1

A bill to be entitled

2

An act relating to alcohol abuse by an expectant mother;

3

providing a short title; creating the "Fetal Alcohol

4

Syndrome Prevention Act"; providing legislative findings;

5

providing a definition; directing the Department of Health

6

to develop a public education program, including a

7

telephone information hotline, to provide information

8

regarding fetal alcohol spectrum disorders; directing the

9

Department of Health in conjunction with the Department of

10

Children and Family Services to develop and maintain a

11

Fetal Alcohol Spectrum Disorders Prevention Network

12

consisting of service providers and Fetal Alcohol Spectrum

13

Disorders Diagnostic and Intervention Centers; requiring

14

establishment of a system for assessing charges for

15

certain services; requiring the Department of Health, the

16

Department of Children and Family Services, and the

17

Division of Alcoholic Beverages and Tobacco of the

18

Department of Business and Professional Regulation to

19

provide access to certain information on their respective

20

Internet websites; creating s. 397.602, F.S.; providing

21

for the voluntary admission of an expectant mother for

22

alcohol abuse treatment services; providing evaluation

23

procedures; removing disability of minority solely for

24

voluntary admission; providing an exception; amending s.

25

397.675, F.S.; providing criteria for involuntary

26

admission of an expectant mother under certain

27

circumstances; amending s. 397.6772, F.S.; providing that

28

an expectant mother may not be detained in protective

29

custody at any municipal or county jail for purposes of

30

fetal alcohol spectrum disorders prevention; amending s.

31

397.6791, F.S.; specifying who may request emergency

32

admission; amending s. 397.6793, F.S.; providing criteria

33

for a physician's certificate for emergency admission;

34

amending s. 397.681, F.S.; providing for jurisdiction over

35

petitions for involuntary assessment, stabilization, and

36

treatment; specifying the respondent's right to counsel;

37

amending s. 397.6811, F.S.; specifying who may petition

38

the court for involuntary assessment and stabilization;

39

amending s. 397.6814, F.S.; providing for content of a

40

petition for involuntary assessment and stabilization;

41

amending s. 397.6815, F.S.; providing procedures for

42

disposition of a petition for involuntary assessment and

43

stabilization; amending s. 397.695, F.S.; specifying who

44

may petition the court for involuntary treatment; amending

45

s. 397.6951, F.S.; providing for content of a petition for

46

involuntary treatment; amending s. 397.6955, F.S.;

47

providing procedures for disposition of a petition for

48

involuntary treatment; amending s. 397.6957, F.S.;

49

providing for a hearing on a petition for involuntary

50

treatment of an expectant mother under certain

51

circumstances; assigning the burden of proof in cases of

52

involuntary treatment; amending s. 397.697, F.S.;

53

providing for effect of court order for involuntary

54

treatment; creating s. 562.063, F.S.; requiring described

55

health warning signs to be displayed on the premises of

56

alcoholic beverage vendors; providing penalties; requiring

57

the Division of Alcoholic Beverages and Tobacco of the

58

Department of Business and Professional Regulation to

59

produce and distribute the signs; providing for a fee and

60

collection of the fee for costs of the signs; reenacting

61

s. 397.6773(1), F.S., relating to dispositional

62

alternatives after protective custody, to incorporate the

63

amendment to s. 397.675, F.S., in a reference thereto;

64

directing the Department of Health to establish Fetal

65

Alcohol Spectrum Disorders Diagnostic and Intervention

66

Centers and develop and provide professional training;

67

specifying center locations; providing appropriations;

68

providing effective dates.

