, the term “nonviolent felony” means a third degree felony violation of chapter 810 or any other felony offense that is not a forcible felony as defined in s. 776.08. (b) Notwithstanding any provision of this section, a person is eligible for voluntary admission into a pretrial substance abuse education and treatment intervention program, including a treatment-based drug court program established pursuant to s. 397.334, approved by the chief judge of the circuit, for a period to be determined by the court, based on the clinical needs of the defendant, if he or she:1. Is identified as having a substance abuse problem and is amenable to treatment. 2. Is charged with a nonviolent felony. 3. Is not also charged with a crime involving violence, including, but not limited to, murder, sexual battery, robbery, carjacking, home-invasion robbery, or any other crime involving violence. 4. Has two or fewer felony convictions, provided that the prior convictions are for nonviolent felonies. (c) Upon motion of either party or the court’s own motion, and with the agreement of the defendant, the court shall admit an eligible person into a pretrial substance abuse education and treatment intervention program, except:1. If the state attorney believes that the facts and circumstances of the case suggest the defendant’s involvement in the dealing and selling of controlled substances, the court shall hold a preadmission hearing. If the state attorney establishes, by a preponderance of the evidence at such hearing, that the defendant was involved in the dealing or selling of controlled substances, the court shall deny the defendant’s admission into a pretrial intervention program. 2. If the defendant has two or fewer prior felony convictions as provided in subparagraph (b)4., the court, in its discretion, may deny admission to such a program. (d) While enrolled in a pretrial intervention program authorized by this subsection, the participant is subject to a coordinated strategy developed by a drug court team under s. 397.334(4). The coordinated strategy may include a protocol of sanctions that may be imposed upon the participant for noncompliance with program rules. The protocol of sanctions may include, but is not limited to, placement in a substance abuse treatment program offered by a licensed service provider as defined in s. 397.311 or in a jail-based treatment program or serving a period of incarceration within the time limits established for contempt of court. The coordinated strategy must be provided in writing to the participant before the participant agrees to enter into a pretrial treatment-based drug court program or other pretrial intervention program. Any person whose charges are dismissed after successful completion of the treatment-based drug court program, if otherwise eligible, may have his or her arrest record and plea of nolo contendere to the dismissed charges expunged under s. 943.0585. (e) At the end of the pretrial intervention period, the court shall consider the recommendation of the program administrator pursuant to subsection (5) and the recommendation of the state attorney as to disposition of the pending charges. The court shall determine, by written finding, whether the defendant has successfully completed the pretrial intervention program. Notwithstanding the coordinated strategy developed by a drug court team pursuant to s. 397.334(4), if the court finds that the defendant has not successfully completed the pretrial intervention program, the court may order the person to continue in education and treatment, which may include substance abuse treatment programs offered by licensed service providers as defined in s. 397.311 or jail-based treatment programs, or order that the charges revert to normal channels for prosecution. The court shall dismiss the charges upon a finding that the defendant has successfully completed the pretrial intervention program. (f) Any entity, whether public or private, providing a pretrial substance abuse education and treatment intervention program under this subsection must contract with the county or appropriate governmental entity, and the terms of the contract must include, but need not be limited to, the requirements established for private entities under s. 948.15(3). (7)(a) A person who is charged with a felony, other than a felony listed in s. 948.06(8)(c), and who is identified as a veteran or a servicemember, as defined in s. 394.47891(2)(d) or (c), respectively, and is otherwise qualified to participate in a veterans treatment court program under s. 394.47891 is eligible for admission into a veterans treatment court program pursuant to the requirements of s. 394.47891(4) and (8). (b) While enrolled in a pretrial intervention program authorized by this subsection, the participant shall be subject