Policy Text
Revisions or additions are highlighted 1 (11/29 /2023 ) ST. PETERSBURG POLICE DEPARTMENT
GENERAL ORDER
Subject: NOTICE TO APPEAR AND DIVERSION PROGRAMS
Index as: Adult Pre-Arrest Diversion (APAD) Juvenile Diversion
Alternative to Physical Arrest Notice to Appear
APAD Second Chance Program , Juvenile
Arrest Alternative
Accreditation Standards: 1.1.3, 1.2.6 , 1.2.7 , 44.2.1, 74.3.1
Cross Reference: G.O. III -01, Field Contacts
G.O. III -06, Juvenile Procedures
Administrative Order No. 2020 -019, Pinellas County Criminal Court – Amended Assignment
of Misdemeanor Notice to Appear and Ordinance Violations
City Code, Appendix A
Florida Ru le of Criminal Procedure 3.125;
Knowles v. Iowa , 525 U.S. 113 (1998)
Pinellas County Uniform Fine Schedule (for) Local County/City Ordinance Violations
Sections 901.15 and 316.193, Florida Statutes
Replaces : G.O. III -16, Notice to Appear ( March 12, 2019 )
This Order consists of the following sections:
I. Policy
II. Definitions
III. Issuing a Notice to Appear
IV. Adult Pre -Arrest Diversion Program (APAD)
I. POLICY
A. It is the policy of this Department to refer eligible persons to a diversion program, issue a Notice to Appear , or take
other actions provided by law in lieu of arrest to persons violating Municipal and County Ordinances and misdemeanor
violations of State law; however, in any case where it is believed the release of the offender would endanger the peace or
security of the community or the safety of the accused or another, the person may be taken into custody.
B. Barring circumstances or statutory requirements that would support a physical arrest:
1. Adult offenders will be screened for APAD eligibility.
2. A Notice to Appear will be issued to all adults who are charged with a misdemeanor or a violation of a
Municipal or County Ordinance and meet the criteria listed in this Order .
3. Misdemeanor traffic offenders should be issued a Uniform Traffic Citation in lieu of a physical arrest.
DATE OF
ISSUE EFFECTIVE DATE NUMBER
November 2023 Immediately III-16
Distribution: All Employees
General Order III -16
Revisions or additions are highlighted 2 (11/29/ 2023 ) 4. Juveniles may be eligible for the Juvenile Second Chance Program. As appropriate, in lieu of a physical arrest,
Officer s are encouraged to refer juveniles who meet eligibility requirements for diversion , keeping in mind the Department’s
policy to “use the least coercive process while conside ring alternatives to address both the immediate situation, as well as
the long -term effects of their decision, so as to preserve public safety and protect the health, welfare and constitutional
rights of the young person.” ( See G.O. III -06, Juvenile Procedures )
C. The “search incident to arrest” exception may authorize a warrantless search of an individual subject to a custodial
arrest . There is no “search incident to citation” exception to the warrant requirement. A “search incident to arrest” should
not occur after a decision has been made to i ssue a Notice to Appear in lieu of physical arrest. (See Knowles v. Iowa , 525
U.S. 113 (1998) .)
D. Section 901.29 , Florida Statute s, states: “Even though a notice to appear is issued, a law enforcement officer will
be authorized to take a person to a medical facility for such care as appropriate.”
E. A Notice to Appear should not be issued in situations which, according to current practices, would ordinarily be
handled by an oral warning and release.
II. DEFINITIONS
A. Adult Pre -Arrest Diversion Program (APAD) – A diversion program that allows a person who meets certain eligibility
requirements to avoid a criminal arrest record for certain offenses.
B. Juvenil e Second Chance Program – A program available to minors ages nine (9) to seventeen (17) years of age,
with no prior criminal history, who are charged with any non -firearm -related misdemeanor or other criminal charges
enumerated under program criteria. The primary objective is to redirect youths away from formal processing, within the
Juvenile Justice System while still holding them accountable for their actions and teaching them how to make better choices.
C. Notice to Appear (NTA) – A written order issued by a law enforcement Officer in lieu of physical arrest, requiring a
person accused of violating the law to appear in a designated court or governmental office at a specified date and time.
III. ISSUING A NOTICE TO APPEAR
A. When a Notice to Appear is issued, the Officer will utilize the most recent form titled “County Court, Pinellas County,
Florida, Notice to Appear/Ordinance Violation .”
1. The information on the form will be complete and accurate.
2. The narrative of t he offense will contain sufficient facts to show probable cause.
B. A Notice to Appear cannot be issued for violations not occurring in the Officer ’s presence, except those
misdemeanors specifically authorized by Fl orida Law. (See §§ 901.15 and