Administrative Order Viewer

In the Circuit Court of the Twelfth Judicial Circuit
In and for Desoto, Manatee and Sarasota Counties, Florida

Administrative Order No.: 2024–09.3

(Supersedes 97–07–3, 2010–15.3 and 2014–13.3)

Twelfth Judicial Circuit Court Administrative Order 97-07-3 established and approved a pretrial substance abuse education and treatment program in the Twelfth Judicial Circuit, pursuant to Fla. R. Gen. Prac. & Jud. Admin 2.050 and § 948.08, Florida Statutes. Administrative Order 97-07-3 has been amended by Administrative Orders 2010-15.3 and 2014-13.3. Since the entry of the above Administrative Orders, the statute has changed, necessitating a new administrative order.

Therefore, pursuant to the authority vested in the Chief Judge pursuant to Fla. R. Gen. Prac. & Jud. Admin. 2.215(b) and §§ 948.08 & 397.334, Florida Statutes, and under the guidance of the Best Practices for Florida Drug Courts authorized by the Office of the State Courts Administrator, the Chief Judge hereby creates a treatment-based Drug Court program, as specified below.

1. Drug Court is divided into Three Levels, referred to as follows:
   • Level One:
     “Drug Court Level One;” “Drug Court PTI;” or “PTI”
   • Level Two:
     “Drug Court Level Two;” or “Sentence Defer”
   • Level Three:
     “Drug Court Level Three;” or “Post-Sentence”
2. Program requirements common to all three levels:
   1. The Defendant shall be informed of all options and program rules and shall agree to participate in the program voluntarily.
   2. The Defendant shall be subject to a coordinated strategy of care as developed and recommended by the Drug Court team, pursuant to §397.334(4), Fla. Stat.
3. Criteria for eligibility common to all three levels:
   1. The Defendant will review all contract materials and program requirements with an attorney to ensure the Defendant is making an informed and voluntary decision to enter the program.
   2. The Defendant may not have any charged or uncharged offenses connected to the sale of drugs.
   3. The Defendant will be given a screening tool to determine clinical eligibility for the level of care.
4. Admission procedures common to all three levels:
   1. The State, the judge, or defense attorney may identify a client who is potentially eligible for any given level of Drug Court.
   2. If the Defendant is interested, he or she shall be given the screening tool to complete with assistance from the treatment staff.
   3. The attorney shall check with the designated representative regarding the results of the screening tool to ensure the Defendant is clinically acceptable for the applicable Drug Court level.
   4. If the Defendant is acceptable clinically, the defense attorney shall contact the State Attorney to determine whether there is an objection to entry into the program.
   5. If there is no objection, the Defendant shall attend the next Drug Court session to observe.
   6. At the end of the court observation session, the Defendant will be introduced to the judge, transferred into the program, and given an intake date with the clinical staff.
   7. If there is an objection from the State, the defense attorney shall set an entry hearing with the Division P judge.
5. Post-admission procedures common to all three levels:
   1. Following the Defendant’s court observation and transfer into the program, the Defendant shall appear in court the following week to determine if he or she will continue in the program.
   2. If the Defendant wishes to remain, he or she will follow the clinical program set forth for a period of four (4) weeks.
   3. After four (4) weeks, the Defendant shall enter a plea to the Division P judge, subject to withdrawal after successful completion of the treatment plan. Pleas into the program shall not be taken by line judges.
   4. The Defendant shall follow all rules set forth in the contract and direction of the Drug Court staff, including random drug testing.
   5. Failure to comply may result in graduated sanctions, including placement in a substance abuse treatment facility and/or incarceration within the time limits set forth in contempt of court. Multiple failures may result in dismissal from the program.
   6. The monthly court reporting may count as the Defendant’s face-to-face meeting, at the probation officer’s discretion, after the initial DOC intake.
6. Level One specific requirements, criteria for eligibility, admissions, and post-admission procedures
   1. Level One shall last for a period of six (6) months, with a monthly review.
   2. At the end of ninety (90) days, a member of the treatment team will make a recommendation as to whether the Defendant should be permitted to continue in the Level One/PTI program.
      1. If the recommendation is to continue, the Defendant will graduate from the program upon completion of a satisfactory additional ninety (90) day period.
      2. If the recommendation is not to continue in Level One, a hearing will be held with the Defendant, the State, the judge, and the treatment staff to determine whether the case should be transferred back to the division for continued prosecution, or the Defendant should be permitted to remain in the Level One/PTI program, or if a higher level of care is necessary and appropriate.
   3. Additional Criterion for Eligibility for Level One/PTI
      1. Any first offender, or any person previously convicted of not more than one (1) non-violent misdemeanor who is charged with a felony of the third degree shall be permitted entry into Drug Court PTI, pursuant to §948.08(2), Fla. Stat.
   4. The Department of Corrections will supervise the pretrial intervention, pursuant to §948.08(1), Fla. Stat.
7. Level Two specific requirements, criteria for eligibility, admissions, and post-admission procedures
   1. Level Two provides Defendants who may not meet the strict criteria of §948.08(2), Fla. Stat., but who do not have substantial criminal histories, with expanded pre-trial opportunities to avoid criminal convictions.
   2. Level Two shall last for a period of one (1) year.
   3. Additional Criterion for Eligibility for Level Two/Sentence Deferment:

