Senate Bill sb2272

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    Florida Senate - 2007                                  SB 2272

    By Senator Bennett





    21-656-07

  1                      A bill to be entitled

  2         An act relating to substance abuse; creating

  3         the "Fetal Alcohol Syndrome Prevention Act";

  4         providing legislative findings and intent;

  5         requiring the Department of Health to develop a

  6         public education program to inform the public

  7         regarding the detrimental effects of fetal

  8         alcohol syndrome; providing content for the

  9         education campaign; requiring that the

10         information be placed on certain specified web

11         sites; requiring the Department of Health and

12         the Department of Children and Family Services

13         to develop, establish, and maintain a Fetal

14         Alcohol Syndrome Prevention Network; detailing

15         the duties of the network; creating s. 397.602,

16         F.S.; providing that a pregnant woman who

17         requests evaluation for counseling or treatment

18         services to minimize the risk of alcohol

19         exposure to her unborn child may obtain such

20         evaluation at any licensed service provider

21         participating in the fetal alcohol syndrome

22         prevention network; requiring treatment in the

23         least restrictive manner; amending s. 397.675,

24         F.S.; revising the criteria for involuntary

25         admission to substance abuse treatment to

26         include a pregnant woman who, while pregnant,

27         continues to consume alcoholic beverages unless

28         the woman ceases to consume alcoholic

29         beverages; creating s. 397.68185, F.S.;

30         providing the evidence necessary to support a

31         court finding for involuntary admission for

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    Florida Senate - 2007                                  SB 2272
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 1         preventing fetal alcohol syndrome; amending s.

 2         397.6772, F.S.; prohibiting a pregnant woman to

 3         be held in a municipal or county jail; amending

 4         s. 397.6791, F.S.; specifying the persons who

 5         may initiate an emergency admission of a

 6         pregnant woman suspected of inappropriate

 7         consumption of alcoholic beverages; amending s.

 8         397.6793, F.S.; requiring that certain

 9         information be included in the physician's

10         certificate; amending s. 397.681, F.S.;

11         providing for jurisdiction over cases of a

12         pregnant woman suspected of inappropriate

13         consumption of alcoholic beverages; amending s.

14         397.6811, F.S.; specifying who may file a

15         petition for involuntary assessment and

16         stabilization; amending s. 397.6814, F.S.;

17         providing for the contents of a petition for

18         involuntary assessment and stabilization;

19         amending s. 397.6815, F.S.; providing for court

20         procedures for proceedings involving

21         involuntary assessment and stabilization;

22         amending s. 397.695, F.S.; specifying who may

23         file a petition for involuntary treatment of a

24         pregnant woman suspected of inappropriate

25         consumption of alcoholic beverages; amending s.

26         397.6951, F.S.; providing for the contents of a

27         petition for involuntary treatment; amending s.

28         397.6955, F.S.; detailing the duties of the

29         court after the filing of the petition for

30         involuntary treatment; amending s. 397.6957,

31         F.S.; providing for the burden of proof

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    Florida Senate - 2007                                  SB 2272
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 1         applicable in a hearing for the involuntary

 2         treatment of a pregnant woman suspected of

 3         inappropriate consumption of alcoholic

 4         beverages; amending s. 397.697, F.S.;

 5         conforming provisions to changes made by the

 6         act; creating s. 562.063, F.S.; requiring each

 7         vendor licensed to sell alcoholic beverages for

 8         consumption on or off the vendor's premises to

 9         post a health warning sign on the licensed

10         premises where alcoholic beverages are sold and

11         in such a fashion as to be clearly visible to

12         the patrons of the licensed vendor; detailing

13         the content of the warning signs; providing

14         that a vendor commits a misdemeanor of the

15         second degree for failing to post the sign;

16         requiring the Division of Alcoholic Beverages

17         and Tobacco of the Department of Business and

18         Professional Regulation to produce and

19         distribute the health warning signs; subject to

20         appropriations, requiring the Department of

21         Health to contract with the Florida Center for

22         Child and Family Development to establish fetal

23         alcohol syndrome disorders diagnostic and

24         intervention centers in certain specified

25         counties; providing effective dates.

26  

27  Be It Enacted by the Legislature of the State of Florida:

28  

29         Section 1.  This act may be cited as the "Fetal Alcohol

30  Syndrome Prevention Act."

31  

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 1         Section 2.  Fetal alcohol syndrome; legislative

 2  findings.--The Legislature finds that fetal alcohol syndrome

 3  is a serious, permanent, and life-altering condition that

 4  substantially and adversely affects persons born with fetal

 5  alcohol syndrome as well as their parents, siblings, and

 6  children. The Legislature also finds that fetal alcohol

 7  syndrome is an extremely costly condition when the value of

 8  the medical, psychiatric, respite, and other care is

 9  calculated over the course of an affected person's lifetime.

