Tag Archives: Florida.

Florida Misdemeanor Pretrial Diversion Program

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Florida Misdemeanor Pretrial Diversion Program

Florida Misdemeanor Pretrial Diversion Program – The Florida Legislature has long recognized the need to identify and divert some offenders to specialized programs. Florida Statutes created a cooperative effort between the State Attorney’s Office and selected agencies to divert appropriate first-time offenders to these programs.

One such program is the Misdemeanor Pretrial Diversion Program (PDP), which offers qualified misdemeanor offenders an alternative to formal criminal prosecution. Each participant signs a contract with the State of Florida which waives their right to a speedy trial, and in which they agree to comply with the program requirements and perform specific sanctions. Participants are normally supervised six (6) months to twelve (12) months depending upon the offense. In return for successful completion of the program and listed sanctions, the State agrees to drop the participant’s criminal charges in that specific case, which enables them to avoid a conviction and ultimately a criminal record. All referrals to Misdemeanor PDP must originate with a recommendation by the Florida Office of the State Attorney.

The program requirements include the payment of all applicable program fees and costs of prosecution.

  • Payment of program fees of:
    $360.00 – 6 months or less
    $560.00 – 9 months
    $720.00 – 12 months
    (NOTE: PRETRIAL DIVERSION IS A VOLUNTARY PROGRAM, FUNDED ENTIRELY BY THE FEES PAID BY THE PARTICIPANTS. THEREFORE, FEES ARE NOT ELIGIBLE FOR REDUCTION OR WAIVER.)
  • Payment of $50.00 cost of prosecution fee

Additional sanctions appropriate to each offense or to address the needs of the individual participant may include, but are not limited to:

  • Payment of restitution to the victims in the case (if any)
  • No contact or un-consented contact with victim, if deemed necessary
  • Payment of cost of investigation fees to the law enforcement agency (if any)
  • Regular (at least monthly) contact with a Criminal Justice Officer
  • Community service hours at an approved agency (minimum of 32 hours with insurance fee paid by participant)
  • Psychological or Psychiatric evaluation and any treatment recommended, at participant’s own expense
  • Alcohol and/or substance abuse evaluation and any treatment recommended, at the participant’s own expense
  • AA or NA meeting attendance, if deemed appropriate
  • Random Drug/Alcohol testing, at the participant’s own expense
  • Educational classes such as:
    • 26 week Batterers Intervention Program (domestic violence cases)
    • Anger Management
    • Parenting and Child Rearing Skills
    • Retail Theft
    • Life Skills
    • Adult Education/GED
    • Victim Awareness Program
    • HIV Awareness Program

In addition to the PDP program outlined above, the Office of the State Attorney also has a WORTHLESS CHECK DIVERSION PROGRAM. That program has an administrator and provides an opportunity for first-time worthless check offenders to avoid formal court proceedings by paying restitution to the victims, including service charges and administrative fees, and completing a Financial Responsibility Class. Once all sanctions are successfully completed, the criminal worthless check charges are dropped.

 

 

 

 

 

 

 

courtesy page: http://sa18.org/page/misdemeanor-diversion.html

What is Florida SR22s insurance? How to get it cheap

What is Florida SR22s insurance? How to get it cheap?

What is Florida insurance? How to get it cheap

What is Florida insurance? How to get it cheap – Most people who have never had a run in with the law when it comes to traffic law violation probably have no idea of the nature of a. A is a document draw up by an insurance company as an assurance to any interested parties, (for instance; courts, other parties’ auto insurance companies and department of motor vehicles in any state), that the carrier of the document is financially capable of meeting any liabilities that may arise in the event of an auto accident in which they are victims.

What is a court ordered FR2 in Florida

What is a court ordered FR2 in Florida

What is a court ordered FR2 in Florida ?

What is a court ordered FR2 in Florida – The No-Fault Law (S. 627.733, 627.734, and 627.736(9)(a), F.S.) requires proof of Personal Injury Protection (PIP) and Property Damage Liability (PDL) coverage continuously throughout a current vehicle registration period in the following amounts: $10,000 (PIP) for personal injury protection per occurrence $10,000 (PDL) for damage of property of others per occurrence.

If you are cited by law enforcement for failure to show proof of no-fault coverage and the court suspends your driver license, a Financial Responsibility suspension will be applied to your driver license record. Since the court has afforded due notice and opportunity to be heard, the suspension is effective immediately.

This type of suspension affects your driver license and any plates/registrations in your name. If your license is suspended or revoked, we urge you not to drive to or from our office, as you may be ticketed or arrested by law enforcement if caught driving. (There are no exceptions or allowances in Florida Statutes [the law] that would allow a person to drive to a tax collector or driver license office on a suspended or revoked license.)

