02-10-S: SUPERSEDES 97-32-S, TRAFFIC CHILD RESTRAINT SAFETY PROGRAM SEMINOLE COUNTY - ORDERED 1/31/2002 BY BRUCE W. JACOBUS
WHEREAS, Florida Statute Section 316.613 establishes child restraint requirements; and WHEREAS, Florida Statute Section 316.613, paragraph (5) permits the violator to elect, with the court’s approval, to participate in a child restraint safety program approved by the chief judge; and WHEREAS, Florida Statute Section 316.613 provides that upon completion of a child restraint safety program, the penalty specified in chapter 318, Florida Statutes and associated costs may be waived, and the assessment of points shall be waived; it is thereupon ORDERED AS FOLLOWS:
- The chief judge approves Child Restraint Safety Programs approved by the Department of Highway Safety and Motor Vehicles.
- That all first-time offenders who are cited with a violation of Section 316.613, Florida Statutes may, in lieu of the requirements of Section 316.618 Florida Statutes, elect to attend a Child Restraint Safety Program approved by the Department of Highway Safety and Motor Vehicles. Upon making the election to attend a Child Restraint Safety Program, the violator must sign and file an Affidavit provided to the violator by the Clerk of Court.
- Upon completion of the program, the violator must provide proof of attendance to the Clerk of Court. The violator will have adjudication withheld, no points assessed, and the statutory civil penalty will be waived. The violator will pay court costs of $20.00. The violator must make the election to attend the course within thirty (30) days of receiving the citation and he/she must complete the course within ninety (90) days of making that election.
- Upon the expiration of the ninety (90) day period set forth above, the Clerk of the Court shall:
- Docket the certification that the violator has completed the Child Restraint Safety Program, or
- In the event that proof of attendance has not been received, the violator’s license shall be suspended and the full fine amount shall be due. The clerk will clear such suspension from the person’s record if proof of successful completion of the Child Restraint Safety Program is received or pursuant to a court order.
DONE AND ORDERED this 31st day of January 2002, Nunc pro tunc to January 2, 2002.