10  The Legislature further finds that instances of fetal alcohol

11  syndrome can be prevented or reduced by taking steps

12  necessary, to the greatest extent possible, to protect a

13  developing fetus from the detrimental effects of alcohol

14  consumption by a pregnant woman.

15         Section 3.  Public information on fetal alcohol

16  syndrome; Fetal Alcohol Syndrome Prevention Network.--

17         (1)(a)  The Department of Health shall develop a public

18  education program to inform the public regarding the

19  detrimental effects of fetal alcohol syndrome. The information

20  shall include information that:

21         1.  Describes fetal alcohol syndrome as the leading

22  cause of mental retardation to persons in the United States

23  and this state.

24         2.  Describes the neurological damage and symptoms of

25  fetal alcohol syndrome.

26         3.  Emphasizes the fact that damage to the brain from

27  fetal alcohol syndrome is permanent.

28         4.  Describes the physiological characteristics and

29  defects caused by fetal alcohol syndrome.

30         5.  Describes the developmental delays and

31  psychological effect of fetal alcohol syndrome.

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 1         6.  Highlights the lifetime issues such as difficulty

 2  maintaining successful independence, sustaining healthy

 3  relationships, and maintaining employment and the need for

 4  long-term support.

 5         7.  Describes the economic impact to the affected

 6  person, his or her family, and to the people of this state.

 7         (b)  The Department of Health, the Department of

 8  Children and Family Services, and the Division of Alcoholic

 9  Beverages and Tobacco of the Department of Business and

10  Professional Regulation shall provide access to the public

11  information on their respective Internet web pages.

12         (2)  The Department of Health, in cooperation with the

13  Department of Children and Family Services, shall develop,

14  establish, and maintain a Fetal Alcohol Syndrome Prevention

15  Network. The network shall consist of licensed service

16  providers, as defined in s. 397.311, Florida Statutes, and

17  Fetal Alcohol Spectrum Disorders Diagnostic and Intervention

18  Centers that have agreed to participate in providing

19  counseling, education, and support to pregnant women who have

20  been exposed to alcohol while pregnant. The Department of

21  Health shall also establish an information telephone hotline

22  for persons to call in order to obtain information regarding

23  fetal alcohol syndrome, local licensed service providers

24  participating in the network, or the nearest Fetal Alcohol

25  Spectrum Disorders Diagnostic and Intervention Center

26  participating in the network.

27         (3)  Licensed service providers and Fetal Alcohol

28  Spectrum Disorder Diagnostic and Intervention Centers

29  participating in the prevention network shall establish a

30  system for assessing charges for services rendered when

31  involuntary or court-ordered services are required. The fees

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 1  charged must be apportioned according to the person's ability

 2  to pay.

 3         Section 4.  Section 397.602, Florida Statutes, is

 4  created to read:

 5         397.602  Voluntary admission for fetal alcohol syndrome

 6  prevention.--

 7         (1)  A pregnant woman who requests an evaluation for

 8  counseling or treatment services to minimize the risk of

 9  alcohol exposure to her unborn child may obtain such

10  evaluation at any licensed service provider or Fetal Alcohol

11  Spectrum Disorder Diagnostic and Intervention Center

12  participating in the fetal alcohol syndrome prevention

13  network. The service provider's evaluation must recommend the

14  least restrictive course of action, plan, or service

15  reasonably necessary to remove or minimize the risk of alcohol

16  exposure to the unborn child which is appropriate to meet the

17  pregnant woman's needs.

18         (2)(a)  The disability of minority for a pregnant minor

19  younger than 18 years of age is removed solely for the purpose

20  of obtaining voluntary alcohol or substance abuse treatment

21  services from a licensed service provider and consent to these

22  services by a minor has the same force and effect as if

23  executed by a woman who has reached the age of majority. The

24  consent is not subject to a later challenge due to the woman's

25  minority.

26         (b)  Except for purposes of law enforcement activities

27  in connection with protective custody, the disability of

28  minority is not removed if there is an involuntary admission

29  for alcohol or substance abuse treatment services, in which

30  case parental participation may be required as the court finds

31  appropriate.

