RE: CHILD RESTRAINT SAFETY PROGRAM
Pursuant to Section 316.613, Fla. Statutes (1997), any person who violates the child restraint requirements law may elect to, with the Court's approval, participate in a child restraint program approved by the Chief Judge of the Circuit; and
The child restraint safety program must use a course approved by the Department of Children and Family Services; and
The Pinellas County Chapter, National Safety Council's Child Passenger Restraint Program Curriculum has been so approved by the Department of Children and Family Services, it is therefore
1. The 3-hour Child Passenger Restraint Program Curriculum of the Pinellas County Chapter, National Safety Council is hereby approved.
2. The National Safety Council shall:
a. provide an educational program for offenders of Florida's child restraint law, §316.613, Florida Statutes (1997) and other members of the public desiring to attend a child passenger restraint course.
b. maintain appropriate records of attendance and registration, and report to the Clerk of the Circuit Court the names of those offenders of §316.613, Florida Statutes , who have completed the course.
c. provide reports and other records at the request of the Chief Judge and/or the Pinellas County Court Administrative Judge.
d. comply with the Americans With Disabilities Act of 1990, 42 USC, §12101, et seq.
2. The Court may, in its sound discretion, order the attendance of any individual found to have violated the provisions of §316.613, Florida Statutes (1997), at the Child Passenger Restraint Program course.
3. An individual charged with violation of the provisions of §316.613, Florida Statutes (1997) may elect to plead nolo contendre and attend the Child Passenger Restraint Program under the following conditions:
a. The citation was issued under circumstances not arising out of an accident involving death or bodily injury; and
b. The alleged offender has not previously been cited with a violation of §316.613, Florida Statutes (1997).
4. The Clerk of the Circuit Court shall upon request of a person alleged to have violated the provisions of §316.613 (1997), provide to the violator a copy of the plea election attached hereto as Exhibit A and upon completion of the plea election and payment of court costs in the amount of twenty dollars ($20.00), shall docket the cause as guilty, adjudication withheld.
5. Upon the expiration of sixty (60) calendar days of the date of the plea election, the Clerk of the Circuit Court shall:
a. docket the certification from the National Safety Council or the violator that the offender has completed the Child Passenger Restraint Program, or
b. docket the cause as guilty and notify the violator that the full fine amount is due if the proof of attendance has not been received.
6. The fee structure for the program shall be approved by the Chief Judge and/or the Pinellas County Court Administrative Judge after consultation with the National Safety Council. The court may require whatever records, reports or audits that are necessary in order to make an informed decision regarding the fee structure.
Pinellas Administrative Orders 93-2 and PI-CTY-97-2 are hereby rescinded.
DONE AND ORDERED in Chambers at St. Petersburg, Pinellas County, Florida, this 7th day of April, 1998.
Susan F. Schaeffer, Chief Judge
I, ______________________________________________, assert under penalty of perjury that:
Name of Alleged Offender,
1. I have been charged with violation of the provisions of §316.613 Florida Statutes (1997), Florida's Child Restraint Safety Program Law.
2. This citation was not issued in conjunction with an accident involving death or bodily injury.
3. I have never been charged with a violation of §316.613, Florida Statutes (1997).
4. I wish to plead nolo contendre and have adjudication withheld in exchange for my successful completion of the Child Passenger Restraint Program offered in Pinellas County.
5. I agree to pay the required course registration fee, to attend the course and to provide to the Clerk of the Circuit Court proof of my completion of the course within sixty (60) calendar days of the date of this election.
6. If I fail to complete the course and present proof of my completion as provided in paragraph five above, I understand that:
a. adjudication of guilt shall be imposed, and
b. points shall be assessed against my license, and
c. the full amount of the fine shall be immediately due, plus delinquency and reinstatement fees, and
d. my driving privilege will be suspended.
DATED this ___ day of _________________, 199__.