(1)(a) A person who is charged with a misdemeanor and identified as having a substance abuse problem and who has not previously been convicted of a felony, is eligible for voluntary admission into a misdemeanor 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 based on the program requirements and the treatment plan for the offender, upon motion of either party or the court’s own motion, except, if the state attorney believes the facts and circumstances of the case suggest the defendant is involved in dealing and selling 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 dealing or selling controlled substances, the court shall deny the defendant’s admission into the pretrial intervention program.
(b) While enrolled in a pretrial intervention program authorized by this section, 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.
(2)(a) A veteran or a servicemember, as defined in s. 394.47891(2)(d) or (c), respectively, who is otherwise qualified to participate in a veterans treatment court program under s. 394.47891, and is charged with a misdemeanor is eligible for admission into a misdemeanor veterans treatment court program, for a period based on the program’s requirements and the treatment plan for the offender, pursuant to the requirements of s. 394.47891(4) and (8).
(b) While enrolled in a pretrial intervention program authorized by this section, 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 veterans and servicemembers. 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 misdemeanor pretrial veterans’ treatment intervention program or other pretrial intervention program. Any person whose charges are dismissed after successful completion of the misdemeanor pretrial veterans’ treatment intervention program, if otherwise eligible, may have his or her arrest record of the dismissed charges expunged under s. 943.0585.
(3) A defendant who is charged with a misdemeanor and identified as having a mental illness is eligible for voluntary admission into a misdemeanor pretrial mental health court program established pursuant to s. 394.47892, 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.
(4) 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 successfully completed the pretrial intervention program. Notwithstanding the coordinated strategy developed by a drug court team pursuant to s. 397.334(4) or by the veterans’ treatment intervention team, 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 or return the charges to the criminal docket for prosecution. The court shall dismiss the charges upon finding that the defendant has successfully completed the pretrial intervention program.
(5) Any public or private entity providing a pretrial substance abuse education and treatment program or mental health court program under this section shall contract with the county or appropriate governmental entity. The terms of the contract shall include, but not be limited to, the requirements established for private entities under s. 948.15(3). This requirement does not apply to services provided by the Department of Veterans’ Affairs or the United States Department of Veterans Affairs.
...ss of substance abuse treatment. Should the drug court determine that an individual has not successfully completed the drug treatment program, the court can either extend the treatment or return the individual to the criminal docket for prosecution. § 948.16, Fla....
...statutory maximum of $60.00. As the state concedes error on all points, the sentence is reversed and remanded. First, the trial court is instructed to reduce the sentence to six months probation — the maximum probationary sentence for petit theft. § 948.16(1), Fla.Stat....
...circumstances to be precluded here.
319 So. 3d at 171.
Determining that prohibition relief is available here, we next determine
whether the trial court exceeded its case jurisdiction. Three statutes are
material to this analysis: sections 948.08(7)(a), 948.16(2)(a), and
394.47891(4) and (8), Florida Statutes (2021).
Section 948.08 discusses different pretrial intervention programs,
including the veterans treatment court programs for persons charged with
qualifying felonies....
... 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).
§ 948.08(7)(a), Fla. Stat. (2021) (emphasis added).
Section 948.16 discusses different misdemeanor pretrial intervention
programs, including the misdemeanor veterans treatment court program.
Section 948.16(2)(a) provides:
A veteran or a servicemember, as defined in s....
...394.47891, and
is charged with a misdemeanor is eligible for admission into a
misdemeanor veterans treatment court program, for a period
based on the program’s requirements and the treatment plan
for the offender, pursuant to the requirements of s.
394.47891(4) and (8).
§ 948.16(2)(a), Fla....
...power to determine which defendants charged by the state attorney are
eligible for [the program].” State v. Leukel, 979 So. 2d 292, 295 (Fla. 5th
DCA 2008). Additionally, we agree with the state that if Mancuso
successfully completes veterans court, sections 948.16(4) and
948.08(7)(c), Florida Statutes (2021), require that his criminal case be
dismissed.
Finally, the lower court’s failure to comply with sections 394.47891(4)
and (8)(a) constituted a clear departure from the essential requirements of
the law....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