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 1         Section 5.  Section 397.675, Florida Statutes, is

 2  amended to read:

 3         397.675  Criteria for involuntary admissions, including

 4  protective custody, emergency admission, and other involuntary

 5  assessment, involuntary treatment, and alternative involuntary

 6  assessment for minors, for purposes of assessment and

 7  stabilization, and for involuntary treatment.--

 8         (1)  A person meets the criteria for involuntary

 9  admission if there is good faith reason to believe the person

10  is substance abuse impaired and, because of such impairment:

11         (a)(1)  Has lost the power of self-control with respect

12  to substance use; and either

13         (b)1.(2)(a)  Has inflicted, or threatened or attempted

14  to inflict, or unless admitted is likely to inflict, physical

15  harm on himself or herself or another; or

16         2.(b)  Is in need of substance abuse services and, by

17  reason of substance abuse impairment, his or her judgment has

18  been so impaired that the person is incapable of appreciating

19  his or her need for such services and of making a rational

20  decision in regard thereto; however, mere refusal to receive

21  such services does not constitute evidence of lack of judgment

22  with respect to his or her need for such services.

23         (2)  A woman also may meet the criteria for involuntary

24  admission if a court finds that she is pregnant and, while

25  knowing she is pregnant, continues to consume alcoholic

26  beverages to such a degree that there is a reasonable belief

27  that the child, when born, will be diagnosed as having fetal

28  alcohol syndrome unless the woman ceases to consume alcoholic

29  beverages, and that there is good cause to believe she will

30  continue to consume alcoholic beverages if not involuntarily

31  admitted to a treatment facility. Sections 397.501 and 397.581

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 1  apply to women meeting the criteria for involuntary admission

 2  under this subsection. A woman involuntarily admitted under

 3  this subsection may be admitted only to a licensed service

 4  provider, as defined in s. 397.311, which has agreed to

 5  participate in providing counseling, detoxification,

 6  residential treatment, or other service component listed in s.

 7  397.311(18) to pregnant women.

 8         Section 6.  Section 397.68185, Florida Statutes, is

 9  created to read:

10         397.68185  Evidence necessary to support a court

11  finding for involuntary admission for preventing fetal alcohol

12  syndrome.--When determining whether a pregnant woman meets the

13  criteria for involuntary admission under s. 397.675(2), a

14  court may consider the following in support of its findings:

15         (1)  Whether the pregnant woman was notified of the

16  effects of fetal alcohol syndrome and was counseled against

17  the consumption of alcoholic beverages;

18         (2)  Whether, after being warned against the

19  consumption of alcoholic beverages, she continued to consume

20  alcoholic beverages;

21         (3)  Whether the pregnant woman has been offered and

22  refused alcohol or substance abuse treatment or, if enrolled

23  in an alcohol or substance abuse treatment program, failed to

24  make a good faith effort to participate in the treatment

25  program;

26         (4)  Whether the pregnant woman exhibits a lack of

27  self-control in the consumption of alcoholic beverages;

28         (5)  Whether the quantity and frequency of

29  alcoholic-beverage consumption by the pregnant woman is

30  significant;

31  

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 1         (6)  Whether the pregnant woman has been recommended

 2  for alcohol or substance abuse treatment before or during her

 3  pregnancy by her physician, spouse, or any relative or friend;

 4         (7)  Whether testimony by a medical expert concerning

 5  the estimated alcohol-related risk to the health of the unborn

 6  child based on the pregnant woman's continued consumption of

 7  alcoholic beverages is convincing; and

 8         (8)  Whether there is any other evidence the court

 9  considers relevant to determining whether the pregnant woman's

10  involuntary admission is necessary to prevent the continued

11  consumption of alcoholic beverages by the pregnant woman and

12  that, absent such intervention, there exists a reasonable

13  possibility that the unborn child, when born, may be diagnosed

14  as having fetal alcohol syndrome.

15         Section 7.  Subsection (1) of section 397.6772, Florida

16  Statutes, is amended to read:

17         397.6772  Protective custody without consent.--

18         (1)  If a person in circumstances which justify

19  protective custody as described in s. 397.677 fails or refuses

20  to consent to assistance and a law enforcement officer has

21  determined that a hospital or a licensed detoxification or

22  addictions receiving facility is the most appropriate place

23  for the person, the officer may, after giving due

24  consideration to the expressed wishes of the person:

25         (a)  Take the person to a hospital or to a licensed

26  detoxification or addictions receiving facility against the

27  person's will but without using unreasonable force; or

28         (b)  In the case of an adult, detain the person for his

29  or her own protection in any municipal or county jail or other

30  appropriate detention facility, except that a pregnant woman

31  

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 1  may not be detained in any municipal or county jail for

 2  purposes of preventing fetal alcohol syndrome.