to a coordinated strategy developed by a veterans’ treatment intervention team. The coordinated strategy should be modeled after the therapeutic jurisprudence principles and key components in s. 397.334(4), with treatment specific to the needs of servicemembers and veterans. The coordinated strategy may include a protocol of sanctions that may be imposed upon the participant for noncompliance with program rules. The protocol of sanctions may include, but need not be limited to, placement in a treatment program offered by a licensed service provider or in a jail-based treatment program or serving a period of incarceration within the time limits established for contempt of court. The coordinated strategy must be provided in writing to the participant before the participant agrees to enter into a pretrial veterans’ treatment intervention program or other pretrial intervention program. Any person whose charges are dismissed after successful completion of the pretrial veterans’ treatment intervention program, if otherwise eligible, may have his or her arrest record of the dismissed charges expunged under s. 943.0585. (c) At the end of the pretrial intervention period, the court shall consider the recommendation of the program administrator and the recommendation of the state attorney as to disposition of the pending charges. The court shall determine, by written finding, whether the defendant has successfully completed the pretrial intervention program. If the court finds that the defendant has not successfully completed the pretrial intervention program, the court may order the person to continue in education and treatment, which may include treatment programs offered by licensed service providers or jail-based treatment programs, or order that the charges revert to normal channels for prosecution. The court shall dismiss the charges upon a finding that the defendant has successfully completed the pretrial intervention program. (8)(a) Notwithstanding any provision of this section, a defendant is eligible for voluntary admission into a pretrial mental health court program established pursuant to s. 394.47892 and approved by the chief judge of the circuit for a period to be determined by the court, based on the clinical needs of the defendant, upon motion of either party or the court’s own motion if:1. The defendant is identified as having a mental illness; and 2. The defendant is charged with:a. A nonviolent felony that includes a third degree felony violation of chapter 810 or any other felony offense that is not a forcible felony as defined in s. 776.08; b. Resisting an officer with violence under s. 843.01, if the law enforcement officer and state attorney consent to the defendant’s participation; c. Battery on a law enforcement officer under s. 784.07, if the law enforcement officer and state attorney consent to the defendant’s participation; or d. Aggravated assault, if the victim and state attorney consent to the defendant’s participation. (b) At the end of the pretrial intervention period, the court shall consider the recommendation of the program administrator and the recommendation of the state attorney as to disposition of the pending charges. The court shall determine, by written finding, whether the defendant has successfully completed the pretrial intervention program. If the court finds that the defendant has not successfully completed the pretrial intervention program, the court may order the person to continue in education and treatment, which may include a mental health program offered by a licensed service provider, as defined in s. 394.455, or order that the charges revert to normal channels for prosecution. The court shall dismiss the charges upon a finding that the defendant has successfully completed the pretrial intervention program. (9) The department may contract for the services and facilities necessary to operate pretrial intervention programs. History.—s. 6, ch. 74-112; s. 1, ch. 75-301; s. 24, ch. 77-120; s. 1, ch. 77-174; s. 36, ch. 79-3; s. 1, ch. 80-329; s. 9, ch. 91-225; s. 6, ch. 91-280; s. 1, ch. 93-229; ss. 1688, 1689, ch. 97-102; s. 13, ch. 97-107; s. 123, ch. 99-3; s. 1, ch. 99-152; s. 3, ch. 2001-48; s. 16, ch. 2001-110; s. 6, ch. 2002-297; s. 8, ch. 2006-97; s. 5, ch. 2009-64; s. 18, ch. 2012-159; s. 114, ch. 2013-15; s. 17, ch. 2016-127; s. 2, ch. 2019-61; s. 64, ch. 2019-167; s. 5, ch. 2021-240; s. 2, ch. 2023-191. Note.—Former s. 944.025.
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Annotations, Discussions, Cases:
Cases Citing Statute 948.08
Total Results: 46
882 So. 2d 449, 2004 Fla. App. LEXIS 12854, 2004 WL 1932874
District Court of Appeal of Florida | Filed: Sep 1, 2004 | Docket: 1686291
Cited 15 times | Published
whether the prosecution shall continue. [e.s.]
§ 948.08(2)-(5), Fla. Stat. (2003).