69

70

     WHEREAS, the Centers for Disease Control and Prevention has

71

reported a rise of nearly 27 times in the rate of Fetal Alcohol

72

Syndrome and other fetal alcohol spectrum disorders, resulting in

73

a current rate of 26.8 infants with Fetal Alcohol Syndrome for

74

every 10,000 births, and each of these infants represents a cost

75

to society of more than $4 million over the course of the

76

infant's lifetime, and

77

     WHEREAS, the estimated annual cost to the state as a result

78

of fetal alcohol spectrum disorders, including the costs to the

79

juvenile justice system and the costs related to special

80

education, is $432,045,575, and

81

     WHEREAS, fetal alcohol spectrum disorders are the leading

82

cause of mental retardation in the United States, and

83

     WHEREAS, the full spectrum of birth defects caused by

84

alcohol, referred to as fetal alcohol spectrum disorders, results

85

in as many as 270 infants with fetal alcohol spectrum disorders

86

for every 10,000 births, and

87

     WHEREAS, according to the National Institute of Health, only

88

39 percent of women of childbearing age know about fetal alcohol

89

spectrum disorders, and

90

     WHEREAS, according to the 1996 Report to Congress of the

91

Institute of Medicine, of all the substances of abuse, including

92

heroin, cocaine, and marijuana, alcohol produces by far the most

93

serious neurobehavioral effects in the fetus, resulting in

94

permanent disorders of memory function, impulse control, and

95

judgment, and

96

     WHEREAS, there are no health warnings about fetal alcohol

97

spectrum disorders in television commercials and other alcohol

98

advertising that impact the majority of young people and their

99

parents, and

100

     WHEREAS, the Legislature, in recognition of these facts,

101

finds it necessary to require the immediate treatment of pregnant

102

women found to be under the influence of alcohol and to further

103

require the posting of health warning signs about fetal alcohol

104

spectrum disorders on the premises of package alcoholic beverage

105

outlets in the state, NOW, THEREFORE,

106

107

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

108

109

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

110

Syndrome Prevention Act."

111

     Section 2. Fetal Alcohol Syndrome and other fetal alcohol

112

spectrum disorders; legislative findings; definition.--

113

     (1) The Legislature finds that Fetal Alcohol Syndrome and

114

other fetal alcohol spectrum disorders are serious, permanent,

115

and life-altering conditions that substantially and adversely

116

impact persons born with fetal alcohol spectrum disorders as well

117

as their parents, siblings, and children.

118

     (2) The Legislature also finds that Fetal Alcohol Syndrome

119

and other fetal alcohol spectrum disorders are extremely costly

120

conditions when the total amount of medical, psychiatric,

121

respite, and other care is calculated over the course of an

122

affected person's lifetime.

123

     (3) The Legislature further finds that fetal alcohol

124

spectrum disorders can be prevented or reduced by taking steps

125

necessary to protect to the greatest extent possible a developing

126

fetus from the detrimental effects of alcohol consumption by an

127

expectant mother.

128

     (4) The term "fetal alcohol spectrum disorder" means a

129

continuum of permanent birth defects caused by maternal

130

consumption of alcohol during pregnancy and includes Fetal

131

Alcohol Syndrome.

132

     Section 3. Public information on fetal alcohol spectrum

133

disorders; Fetal Alcohol Spectrum Disorders Network.--

134

     (1) The Department of Health is directed to develop a

135

public education program to provide information to the public

136

regarding the detrimental effects of fetal alcohol spectrum

137

disorders. The program shall include the following information:

138

     (a) That fetal alcohol spectrum disorders are the leading

139

cause of mental retardation in the United States and Florida.

140

     (b) The neurological damage caused by and the symptoms of

141

fetal alcohol spectrum disorders.

142

     (c) The permanency of the damage to the brain from fetal

143

alcohol spectrum disorders.

144

     (d) The physiological characteristics and defects of fetal

145

alcohol spectrum disorders.

146

     (e) The developmental delays resulting from fetal alcohol

147

spectrum disorders.

148

     (f) The psychological impact of fetal alcohol spectrum

149

disorders.

150

     (g) The lasting effects of fetal alcohol spectrum

151

disorders, which include difficulty maintaining successful

152

independence, sustaining healthy relationships, and maintaining

153

employment and the need for long-term support.

154

     (h) The economic impact of fetal alcohol spectrum disorders

155

on the affected person, his or her family, and the citizens of

156

the state.

157

     (2) The Department of Health, in conjunction with the

158

Department of Children and Family Services, shall develop,

159

establish, and maintain a Fetal Alcohol Spectrum Disorders

160

Prevention Network, which shall consist of licensed service

161

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

162

Alcohol Spectrum Disorders Diagnostic and Intervention Centers

163

that have agreed to participate in providing counseling,

164

education, and support to pregnant women regarding the effects of

165

prenatal exposure to alcohol. The Department of Health shall also

166

establish a telephone information hotline for persons to call to

167

obtain information regarding fetal alcohol spectrum disorders,

168

local licensed service providers participating in the network, or

169

the nearest Fetal Alcohol Spectrum Disorders Diagnostic and

170

Intervention Center participating in the network.

171

     (3) Licensed service providers and Fetal Alcohol Spectrum

172

Disorders Diagnostic and Intervention Centers participating in

173

the Fetal Alcohol Spectrum Disorders Prevention Network shall

174

establish a system, to be used by providers that receive state

175

funds, for assessing charges for services rendered pursuant to

176

statutorily authorized involuntary or court-ordered services in

177

accordance with a client's ability to pay.