 3  

 4  Such detention is not to be considered an arrest for any

 5  purpose, and no entry or other record may be made to indicate

 6  that the person has been detained or charged with any crime.

 7  The officer in charge of the detention facility must notify

 8  the nearest appropriate licensed service provider within the

 9  first 8 hours after detention that the person has been

10  detained.  It is the duty of the detention facility to

11  arrange, as necessary, for transportation of the person to an

12  appropriate licensed service provider with an available bed.

13  Persons taken into protective custody must be assessed by the

14  attending physician within the 72-hour period and without

15  unnecessary delay, to determine the need for further services.

16         Section 8.  Section 397.6791, Florida Statutes, is

17  amended to read:

18         397.6791  Emergency admission; persons who may

19  initiate.--The following persons may request an emergency

20  admission:

21         (1)(a)  In the case of an adult, the certifying

22  physician, the person's spouse or guardian, any relative of

23  the person, or any other responsible adult who has personal

24  knowledge of the person's substance abuse impairment.

25         (b)  In the case of an adult pregnant woman whose

26  consumption of alcoholic beverages may be placing her unborn

27  child at risk of fetal alcohol syndrome, the certifying

28  physician, joined by the pregnant woman's spouse, parent or

29  guardian, or sibling if the certifying physician and other

30  person joining in the request signs an affidavit stating that

31  the emergency admission is necessary to avert a substantial

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 1  alcohol-related risk to the health of the unborn child and

 2  that the pregnant woman has been offered and refused alcohol

 3  or other substance abuse treatment services.

 4         (2)  In the case of a minor, including an unemancipated

 5  minor who is a pregnant woman, the minor's parent, legal

 6  guardian, or legal custodian.

 7         Section 9.  Present subsections (2), (3), and (4) of

 8  section 397.6793, Florida Statutes, are redesignated as

 9  subsections (3), (4), and (5), respectively, and a new

10  subsection (2) is added to that section, to read:

11         397.6793  Physician's certificate for emergency

12  admission.--

13         (2)  If the emergency admission is for a pregnant woman

14  whose consumption of alcoholic beverages may be placing her

15  unborn child at risk of fetal alcohol syndrome, the

16  physician's certificate must include the name of the woman to

17  be admitted, the relationship between the woman and the

18  physician, the relationship between the applicant and the

19  physician, any relationship between the physician and the

20  licensed service provider, a statement that the woman has been

21  examined and assessed within 5 days before the application

22  date, and a statement of facts based on the pregnant woman's

23  consumption of alcoholic beverages which indicate the need for

24  an emergency admission in order to avert or reduce a

25  substantial alcohol-related risk to the health of the unborn

26  child. The certificate must also state that the pregnant woman

27  has been counseled against the consumption of alcoholic

28  beverages during her pregnancy and has been offered and

29  refused alcohol or other substance abuse treatment services.

30         Section 10.  Section 397.681, Florida Statutes, is

31  amended to read:

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 1         397.681  Involuntary petitions; general provisions;

 2  court jurisdiction and right to counsel.--

 3         (1)  JURISDICTION.--The courts have jurisdiction of

 4  involuntary assessment and stabilization petitions, and

 5  involuntary treatment petitions for substance abuse impaired

 6  persons, and petitions for pregnant women whose consumption of

 7  alcoholic beverages places their unborn child at risk for

 8  fetal alcohol syndrome. Such petitions must be filed with the

 9  clerk of the court in the county where the person is located.

10  The chief judge may appoint a general or special magistrate to

11  preside over all or part of the proceedings. The alleged

12  impaired person is named as the respondent.

13         (2)  RIGHT TO COUNSEL.--A respondent has the right to

14  counsel at every stage of a proceeding relating to a petition

15  for his or her involuntary assessment and a petition for his

16  or her involuntary treatment as authorized by this chapter for

17  substance abuse impairment. A respondent who desires counsel

18  and is unable to afford private counsel has the right to

19  court-appointed counsel and to the benefits of s. 57.081. If

20  the court believes that the respondent needs the assistance of

21  counsel, the court shall appoint such counsel for the

22  respondent without regard to the respondent's wishes. If the

23  respondent is a minor not otherwise represented in the

24  proceeding, the court shall immediately appoint a guardian ad

25  litem to act on the minor's behalf.