[2] See Fla. R. Civ
816 F.3d 1300, 2016 U.S. App. LEXIS 4684, 2016 WL 1014220
Court of Appeals for the Eleventh Circuit | Filed: Mar 15, 2016 | Docket: 3044461
Cited 10 times | Published
whether the prosecution will continue, Fla. Stat. § 948.08(5) (2013), and the Florida Supreme Court has recognized
661 So. 2d 112, 1995 WL 540417
District Court of Appeal of Florida | Filed: Sep 13, 1995 | Docket: 532116
Cited 8 times | Published
order, pursuant to the authority granted by section 948.08(6)(a), Florida Statutes (1993). The procedures
636 So. 2d 815, 1994 WL 162781
District Court of Appeal of Florida | Filed: May 3, 1994 | Docket: 1361441
Cited 6 times | Published
the state objected and notwithstanding that section 948.08(2), Florida Statutes (1993)[1] explicitly requires
22 So. 3d 734, 2009 Fla. App. LEXIS 16872, 2009 WL 3788729
District Court of Appeal of Florida | Filed: Nov 13, 2009 | Docket: 1639615
Cited 5 times | Published
1212 (Fla. 5th DCA 2004). It is governed by section 948.08, Florida Statutes (2007), which gives the state
796 So. 2d 1227, 2001 WL 1202810
District Court of Appeal of Florida | Filed: Oct 10, 2001 | Docket: 1249261
Cited 5 times | Published
participate in pretrial intervention as authorized by section 948.08(2), Florida Statutes (2000). Successful completion
876 So. 2d 1227, 2004 WL 1256693
District Court of Appeal of Florida | Filed: Jun 9, 2004 | Docket: 1671102
Cited 4 times | Published
admission into drug court because it misconstrued section 948.08(6)(a).[1] The trial judge found defendant ineligible
652 So. 2d 1265, 1995 WL 170058
District Court of Appeal of Florida | Filed: Apr 12, 1995 | Docket: 2581922
Cited 4 times | Published
treatment intervention program as provided in section 948.08(6)(a), Florida Statutes (1993). That section
979 So. 2d 292, 2008 WL 536645
District Court of Appeal of Florida | Filed: Feb 29, 2008 | Docket: 1408156
Cited 3 times | Published
into the drug court program and asserts that section 948.08(6)(a), Florida Statutes (2007), does not apply
951 So. 2d 1008, 2007 WL 837199
District Court of Appeal of Florida | Filed: Mar 21, 2007 | Docket: 1682633
Cited 3 times | Published
Board, 565 So.2d 880, 881 (Fla. 5th DCA 1990). Section 948.08, Florida Statutes, allows certain first offenders
890 So. 2d 543, 2005 WL 53265
District Court of Appeal of Florida | Filed: Jan 12, 2005 | Docket: 1291809
Cited 3 times | Published
pretrial intervention program, pursuant to section 948.08(6), Florida Statutes (2003). On August 27,
881 So. 2d 1209, 2004 Fla. App. LEXIS 13742
District Court of Appeal of Florida | Filed: Sep 17, 2004 | Docket: 64832496
Cited 3 times | Published
and that the terms of the agreement violated section 948.08(2), of the Florida Statutes2 since *1211the
746 So. 2d 1217, 1999 WL 1206694
District Court of Appeal of Florida | Filed: Dec 17, 1999 | Docket: 1715019
Cited 3 times | Published
pretrial intervention program, pursuant to section 948.08(6)(a), Florida Statutes (1999). According to
675 So. 2d 994, 1996 WL 313124
District Court of Appeal of Florida | Filed: Jun 12, 1996 | Docket: 2563299
Cited 3 times | Published
state to pretrial intervention pursuant to section 948.08, Florida Statutes (1995), with one notable
648 So. 2d 851, 1995 WL 17533
District Court of Appeal of Florida | Filed: Jan 18, 1995 | Docket: 1701902
Cited 3 times | Published
court and section 948.08(6), Florida Statutes (1993).