      In accordance with best practices, a risk group will be selected for participation (i.e., High Risk/High Need) to best provide services for the Defendant.

   4. The Department of Corrections will supervise the Level Two defendants, pursuant to §948.08(1), Fla. Stat.
8. Level Three specific requirements, criteria for eligibility, admissions, and post-admission procedures
   1. Level Three provides an opportunity for treatment to Defendants who have criminal histories supported by substance abuse. This includes repeat offenders, Defendants who have violated probation through drug use, and those who have documented contacts with law enforcement through overdose calls.
   2. Level Three is intended to increase community safety by identifying and treating the “high risk/high need” populations through coordinated court-supervised treatment and support services, pursuant to §§ 948.06(j), (a-f), (k) and 948.20, Fla. Stat.
   3. The Court will achieve the Level Three goals pursuant to the criteria set forth in §397.334(3)(a-b) & (4)(a-j), Fla. Stat.
   4. Level Three shall last for a period of one (1) year.
   5. Additional Criteria for Eligibility for Level Three/Post-Sentence
      1. The Defendant’s eligibility must be assessed by the sentencing judge for criminal history, substance abuse screening outcome, amenability to participate with program requirements, total sentence points, and the recommendation of the State Attorney and any victims, as well as the Defendant’s agreement to abide by the program rules and regulations as set forth in §397.334(3)(b), Fla. Stat.
      2. In accordance with best practices, a risk group will be selected for participation (i.e., High Risk/High Need) to best provide services for the Defendant.
   6. Additional Admission Procedures for Level Three/Post Sentence
      1. The State Attorney shall consider the following when determining whether to object to a Defendant’s entry into the program:
         1. The Defendant’s criminal history.
         2. Input from witnesses or victims.
         3. Amount of restitution owed, if any.
         4. Clinical recommendation of the staff as to whether the Defendant is appropriate for outpatient services or if a higher level of care is needed.
            1. Pursuant to §397.334(5), Fla. Stat., placement in a substance abuse treatment program offered by a licenses service provider or a jail-based treatment program is a sanction. If it is found that the Defendant needs a higher level of care than outpatient treatment, the Defendant shall be staffed to determine whether he or she is truly clinically acceptable to the program.
            2. Pursuant to §397.334(5), Fla. Stat., periods of incarceration may not exceed those as set forth under contempt of court. If a pre-sentence is contemplated by the State, the Defendant shall be staffed to determine whether he or she is truly appropriate for program entry.
   7. The Department of Corrections will supervise the offender pursuant to §948.20, Fla. Stat.
   8. All violations will be heard before the presiding program judge, pursuant to §397.334(3)(b).
9. Administrative Orders 97-07.3, 2010-15.3, and 2014-13.3 are superseded by this Administrative Order.
10. This order is effective immediately.

Done and ordered in Bradenton, Manatee County, this 28^th day of March, 2024.

Diana L. Moreland, Chief Judge
Twelfth Judicial Circuit State of Florida