26         Section 11.  Section 397.6811, Florida Statutes, is

27  amended to read:

28         397.6811  Involuntary assessment and stabilization.--A

29  person determined by the court to appear to meet the criteria

30  for involuntary admission under s. 397.675 may be admitted for

31  a period of 5 days to a hospital or to a licensed

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 1  detoxification facility or addictions receiving facility, for

 2  involuntary assessment and stabilization or to a less

 3  restrictive component of a licensed service provider for

 4  assessment only upon entry of a court order or upon receipt by

 5  the licensed service provider of a petition.  Involuntary

 6  assessment and stabilization may be initiated by the

 7  submission of a petition to the court.

 8         (1)(a)  If the person upon whose behalf the petition is

 9  being filed is an adult, a petition for involuntary assessment

10  and stabilization may be filed by the respondent's spouse or

11  guardian, any relative, a private practitioner, the director

12  of a licensed service provider or the director's designee, or

13  any three adults who have personal knowledge of the

14  respondent's substance abuse impairment.

15         (b)  If the woman upon whose behalf the petition is

16  being filed is an adult pregnant woman, a petition for

17  involuntary assessment and stabilization may be filed by the

18  respondent's spouse, parent, guardian, or sibling and joined

19  by a physician.

20         (2)  If the person upon whose behalf the petition is

21  being filed is a minor, including an unemancipated minor who

22  is pregnant, a petition for involuntary assessment and

23  stabilization may be filed by a parent, legal guardian, legal

24  custodian, or licensed service provider.

25         Section 12.  Section 397.6814, Florida Statutes, is

26  amended to read:

27         397.6814  Involuntary assessment and stabilization;

28  contents of petition.--

29         (1)  A petition for involuntary assessment and

30  stabilization must contain the name of the respondent; the

31  name of the applicant or applicants; the relationship between

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 1  the respondent and the applicant; the name of the respondent's

 2  attorney, if known, and a statement of the respondent's

 3  ability to afford an attorney; and must state facts to support

 4  the need for involuntary assessment and stabilization,

 5  including:

 6         (a)(1)  The reason for the petitioner's belief that the

 7  respondent is substance abuse impaired; and

 8         (b)(2)  The reason for the petitioner's belief that

 9  because of such impairment the respondent has lost the power

10  of self-control with respect to substance abuse; and either

11         (c)1.(3)(a)  The reason the petitioner believes that

12  the respondent has inflicted or is likely to inflict physical

13  harm on himself or herself or others unless admitted; or

14         2.(b)  The reason the petitioner believes that the

15  respondent's refusal to voluntarily receive care is based on

16  judgment so impaired by reason of substance abuse that the

17  respondent is incapable of appreciating his or her need for

18  care and of making a rational decision regarding that need for

19  care. If the respondent has refused to submit to an

20  assessment, such refusal must be alleged in the petition.

21         (2)  If a petition is filed for the involuntary

22  assessment and stabilization of a pregnant woman whose

23  consumption of alcoholic beverages may be placing her unborn

24  child at risk of fetal alcohol syndrome, the petition must

25  contain the name of the woman to be assessed, the relationship

26  between the woman and the physician, the relationship between

27  the applicant and the physician, any relationship between the

28  physician and the licensed service provider, and a statement

29  of facts based on the pregnant woman's consumption of

30  alcoholic beverages which indicate the need for involuntary

31  assessment and stabilization in order to avert or reduce a

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 1  substantial alcohol-related risk to the health of her unborn

 2  child. The petition must also state that the pregnant woman

 3  has been counseled against the consumption of alcoholic

 4  beverages during her pregnancy, and has been offered and

 5  refused alcohol or other substance abuse treatment services.

 6         Section 13.  Section 397.6815, Florida Statutes, is

 7  amended to read:

 8         397.6815  Involuntary assessment and stabilization;

 9  procedure.--Upon receipt and filing of the petition for the

10  involuntary assessment and stabilization of a substance abuse

11  impaired person or of a pregnant woman whose consumption of

12  alcoholic beverages may be placing her unborn child at risk

13  for fetal alcohol syndrome by the clerk of the court, the

14  court shall ascertain whether the respondent is represented by

15  an attorney, and if not, whether, on the basis of the

16  petition, an attorney should be appointed; and shall:

17         (1)  Provide a copy of the petition and notice of

18  hearing to the respondent; the respondent's parent, guardian,

19  or legal custodian, in the case of a minor; the respondent's

20  attorney, if known; the petitioner; the respondent's spouse or

21  guardian, if applicable; and such other persons as the court

22  may direct, and have such petition and notice personally

23  delivered to the respondent if he or she is a minor.  The

24  court shall also issue a summons to the person whose admission

25  is sought and conduct a hearing within 10 days; or

26         (2)  Without the appointment of an attorney and,

27  relying solely on the contents of the petition, enter an ex

28  parte order authorizing the involuntary assessment and

29  stabilization of the respondent.  The court may order a law

30  enforcement officer or other designated agent of the court to

31  

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 1  take the respondent into custody and deliver him or her to the

 2  nearest appropriate licensed service provider.

