Florida Senate - 2009                                    SB 1388
       
       
       
       By Senator Bennett
       
       
       
       
       21-00785A-09                                          20091388__
    1                        A bill to be entitled                      
    2         An act relating to the Point-of-Purchase Messaging
    3         About Alcohol and Pregnancy Act; creating s. 562.063,
    4         F.S.; creating the “Point-of-Purchase Messaging About
    5         Alcohol and Pregnancy Act”; providing legislative
    6         findings; providing a definition; requiring certain
    7         warning signs to be displayed in specific ways on the
    8         premises of alcoholic beverage vendors and
    9         manufacturers; requiring the Division of Alcoholic
   10         Beverages and Tobacco of the Department of Business
   11         and Professional Regulation to produce and distribute
   12         the signs; providing for a fee to cover the costs of
   13         manufacturing and distributing the signs; providing
   14         penalties; providing an effective date.
   15         
   16         WHEREAS, the Centers for Disease Control and Prevention has
   17  reported an increase in the rate of Fetal Alcohol Syndrome to
   18  the current rate of 26.8 infants with Fetal Alcohol Syndrome for
   19  every 10,000 births, and each of these infants represents a cost
   20  to society of more than $4 million over the course of the
   21  infant's lifetime, and
   22         WHEREAS, the full spectrum of birth defects caused by
   23  alcohol, referred to as fetal alcohol spectrum disorders,
   24  results in as many as 270 infants with fetal alcohol spectrum
   25  disorders for every 10,000 births, and
   26         WHEREAS, fetal alcohol spectrum disorders are the leading
   27  known cause of mental retardation in the United States, and
   28         WHEREAS, according to the 1996 Report to Congress of the
   29  Institute of Medicine, of all the substances of abuse, including
   30  heroin, cocaine, and marijuana, alcohol produces by far the most
   31  serious neurobehavioral effects in the fetus, resulting in
   32  permanent disorders of memory function, impulse control, and
   33  judgment, and
   34         WHEREAS, the estimated annual cost to the state as a result
   35  of fetal alcohol spectrum disorders, including the costs to the
   36  juvenile justice system and the costs related to special
   37  education, is $432,045,575, and
   38         WHEREAS, according to the National Institutes of Health
   39  only 39 percent of women of childbearing age know about fetal
   40  alcohol spectrum disorders, and
   41         WHEREAS, there are no health warnings about fetal alcohol
   42  spectrum disorders in television commercials and other alcohol
   43  advertising that impact the majority of young people and their
   44  parents, and
   45         WHEREAS, the Legislature, in recognition of these facts,
   46  finds it necessary to require all alcoholic beverage licensees
   47  who sell or dispense alcoholic beverages for consumption on or
   48  off the premises in this state to prominently display signs
   49  warning of the danger of birth defects that may be caused as a
   50  result of the consumption of alcohol during pregnancy, NOW,
   51  THEREFORE,
   52         
   53  Be It Enacted by the Legislature of the State of Florida:
   54         
   55         Section 1. Section 562.063, Florida Statutes, is created to
   56  read:
   57         562.063 Fetal Alcohol Syndrome and other fetal alcohol
   58  spectrum disorders; legislative findings; definition; warning
   59  signs; posting requirement; penalty.—
   60         (1) This section may be cited as the “Point-of-Purchase
   61  Messaging About Alcohol and Pregnancy Act.”
   62         (2) The Legislature finds that:
   63         (a)Fetal Alcohol Syndrome and other fetal alcohol spectrum
   64  disorders are serious, permanent, and life-altering conditions
   65  that substantially and adversely impact persons born with fetal
   66  alcohol spectrum disorders as well as their parents, siblings,
   67  and children.
   68         (b) Fetal Alcohol Syndrome and other fetal alcohol spectrum
   69  disorders are extremely costly conditions when the total amount
   70  of medical, psychiatric, respite, and other care is calculated
   71  over the course of an affected person's lifetime.
   72         (c) Fetal alcohol spectrum disorders can be prevented or
   73  reduced by taking steps necessary to protect to the greatest