 This suspension remains in effect for two years from the original suspension date or until you comply with the following reinstatement requirements:

You did not have PIP and PDL coverage on the offense date

You must carry PIP coverage and PDL coverage certified by an original “non-cancellable” pink SR-22 form for two years from the original suspension date. The SR-22 must be stamped with the statement “SIX MONTHS NON-CANCELLABLE“. (The SR-22 form is purchased from an automobile insurance company and can be electronically submitted.) Copies of the SR-22 form will not be accepted, nor will insurance cards or policies in this case. (If you are within 60 days of the end of your suspension period or if you are a non-Florida resident, you may be exempt from the SR-22 requirement.

Ask an associate for details.) Pay the reinstatement fee based on previous suspensions, provided no other issues are on file making your record otherwise ineligible for reinstatement. This fee is in addition to any other fees due for other suspensions cleared at the same time.

$156.25 (1st suspension)

$256.25 (2nd suspension within 3 years from 1st reinstatement date)  

$506.25 (3rd suspension within 3 years from 1st reinstatement date)

Your original pink SR-22 will be scanned and subject to verification.

You had PIP and PDL coverage on the offense date, present proof of PIP and PDL in effect on the offense date.

The proof of insurance may be a card, policy or binder, provided it lists PIP and PDL coverage. If the insurance was already submitted and was denied, a letter on letterhead from the insurance company must be presented and must include: insurer name, policy #, policy period, vehicle(s) insured, coverage (including BIL and PDL) and covered drivers. Or, insurance for another policy/company must be presented that was in effect on the offense date.

Pay the reinstatement fee of $6.25, provided no other issues are on file making your record otherwise ineligible for reinstatement. This fee is in addition to any other fees due for other suspensions cleared at the same time. Your proof of insurance will be scanned and subject to verification.

You opt to turn in the plate for the uninsured vehicle

If you do not want to purchase an SR-22 and you cannot prove that you were insured on the offense date, you can surrender the plate for the vehicle that was uninsured and operated at the time of the offense (subject to verification).

Important Note: If you choose this option and you want to re-register the vehicle within 2 years from the date of the offense, you will be required to show an SR-22 at that time. Pay the reinstatement fee based on previous suspensions, provided no other issues are on file making your record otherwise ineligible for reinstatement. This fee is in addition to any other fees due for other suspensions cleared at the same time.

$156.25 (1st suspension)

$256.25 (2nd suspension within 3 years from 1st reinstatement date)

$506.25 (3rd suspension within 3 years from 1st reinstatement date)

You no longer own the vehicle or it was disposed of

If you do not want to purchase an SR-22 and you cannot prove that you were insured on the offense date, you can verbally certify that you no longer own the vehicle for which you received the citation (subject to verification). Pay the reinstatement fee based on previous suspensions, provided no other issues are on file making your record otherwise ineligible for reinstatement. This fee is in addition to any other fees due for other suspensions cleared at the same time.

$156.25 (1st suspension)

$256.25 (2nd suspension within 3 years from 1st reinstatement date)

$506.25 (3rd suspension within 3 years from 1st reinstatement date)

Your original citation will be scanned and subject to verification.

You did not own the vehicle on the offense date

If you cannot prove that you were insured on the offense date, you can verbally certify that you did not own the vehicle on the offense date for which you received the citation (subject to verification). You must provide the original citation that specifies that you failed to provide proof of insurance to the law enforcement officer (subject to verification). Pay the reinstatement fee of $6.25.

Your license plate was expired on the offense date

If your license plate is still expired and you do not want to purchase an SR-22, you must provide the original citation that specifies that you failed to provide proof of insurance to the law enforcement officer (subject to verification). Pay the reinstatement fee based on previous suspensions, provided no other issues are on file making your record otherwise ineligible for reinstatement. This fee is in addition to any other fees due for other suspensions cleared at the same time.

$156.25 (1st suspension)

$256.25 (2nd suspension within 3 years from 1st reinstatement date)

$506.25 (3d suspension within 3 years from 1st reinstatement date)

Your original citation will be scanned and subject to verification.

You waited out the 2-year suspension period

Provided it has been 2 years + 1 day since the original suspension date, pay the reinstatement fee of $6.25, provided no other issues are on file making your record otherwise ineligible for reinstatement. This fee is in addition to any other fees due for suspensions cleared at the same time.

You were suspended in error

In rare cases, when an individual is exempt from the Florida No-Fault Law, a law enforcement officer may issue a citation in error or the court may request a suspension in error. When this occurs, our office must alert the Division of Motorist Services in Tallahassee of the error (subject to verification) and await their instruction. If the Division of Motorist Services authorizes the suspension clearance. a $6.25 reinstatement fee will be due. If they deny clearance, you will be required to comply with one of the options listed above in order to reinstate your driving privilege in Florida.   

 
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