 3         Section 14.  Section 397.695, Florida Statutes, is

 4  amended to read:

 5         397.695  Involuntary treatment; persons who may

 6  petition.--

 7         (1)  If the respondent is an adult, a petition for

 8  involuntary treatment may be filed by the respondent's spouse

 9  or guardian, any relative, a service provider, or any three

10  adults who have personal knowledge of the respondent's

11  substance abuse impairment and his or her prior course of

12  assessment and treatment. If the respondent on whose behalf

13  the petition is being filed is an adult pregnant woman whose

14  consumption of alcoholic beverages may be placing her unborn

15  child at risk of fetal alcohol syndrome, the petition for

16  involuntary treatment may be filed by the respondent's spouse,

17  parent, guardian, or sibling and joined by a physician.

18         (2)  If the respondent is a minor, including an

19  unemancipated minor who is pregnant, a petition for

20  involuntary treatment may be filed by a parent, legal

21  guardian, or service provider.

22         Section 15.  Section 397.6951, Florida Statutes, is

23  amended to read:

24         397.6951  Contents of petition for involuntary

25  treatment.--

26         (1)  A petition for involuntary treatment must contain

27  the name of the respondent to be admitted; the name of the

28  petitioner or petitioners; the relationship between the

29  respondent and the petitioner; the name of the respondent's

30  attorney, if known, and a statement of the petitioner's

31  knowledge of the respondent's ability to afford an attorney;

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 1  the findings and recommendations of the assessment performed

 2  by the qualified professional; and the factual allegations

 3  presented by the petitioner establishing the need for

 4  involuntary treatment, including:

 5         (a)(1)  The reason for the petitioner's belief that the

 6  respondent is substance abuse impaired; and

 7         (b)(2)  The reason for the petitioner's belief that

 8  because of such impairment the respondent has lost the power

 9  of self-control with respect to substance abuse; and either

10         (c)1.(3)(a)  The reason the petitioner believes that

11  the respondent has inflicted or is likely to inflict physical

12  harm on himself or herself or others unless admitted; or

13         2.(b)  The reason the petitioner believes that the

14  respondent's refusal to voluntarily receive care is based on

15  judgment so impaired by reason of substance abuse that the

16  respondent is incapable of appreciating his or her need for

17  care and of making a rational decision regarding that need for

18  care.

19         (2)  If a petition is filed for the involuntary

20  treatment of a pregnant woman whose consumption of alcoholic

21  beverages may be placing her unborn child at risk of fetal

22  alcohol syndrome, the petition must contain the name of the

23  woman to be to be assessed, the relationship between the woman

24  and the physician, the relationship between the applicant and

25  the physician, any relationship between the physician and the

26  licensed service provider, and a statement of facts based on

27  the pregnant woman's consumption of alcoholic beverages which

28  indicate the need for involuntary treatment in order to avert

29  or reduce a substantial alcohol-related risk to the health of

30  her unborn child. The petition must also state that the

31  pregnant woman has been counseled against the consumption of

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 1  alcoholic beverages during her pregnancy and has been offered

 2  and refused alcohol or other substance abuse treatment

 3  services.

 4         Section 16.  Section 397.6955, Florida Statutes, is

 5  amended to read:

 6         397.6955  Duties of court upon filing of petition for

 7  involuntary treatment.--Upon the filing of a petition for the

 8  involuntary treatment of a substance abuse impaired person or

 9  of a pregnant woman whose consumption of alcoholic beverages

10  may be placing her unborn child at risk of fetal alcohol

11  syndrome with the clerk of the court, the court shall

12  immediately determine whether the respondent is represented by

13  an attorney or whether the appointment of counsel for the

14  respondent is appropriate. The court shall schedule a hearing

15  to be held on the petition within 10 days. A copy of the

16  petition and notice of the hearing must be provided to the

17  respondent; the respondent's parent, guardian, or legal

18  custodian, in the case of a minor; the respondent's attorney,

19  if known; the petitioner; the respondent's spouse or guardian,

20  if applicable; and such other persons as the court may direct,

21  and have the such petition and order personally delivered to

22  the respondent if he or she is a minor.  The court shall also

23  issue a summons to the person whose admission is sought.