The relevant parts of section 948.08(6) state:
647 So. 2d 995, 1994 WL 700691
District Court of Appeal of Florida | Filed: Dec 16, 1994 | Docket: 2586656
Cited 3 times | Published
proceeding implicates the purpose and application of section 948.08(4), Florida Statutes (1991), which provides
35 So. 3d 47, 2010 Fla. App. LEXIS 4865, 2010 WL 1444890
District Court of Appeal of Florida | Filed: Apr 13, 2010 | Docket: 1646038
Cited 2 times | Published
discretion to consent to enter. Id. at 736. See § 948.08(2), Fla. Stat. (“Any ... offender ... is eligible
884 So. 2d 299, 2004 WL 1836311
District Court of Appeal of Florida | Filed: Aug 18, 2004 | Docket: 1683145
Cited 2 times | Published
pretrial intervention program is governed by section 948.08, Florida Statutes (2003). The only "sanctions"
783 So. 2d 295, 2001 WL 261622
District Court of Appeal of Florida | Filed: Mar 19, 2001 | Docket: 1675860
Cited 2 times | Published
the statute of limitations were also invalid. Section 948.08(2), Florida Statutes, specifically requires
29 So. 3d 1172, 2010 Fla. App. LEXIS 2860, 2010 WL 768758
District Court of Appeal of Florida | Filed: Mar 8, 2010 | Docket: 1933476
Cited 1 times | Published
He entered into a DPA and the PTI program. See § 948.08(6)(a), Fla. Stat. (2009); see also § 397.334,
965 So. 2d 216, 2007 Fla. App. LEXIS 13868, 2007 WL 2480550
District Court of Appeal of Florida | Filed: Sep 5, 2007 | Docket: 64852534
Cited 1 times | Published
detail the reasons therefor.-
(emphasis added).
Section 948.08, Florida Statutes (2006), concerning conditions
965 So. 2d 216, 2007 Fla. App. LEXIS 13868, 2007 WL 2480550
District Court of Appeal of Florida | Filed: Sep 5, 2007 | Docket: 64852534
Cited 1 times | Published
detail the reasons therefor.-
(emphasis added).
Section 948.08, Florida Statutes (2006), concerning conditions
881 So. 2d 1209, 2004 WL 2070905
District Court of Appeal of Florida | Filed: Sep 17, 2004 | Docket: 1465741
Cited 1 times | Published
and that the terms of the agreement violated section 948.08(2), of the Florida Statutes[2] since *1211
District Court of Appeal of Florida | Filed: Aug 8, 2025 | Docket: 71060665
Published
the decision
to continue prosecution under section 948.08, Florida Statutes (2023), lies solely
with
District Court of Appeal of Florida | Filed: Dec 20, 2023 | Docket: 68103679
Published
the $2 per month for
supervision pursuant to section 948.08, Florida Statutes, appears
to be in error.
District Court of Appeal of Florida | Filed: Feb 1, 2023 | Docket: 66777700
Published
47891(4) and (8), Florida Statutes (2021).
Section 948.08 discusses different pretrial intervention programs
District Court of Appeal of Florida | Filed: Jan 5, 2022 | Docket: 61689372
Published
court based upon an erroneous interpretation of
section 948.08(6)(b)2., Florida Statutes (2020). Relying on
District Court of Appeal of Florida | Filed: Oct 13, 2021 | Docket: 60642705
Published
considered, they are not
determinative.
Section 948.08(6)(b), Florida Statutes (2020), provides the
District Court of Appeal of Florida | Filed: Sep 30, 2020 | Docket: 18488447
Published
that because he satisfied the criteria under section 948.08(7), he was entitled to
admission in a veterans'
District Court of Appeal of Florida | Filed: Jul 31, 2019 | Docket: 15992407
Published
eligibility into
veterans’ court as stated in section 948.08(7), Florida Statutes
(2018), entitled
District Court of Appeal of Florida | Filed: Jun 12, 2019 | Docket: 15762829
Published
eligibility into
veterans’ court as stated in section 948.08(7), Florida Statutes (2018), he
is entitled
272 So. 3d 1289
District Court of Appeal of Florida | Filed: Jun 7, 2019 | Docket: 15738275
Published
program” upon motion of a party or the court.
§ 948.08(6)(a), Fla. Stat. (2019) (specifying two exceptions
267 So. 3d 444
District Court of Appeal of Florida | Filed: Mar 27, 2019 | Docket: 14809070
Published
circuit’s administrative order may not do.