178

     (4) The Department of Health, the Department of Children

179

and Family Services, and the Division of Alcoholic Beverages and

180

Tobacco of the Department of Business and Professional Regulation

181

shall provide access to the public information developed pursuant

182

to subsection (1) on their respective Internet websites.

183

     Section 4.  Section 397.602, Florida Statutes, is created to

184

read:

185

     397.602 Voluntary admission for fetal alcohol spectrum

186

disorders prevention.--

187

     (1) An expectant mother who requests an evaluation for the

188

necessity of counseling or treatment services to minimize the

189

risk for alcohol exposure to her unborn child may obtain that

190

evaluation at any licensed service provider or Fetal Alcohol

191

Spectrum Disorders Diagnostic and Intervention Center

192

participating in the Fetal Alcohol Spectrum Disorders Prevention

193

Network. The evaluation of the service provider must recommend

194

the least restrictive course of action, plan, or service

195

reasonably necessary to remove or minimize the risk for alcohol

196

exposure to the unborn child that is appropriate to meet the

197

needs of the expectant mother.

198

     (2)(a) The disability of minority for expectant mothers who

199

have not attained 18 years of age is removed solely for the

200

purpose of obtaining voluntary alcohol or substance abuse

201

treatment services from a licensed service provider, and consent

202

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

203

executed by a client who has reached the age of majority. Such

204

consent is not subject to later disaffirmance based on minority.

205

     (b) Except for purposes of law enforcement activities in

206

connection with protective custody, the disability of minority is

207

not removed if there is an involuntary admission for alcohol or

208

substance abuse treatment services, in which case parental

209

participation may be required as the court finds appropriate.

210

     Section 5.  Section 397.675, Florida Statutes, is amended to

211

read:

212

     397.675 Criteria for involuntary admissions, including

213

protective custody, emergency admission, and other involuntary

214

assessment, involuntary treatment, and alternative involuntary

215

assessment for minors, for purposes of assessment and

216

stabilization, and for involuntary treatment.--

217

     (1) A person meets the criteria for involuntary admission

218

if there is good faith reason to believe the person is substance

219

abuse impaired and, because of such impairment:

220

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

221

substance use; and either

222

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

223

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

224

on himself or herself or another; or

225

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

226

of substance abuse impairment, his or her judgment has been so

227

impaired that the person is incapable of appreciating his or her

228

need for such services and of making a rational decision in

229

regard thereto; however, mere refusal to receive such services

230

does not constitute evidence of lack of judgment with respect to

231

his or her need for such services.

232

     (2)(a) A person may also meet the criteria for involuntary

233

admission if the court finds that the person is an expectant

234

mother who, while knowing she is pregnant, has continued to

235

consume alcoholic beverages to such a degree that there is a

236

reasonable possibility that the unborn child, when born, may be

237

diagnosed with a fetal alcohol spectrum disorder unless the

238

expectant mother ceases the consumption of alcoholic beverages

239

and that there is good cause to believe she will continue to

240

consume alcoholic beverages if not involuntarily admitted to a

241

treatment facility. Sections 397.501 and 397.581 apply to persons

242

meeting the criteria for involuntary admission under this

243

subsection. Only licensed service providers, as defined in s.

244

397.311, that have agreed to participate in providing counseling,

245

detoxification, residential treatment, or any other licensable

246

service component listed in s. 397.311(18) to expectant mothers

247

shall be used for purposes of involuntary admission under this

248

subsection.

249

     (b) In determining whether an expectant mother meets the

250

criteria for involuntary admission under paragraph (a), a court

251

may consider the following facts in support of its findings:

252

     1. Whether the expectant mother was notified of the effects

253

of fetal alcohol spectrum disorders and was counseled against the

254

consumption of alcoholic beverages.

255

     2. Whether, after being warned against the consumption of

256

alcoholic beverages, the expectant mother continued to consume

257

alcoholic beverages.

258

     3. Whether the expectant mother has been offered and

259

refused alcohol or substance abuse treatment or, if enrolled in

260

alcohol or substance abuse treatment, failed to make a good faith

261

effort to participate in the treatment program.

262

     4. Whether the expectant mother exhibits a lack of self-

263

control in the consumption of alcoholic beverages.

264

     5. The quantity and frequency of alcoholic beverage

265

consumption by the expectant mother.

266

     6. Whether the expectant mother was recommended for alcohol

267

or substance abuse treatment prior to or during her pregnancy by

268

her physician, her spouse, or any relative or friend.

269

     7. Expert medical testimony concerning the estimated

270

alcohol-related risk to the health of the unborn child based on

271

the continued consumption of alcoholic beverages by the expectant

272

mother.

