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General Order B -78 Page 1 of 3 Adult Pre -Arrest Diversion Program TEMPLE TERRACE POLICE DEPARTMENT GENERAL ORDER EFFECTIVE DATE : 02/05/2018 FILE INDEX NO. : B-78 SUBJECT: ADULT PRE-ARREST DIVERSION PROGRAM (APAD ) INDEX AS: SAME AS ABOVE RESCINDS: REVISES: DATE REVISED: 05/23/2025 DISTRI BUTION : ALL MEMBERS I. PURPOSE: The purpose of this general order is to define the guidelines for the Adult Pre -Arrest Diversion Program (APAD) . II. SCOPE: All members III. DISCUSSION: The Temple Terrace Police Department , the State Attorney’s Office, the Clerk of the Circuit Court, and the Public Defender’s Office have agreed to establish an Adult Pre -Arrest Diversion Program for eligible adult participants who commit misdemeanor offenses. Upon successful completion of the program, the participant will have no arrest record, unlike other forms of misdemeanor diversion. Successful completion of the program requires the participant to have taken responsibility for his/her actions and to have completed all program requirements. IV. DEFINITIONS: A. Adult Pre -Arrest Divers ion Program (APAD) – A diversion program that offers eligible criminal participants an opportunity to avoid an arrest record for arrests associated with certain identified misdemeanor offenses. B. Eligible Participant – An adult arrestee who agrees to partic ipate in the program; admits to the offense; has no prior DUI, misdemeanor, or felony convictions (a withhold of adjudication is considered a conviction for the purposes of this program); has not been previously arrested for any felony offense; has not bee n arrested for any misdemeanor offense in the past two years (regardless of the case disposition ); and has not participated in the APAD within the past two years, or more than twice in their lifetime. Prior traffic -related convictions (other than DUI) or juvenile convi ctions will not be a disqualifier. The steps to determine eligibility are outlined below in Section V(C). C. Misdemeanor Eligibility – The APAD is available for all misdemeanor offenses in Florida State Statutes and City of Temple Terrace Ordinan ces, except the following: 1. Assault on a Specified Official (§784.07. §784.074, §784.08 -784.083) General Order B -78 Page 2 of 3 Adult Pre -Arrest Diversion Program 2. Battery (Domestic Violence only) (§784.03 and §741.28) 3. Carrying a Concealed Weapon (§790.01) 4. Driving Under the Influence (§316.193) 5. Exposure of Sexual Organs ( §800.03) 6. Failure to Ensure School Attendance (§1003.27) 7. Improper Exhibition of Dangerous Weapons or Firearms (§790.10) 8. Lewd and Lascivious Acts (§800.02) 9. Stalking or Cyberstalking (§784.048) 10. Traffic Offenses (§316; §320; §322) 11. Violation of an Injunction (§ 741.30, §741.31, §784.047, §784.0485) 12. Voyeurism and Video Voyeurism (§810.14, §810.145) a) Eligibility for the following misdemeanor offenses is optional based on the totality of the circumstances and the officer’s discretion: 1) Disorderly Intoxication (§856 .011) 2) False I nformation to Law Enforcement (§837.05, §837.055) 3) Loitering or Prowling (§856.021) 4) Misuse of 911 (§365.172) 5) Resisting an Officer without Violence (§843.02) D. Multiple Charges —If the individual is being charged with more than one offense, he/she may still be eligible to participate in the program if the offenses took place in a single event. However, if the offenses stem from more than one isolat ed incident, he/she is not eligible for the program. E. Out of County/Out of State – If the individual l ives outside Hillsborou gh County or out of state, he/she will still qua lify for the APAD, provided he/she meet s all other requirements. V. PROCEDURE: A. An officer investigating a misdemeanor offense committed by an adult, not including an above - listed exceptio n, shall evaluate all the circumstances involved in the incident and release the subject without filing crimin al charges upon determining if he/she qualifies as an eligible participant for the APAD. If, based on the circumstances, the officer determines th at the APAD will not be used for an otherwise eligible individual, the circumstances shall be approved by a supervisor and documented in the Criminal Repo rt Affidavit and in the offense report. B. An officer may refer an adult who has committed a mi sdemeanor offense to the APAD, provided all the following criteria are met: 1. The offense must be a violation of the law in wh ich the officer could affect an immediate arrest. 2. The subject qualifies as an eligible participant. 3. The subject has an attitude conducive to diversion/rehabilitation . C. The officer shall verify eligibility by contacting communications and requesting a criminal history check. Suppose the subject is still eligible after the criminal history check. In that case, public safety telecommunications will run