Section 948.08, Florida Statutes, establishes various pretrial
260 So. 3d 460
District Court of Appeal of Florida | Filed: Nov 30, 2018 | Docket: 64699774
Published
program without its consent and argues that section 948.08(6)(a), Florida Statutes (2018), does not apply
260 So. 3d 460
District Court of Appeal of Florida | Filed: Nov 30, 2018 | Docket: 64699773
Published
program without its consent and argues that section 948.08(6)(a), Florida Statutes (2018), does not apply
147 So. 3d 1100, 2014 Fla. App. LEXIS 15289
District Court of Appeal of Florida | Filed: Oct 1, 2014 | Docket: 1400844
Published
discretionary form of pretrial release.
See
§ 948.08(l)-(2)
1
, Fla. Stat. (2013). The prosecution
110 So. 3d 538, 2013 WL 1438372, 2013 Fla. App. LEXIS 5730
District Court of Appeal of Florida | Filed: Apr 10, 2013 | Docket: 60230352
Published
the drug court program. See § 948.08(6), Fla. Stat. (2012). Section 948.08(6)(a)2 provides:
2. If the
42 So. 3d 343, 2010 Fla. App. LEXIS 12206, 2010 WL 3269273
District Court of Appeal of Florida | Filed: Aug 20, 2010 | Docket: 1148604
Published
program without its consent and asserts that section 948.08(6)(a), Florida Statutes (2009), does not apply
42 So. 3d 895, 2010 Fla. App. LEXIS 12203, 2010 WL 3269256
District Court of Appeal of Florida | Filed: Aug 20, 2010 | Docket: 94974
Published
program without its consent and contends that section 948.08(6)(a), Florida Statutes (2009), does not apply
956 So. 2d 1238, 2007 Fla. App. LEXIS 7973, 2007 WL 1486035
District Court of Appeal of Florida | Filed: May 23, 2007 | Docket: 64850795
Published
have failed to grasp the distinction between section 948.08(1-5), Florida Statutes (2006), which authorizes
709 So. 2d 612, 1998 Fla. App. LEXIS 3733, 1998 WL 161293
District Court of Appeal of Florida | Filed: Apr 9, 1998 | Docket: 64780234
Published
county jail for time served — forty-four days.
Section 948.08, Florida Statutes (1997), provides:
Pretrial
650 So. 2d 1030, 1995 Fla. App. LEXIS 589, 1995 WL 37342
District Court of Appeal of Florida | Filed: Feb 1, 1995 | Docket: 64754432
Published
court’s dismissal of a prosecution pursuant to section 948.08(6), Florida Statutes (1993). We treat the prior
644 So. 2d 282, 19 Fla. L. Weekly Supp. 551, 1994 Fla. LEXIS 1556, 1994 WL 573205
Supreme Court of Florida | Filed: Oct 20, 1994 | Docket: 64751641
Published
persons charged with nonviolent offenses. See § 948.08, Fla.Stat. (1993).
Rule 8-7.6 — Procedures Before
640 So. 2d 214, 1994 Fla. App. LEXIS 7646, 1994 WL 397615
District Court of Appeal of Florida | Filed: Aug 3, 1994 | Docket: 64749919
Published
the administrator and the state attorney. See § 948.08(6)(b), Fla.Stat. (1993). There would appear to
635 So. 2d 1075, 1994 Fla. App. LEXIS 4127, 1994 WL 162725
District Court of Appeal of Florida | Filed: May 3, 1994 | Docket: 64747927
Published
the initial appear-anee hearing of the offender.
§ 948.08(2), Fla.Stat. (1993) (emphasis added).
For present
475 So. 2d 272, 10 Fla. L. Weekly 2114, 1985 Fla. App. LEXIS 15884
District Court of Appeal of Florida | Filed: Sep 5, 1985 | Docket: 64614078
Published
to report to the probation supervisor [see section 948.-08(l)(a), Florida Statutes (1983) ]. Without such
