The Felony Pre-Trial Intervention (PTI) program (updated in April of 2023) is a diversion program operated by the Florida Department of Corrections. The purpose of the PTI program is to afford first time felony offenders the opportunity to avoid the stigma of a criminal conviction by diverting their case from the trial court process. Defendants charged with a qualifying third-degree felony may be approved for this program.
The Felony PTI program is similar to being on probation. Upon successful completion of the yearlong PTI program, the charge(s) will be dismissed. Successful completion of the program will require making full restitution to the victim, if applicable, in addition to other conditions. It is highly recommended that defendants speak with their attorney regarding the benefits of entering this program as opposed to continuing through the court process.
The taking of depositions or hearing substantive motions will disqualify a defendant from PTI consideration.
An attorney seeking PTI on behalf of a defendant must apply within forty-five (45) days from the date of arraignment. The documents necessary to apply are listed below. For consideration, all documents must be completed and emailed to the State Attorney’s Office (SAO) at FelonyPTI@sao17.state.fl.us within these forty-five (45) days. Once received, the SAO will review and process the application to determine if the defendant qualifies for the program. The entire process may take from 30 to 90 days from the date the application is received at the SAO.
Applicants who meet PTI requirements, applied promptly, and are subsequently supervised within the state of Florida by the Florida Department of Corrections are generally not required to enter a plea of guilty to the charges to participate in PTI. However, should you reside out of state during the period of supervision, if you are not a bona-fide resident of the State of Florida, if you apply after the 45 day time period or if there are extenuating circumstances related to the facts and charges, you must plead guilty to the charges and have your sentencing deferred for a period of one year. Your supervision will be subject to the Interstate Compact for Adult Offender Supervision. Per the Florida Department of Corrections, only offenders who enter a plea of guilty and waive the right to a trial if they fail to successfully complete the program are permitted into the program if they do not reside in Florida. Upon successful completion of the program, as determined by the State Attorney’s Office, the State will agree to allow you to withdraw your previously entered plea of guilty and the case will be dismissed. Should you fail to successfully complete the program, as determined by the State Attorney’s Office, you will not be allowed to withdraw your plea of guilty and you will be sentenced by the court.
An application received after the forty-five (45) day requirement will require a waiver letter from the State Attorney’s Office. To obtain this waiver, the attorney for the defendant must email a request explaining good cause for the delay. Correspondence should be directed to FelonyPTI@sao17.state.fl.us.
Pre-Trial Intervention Guidelines
Offenses Excluded
Please note that not all third-degree felony offenses are eligible for PTI. Non-qualifying offenses will be reviewed on a case-by-case basis. Offenses against government entities will be reviewed on a case-by-case basis and acceptance will be solely at the discretion of the State Attorney’s Office.
Below are some examples of charges not eligible for the PTI program:
| • Felony of the second degree or higher | • Any weapons charges |
| • Any type of violent crime | • Aggravated Assault |
| • Robbery | • Attempted Residential Burglary |
| • Child abuse or neglect | • Fleeing/Eluding |
| • DWLS, DUI, Leave Scene of Accident | • Crimes indicative of an organized scheme to defraud |
| • Offenses involving vending, forging or counterfeiting private labels | • Possession of anti-shoplifting control device |
| • Restitution owed over $5,000 |
A completed application to the felony PTI program must include the following original documents:
Sub-Sections [click here for a Complete Application Packet of the below required documents]
- PTI Document Checklist
- Waiver of Rights, signed and notarized
- Copy of Probable Cause Affidavit
- Copy of Information
- Felony PTI Initial Data Sheet
- PTI Interview Worksheet, signed and notarized
These complete signed and notarized documents should be e-mailed to FelonyPTI@sao17.state.fl.us
If accepted, original sworn documents must be provided to the Department of Corrections at the time of the first appointment.
All PTI inquiries should be directed to FelonyPTI@sao17.state.fl.us or by calling 954-831-6371.
After you are accepted into the program, you will receive a Deferred Prosecution Agreement that has been filled out by the State Attorney’s Office, see example here.