24         Section 17.  Section 397.6957, Florida Statutes, is

25  amended to read:

26         397.6957  Hearing on petition for involuntary

27  treatment.--

28         (1)  At a hearing on a petition for involuntary

29  treatment, the court shall hear and review all relevant

30  evidence, including the review of results of the assessment

31  completed by the qualified professional in connection with the

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    Florida Senate - 2007                                  SB 2272
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 1  respondent's protective custody, emergency admission,

 2  involuntary assessment, or alternative involuntary admission.

 3  The respondent must be present unless the court finds that his

 4  or her presence is likely to be injurious to himself or

 5  herself or others, in which event the court must appoint a

 6  guardian advocate to act in behalf of the respondent

 7  throughout the proceedings.

 8         (2)  For a petition seeking involuntary treatment for

 9  substance abuse impairment, the petitioner has the burden of

10  proving by clear and convincing evidence:

11         (a)  The respondent is substance abuse impaired;, and

12         (b)  Because of such impairment the respondent has lost

13  the power of self-control with respect to substance abuse; and

14  either

15         1.  The respondent has inflicted or is likely to

16  inflict physical harm on himself or herself or others unless

17  admitted; or

18         2.  The respondent's refusal to voluntarily receive

19  care is based on judgment so impaired by reason of substance

20  abuse that the respondent is incapable of appreciating his or

21  her need for care and of making a rational decision regarding

22  that need for care.

23         (3)  For a petition seeking involuntary treatment for a

24  pregnant woman whose consumption of alcoholic beverages may be

25  placing her unborn child at risk of fetal alcohol syndrome,

26  the petitioner has the burden of proving by clear and

27  convincing evidence that the pregnant woman, while knowing she

28  is pregnant, continues to consume alcoholic beverages to such

29  a degree that there is a reasonable belief that the child,

30  when born, will be diagnosed as having fetal alcohol syndrome

31  unless the woman ceases to consume alcoholic beverages during

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    Florida Senate - 2007                                  SB 2272
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 1  her pregnancy and that there is good cause to believe that the

 2  woman will continue to consume alcoholic beverages if not

 3  involuntarily admitted to a treatment facility.

 4         (4)(3)  At the conclusion of the hearing the court

 5  shall either dismiss the petition or order the respondent to

 6  undergo involuntary substance abuse treatment, with the

 7  respondent's chosen licensed service provider to deliver the

 8  involuntary substance abuse treatment where possible and

 9  appropriate.

10         Section 18.  Section 397.697, Florida Statutes, is

11  amended to read:

12         397.697  Court determination; effect of court order for

13  involuntary substance abuse treatment.--

14         (1)  When the court finds that the conditions for

15  involuntary substance abuse treatment have been proved by

16  clear and convincing evidence, it may order the respondent to

17  undergo involuntary treatment by a licensed service provider

18  for a period not to exceed 60 days.  If the court finds it

19  necessary, it may direct the sheriff to take the respondent

20  into custody and deliver him or her to the licensed service

21  provider specified in the court order, or to the nearest

22  appropriate licensed service provider, for involuntary

23  treatment.  When the conditions justifying involuntary

24  treatment no longer exist, the client must be released as

25  provided in s. 397.6971.  When the conditions justifying

26  involuntary treatment are expected to exist after 60 days of

27  treatment, a renewal of the involuntary treatment order may be

28  requested pursuant to s. 397.6975 prior to the end of the

29  60-day period.

30         (2)  In all cases resulting in an order for involuntary

31  substance abuse treatment, the court shall retain jurisdiction

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    Florida Senate - 2007                                  SB 2272
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 1  over the case and the parties for the entry of such further

 2  orders as the circumstances may require. The court's

 3  requirements for notification of proposed release must be

 4  included in the original treatment order.

 5         (3)  An involuntary treatment order authorizes the

 6  licensed service provider to require the client to undergo

 7  such treatment as will benefit him or her, including treatment

 8  at any licensable service component of a licensed service

 9  provider.

10         Section 19.  Effective October 1, 2007, section

11  562.063, Florida Statutes, is created to read:

12         562.063  Health warning signs; posting requirement;

13  penalty.--

14         (1)(a)  Each vendor licensed to sell alcoholic

15  beverages for consumption on or off the vendor's premises

16  shall post a health warning sign that complies with paragraph

17  (b) on the licensed premises where alcoholic beverages are

18  sold, at a location in each room where alcoholic beverages are

19  available for sale, and in such a fashion as to be clearly

20  visible to the patrons of the licensed vendor.

