This Article analyzes the strengths and weaknesses of four of Florida’s DUI diversion programs and promotes statutory changes to avoid treating repeat offenders as first-time offenders after subsequent violations. The Author begins by categorizing DUI diversion programs into two general types: statutory and non-statutory (de facto). The Author then focuses on Florida’s four largest DUI diversion programs, all of which are de facto programs. The Author moves into a brief discussion of five statutory diversion programs from other states. Finally, the Author compares Florida’s four de facto diversion programs with those five out-of-state statutory diversion programs.
The Author advocates that Florida should enact a uniform, statewide DUI diversion program that allows judges to consider whether an offender has previously had a DUI charge dropped to a lesser offense or had adjudication withheld entirely by way of a diversion program. A statewide program, according to the Author, would increase revenue to the State and decrease the probability of repeat offenders dodging increased penalties and supervision. The Author also argues that a statewide program would better align with a proper legislative process than the diversion programs unilaterally created and directed by state attorneys, who are quasi-judicial officers applying executive branch power. Finally, the Author concludes with a brief discussion of the most appropriate means to pursue this change in Florida law.