Prosecutorial discretion generally refers to the authority of a prosecuting officer or agency (United States Attorney or state District Attorney) to decide what if any criminal charges to bring against a person or persons, and what punishment or sentence to seek. Prosecutorial discretion may also be used by a police officer, for example, in deciding whether to issue a driver a speeding citation (ticket) or a warning.

Prosecutors generally have broad authority to make such decisions—subject to the right of the citizens to remove them from office, directly or indirectly, in the voting or election process.

In Florida, prosecutorial discretion is the power vested in prosecutors, such as State Attorneys or District Attorneys, to determine whether to charge an individual with a crime and what charges to file. This discretion extends to decisions about plea bargains, the severity of charges, and the resources allocated to each case. Prosecutors may also recommend sentences to the court. While this discretion is broad, it is not absolute and is subject to legal and ethical constraints. For instance, prosecutors cannot base their decisions on discriminatory factors or personal interests. Additionally, the public holds the power to hold prosecutors accountable through the electoral process, as they are elected officials in the state of Florida. Police officers also exercise a form of prosecutorial discretion when deciding whether to issue a citation or warning for minor offenses such as traffic violations. The exercise of this discretion must align with the principles of justice and the fair application of the law.