21         (b)  Each sign required to be posted under paragraph

22  (a) must be posted in English and Spanish, must be at least 12

23  by 18 inches in size, must be laminated for durability and

24  neatness, and must read as follows:

25  

26                          HEALTH WARNING

27         ALCOHOL IN BEER, COOLERS, WINE, AND LIQUOR CAN

28         CAUSE FETAL ALCOHOL SYNDROME BIRTH DEFECTS.

29         DO NOT DRINK DURING PREGNANCY.

30         DO NOT DRINK BEFORE DRIVING A CAR, OPERATING A

31         BOAT, OR OPERATING MACHINERY.

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 1         DO NOT MIX ALCOHOL WITH OTHER DRUGS, INCLUDING

 2         PRESCRIPTION OR ILLEGAL DRUGS. IT CAN BE FATAL.

 3  

 4         (c)  The division shall produce health warning signs

 5  that comply with paragraph (b) and distribute the signs to the

 6  licensed vendors operating establishments that sell alcoholic

 7  beverages for consumption on or off the premises. The division

 8  shall collect from each vendor an amount sufficient to cover

 9  the costs of printing and delivering the signs.

10         (2)  A vendor of alcoholic beverages may not sell an

11  alcoholic beverage unless the vendor has properly posted the

12  warning signs as required under subsection (1). A vendor who

13  violates this subsection commits a misdemeanor of the second

14  degree, punishable as provided in s. 775.082 or s. 775.083.

15         Section 20.  The Division of Alcoholic Beverages and

16  Tobacco of the Department of Business and Professional

17  Regulation shall produce and distribute health warning signs

18  in compliance with s. 562.063, Florida Statutes, as created by

19  this act.

20         Section 21.  Fetal alcohol syndrome disorders

21  diagnostic and intervention centers; professional training.--

22         (1)  Subject to appropriations, the Department of

23  Health shall contract with the Florida Center for Child and

24  Family Development to establish fetal alcohol syndrome

25  disorders diagnostic and intervention centers. The fetal

26  alcohol syndrome disorders diagnostic and intervention centers

27  shall be located in Sarasota, Hillsborough, Duval, and

28  Miami-Dade Counties and other counties to be added as need

29  arises and funds are sufficient for operations.

30         (2)  Subject to appropriations, the Department of

31  Health shall contract with the Florida Center for Child and

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    Florida Senate - 2007                                  SB 2272
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 1  Family Development to develop and conduct professional

 2  training for Healthy Families Florida, healthy start

 3  coalitions, child protective services programs, child care

 4  facilities, domestic violence centers, behavioral health care

 5  providers, educational programs, and health care

 6  professionals, as well as any other groups working with

 7  children or pregnant women.

 8         Section 22.  Except as otherwise expressly provided in

 9  this act, this act shall take effect July 1, 2007.

10  

11            *****************************************

12                          SENATE SUMMARY

13    Requires the Department of Health to develop a public
      education program to inform the public regarding the
14    detrimental effects of fetal alcohol syndrome and
      requires that the information be placed on certain
15    specified web sites. Requires the Department of Health
      and the Department of Children and Family Services to
16    develop, establish, and maintain a Fetal Alcohol Syndrome
      Prevention Network.  Provides that a pregnant woman who
17    requests evaluation for counseling or treatment services
      may obtain such evaluation at any licensed service
18    provider participating in the fetal alcohol syndrome
      prevention network. Revises the criteria for involuntary
19    admission to substance abuse treatment to include a
      pregnant woman who, while pregnant, continues to consume
20    alcoholic beverages unless the woman ceases to consume
      alcoholic beverages. Identifies the persons who may
21    initiate an emergency admission of a pregnant woman
      suspected of inappropriate consumption of alcoholic
22    beverages. Provides for jurisdiction over cases of a
      pregnant woman suspected of inappropriate consumption of
23    alcoholic beverages. Identifies who may file a petition
      for involuntary treatment of a pregnant woman suspected
24    of inappropriate consumption of alcoholic beverages.
      Details the contents of a petition for involuntary
25    treatment. Provides for the burden of proof applicable in
      a hearing for the involuntary treatment of a pregnant
26    woman suspected of inappropriate consumption of alcoholic
      beverages. Requires each vendor licensed to sell
27    alcoholic beverages for consumption on or off the
      vendor's premises to post a health warning sign on the
28    licensed premises. Details the content of the warning
      signs. Provides that a vendor commits a misdemeanor of
29    the second degree for not complying with the act.
      Requires the Division of Alcoholic Beverages and Tobacco
30    of the Department of Business and Professional Regulation
      to produce and distribute the health warning signs.
31  

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