   74  extent possible a developing fetus from the detrimental effects
   75  of alcohol consumption by an expectant mother.
   76         (3) The term “fetal alcohol spectrum disorder” means a
   77  continuum of permanent birth defects caused by maternal
   78  consumption of alcohol during pregnancy and includes Fetal
   79  Alcohol Syndrome.
   80         (4)(a)Each vendor licensed to sell alcoholic beverages for
   81  consumption on or off the premises shall prominently display a
   82  sign that complies with the provisions of this section, warning
   83  of the danger of birth defects that may be caused as a result of
   84  the consumption of alcohol during pregnancy.
   85         (b)The division shall produce a warning sign that complies
   86  with paragraph (c) and shall distribute the sign to licensed
   87  vendors operating establishments that sell alcoholic beverages
   88  for consumption on or off the premises. The division may charge
   89  a nominal fee to cover printing, postage, and handling expenses
   90  and may post the required sign on a web site to be downloaded by
   91  a vendor and displayed following all stated posting regulations.
   92         (c)1.The sign described in paragraph (b) must read as
   93  follows:
   94  WARNING: DRINKING DURING PREGNANCY ANY BEVERAGES THAT CONTAIN
   95  ALCOHOL CAN CAUSE SERIOUS LIFE-LONG BIRTH DEFECTS, INCLUDING
   96  FETAL ALCOHOL SYNDROME.
   97         2. The sign shall be at least 8 inches wide and 11 inches
   98  high with each letter at least three-fourths-inch high and
   99  three-eighths-inch wide. The sign shall have dark color
  100  characters on a light color background. The sign shall be in
  101  English unless a significant number of the patrons of the retail
  102  premises use a language other than English as a primary
  103  language. In such cases, the sign shall be worded in both
  104  English and the primary language or languages of the patrons.
  105         (d)The sign shall be displayed at the licensed premises in
  106  the following manner:
  107         1.If a vendor holds a license providing for on-premises
  108  consumption, the sign shall be prominently posted, in a location
  109  that is clearly visible, at the main entrance to the portion of
  110  the establishment licensed to dispense alcoholic beverages.
  111         a.Self-service “mini-bars” in hotel guest rooms are exempt
  112  from this section.
  113         b.Airports, convention centers, sports facilities, and
  114  other licensed premises where more than one location of sale,
  115  service, and consumption of alcoholic beverages is authorized
  116  shall post the sign in plain view in a location that is clearly
  117  visible to the majority of patrons entering or approaching the
  118  portion of the premises licensed to dispense alcoholic
  119  beverages.
  120         2.If a vendor holds a license providing for the sale of
  121  alcohol for off-premises consumption, the sign shall be posted
  122  in plain view at either of the following locations:
  123         a.At any cash register where alcohol is sold.
  124         b.At the main entrance to the licensed premises.
  125         3.If a vendor is a manufacturer, the sign shall be posted
  126  in plain view at the main entrance to any area where alcohol
  127  beverages are sold for off-premises consumption. If a
  128  manufacturer's tasting rooms have separate buildings or separate
  129  entrances, the sign shall be posted in plain view at the main
  130  entrance to each tasting area.
  131         4.Advertisements, other signage, and postings of any type
  132  may not be displayed within 2 feet of the sign warning of the
  133  risk of birth defects from the consumption of alcoholic
  134  beverages.
  135         5.Holders of temporary event permits and caterers'
  136  licenses shall post the sign in plain view in a location clearly
  137  visible to the majority of patrons entering or approaching the
  138  portion of the premises licensed to dispense alcoholic
  139  beverages.
  140         (5)(a)Any vendor who violates subsection (4) commits a
  141  misdemeanor of the second degree, punishable as provided in s.
  142  775.082 or s. 775.083.
  143         (b)The division shall enforce this section. Any employee
  144  of the division may report a violation of this section to the
  145  division director, and the director shall issue a warning to the
  146  licensee of the violation.
  147         Section 2. This act shall take effect January 1, 2010.