273

     8. Any other evidence the court considers relevant to

274

determining whether the involuntary admission of the expectant

275

mother is necessary to prevent her from continuing to consume

276

alcoholic beverages and whether, absent such intervention, there

277

exists a reasonable possibility that the unborn child, when born,

278

may be diagnosed with a fetal alcohol spectrum disorder.

279

     Section 6.  Subsection (1) of section 397.6772, Florida

280

Statutes, is amended to read:

281

     397.6772  Protective custody without consent.--

282

     (1)  If a person in circumstances which justify protective

283

custody as described in s. 397.677 fails or refuses to consent to

284

assistance and a law enforcement officer has determined that a

285

hospital or a licensed detoxification or addictions receiving

286

facility is the most appropriate place for the person, the

287

officer may, after giving due consideration to the expressed

288

wishes of the person:

289

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

290

detoxification or addictions receiving facility against the

291

person's will but without using unreasonable force; or

292

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

293

her own protection in any municipal or county jail or other

294

appropriate detention facility, except that an expectant mother

295

may not be detained at any municipal or county jail for purposes

296

of fetal alcohol spectrum disorders prevention.

297

298

Such detention is not to be considered an arrest for any purpose,

299

and no entry or other record may be made to indicate that the

300

person has been detained or charged with any crime. The officer

301

in charge of the detention facility must notify the nearest

302

appropriate licensed service provider within the first 8 hours

303

after detention that the person has been detained. It is the duty

304

of the detention facility to arrange, as necessary, for

305

transportation of the person to an appropriate licensed service

306

provider with an available bed. Persons taken into protective

307

custody must be assessed by the attending physician within the

308

72-hour period and without unnecessary delay, to determine the

309

need for further services.

310

     Section 7.  Section 397.6791, Florida Statutes, is amended

311

to read:

312

     397.6791  Emergency admission; persons who may

313

initiate.--The following persons may request an emergency

314

admission:

315

     (1)  In the case of an adult, the certifying physician, the

316

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

317

other responsible adult who has personal knowledge of the

318

person's substance abuse impairment.

319

     (2) In the case of an adult expectant mother consuming

320

alcoholic beverages so as to place her unborn child at risk for a

321

fetal alcohol spectrum disorder, the certifying physician joined

322

by the expectant mother's spouse, parent or guardian, or sibling,

323

provided that the certifying physician and any other person

324

joining in the request sign an affidavit stating that such

325

emergency admission is necessary to avert a substantial alcohol-

326

related risk to the health of the unborn child and that the

327

expectant mother has been offered and has refused alcohol or

328

other substance abuse treatment services.

329

     (3)(2) In the case of a minor, including any unemancipated

330

minor who is an expectant mother, the minor's parent, legal

331

guardian, or legal custodian.

332

     Section 8.  Section 397.6793, Florida Statutes, is amended

333

to read:

334

     397.6793  Physician's certificate for emergency admission.--

335

     (1)  The physician's certificate must include the name of

336

the person to be admitted, the relationship between the person

337

and the physician, the relationship between the applicant and the

338

physician, any relationship between the physician and the

339

licensed service provider, and a statement that the person has

340

been examined and assessed within 5 days before of the

341

application date, and must include factual allegations with

342

respect to the need for emergency admission, including:

343

     (a)  The reason for the physician's belief that the person

344

is substance abuse impaired; and

345

     (b)  The reason for the physician's belief that because of

346

such impairment the person has lost the power of self-control

347

with respect to substance abuse; and either

348

     (c)1.  The reason the physician believes that the person has

349

inflicted or is likely to inflict physical harm on himself or

350

herself or others unless admitted; or

351

     2.  The reason the physician believes that the person's

352

refusal to voluntarily receive care is based on judgment so

353

impaired by reason of substance abuse that the person is

354

incapable of appreciating his or her need for care and of making

355

a rational decision regarding his or her need for care.

356

     (2) When the emergency admission is for an expectant mother

357

consuming alcoholic beverages so as to place her unborn child at

358

risk for a fetal alcohol spectrum disorder, the physician's

359

certificate must include the name of the person to be admitted,

360

the relationship between the person and the physician, the

361

relationship between the applicant and the physician, any

362

relationship between the physician and the licensed service

363

provider, a statement that the person has been examined and

364

assessed within 5 days before the application date, and a

365

statement of facts based on the expectant mother's consumption of

366

alcoholic beverages that indicates the need for emergency

367

admission to avert or reduce a substantial alcohol-related risk

368

to the health of the unborn child, that the expectant mother has

369

been counseled against the consumption of alcoholic beverages

370

during pregnancy, and that she has been offered and has refused

371

alcohol or other substance abuse treatment services.

372

     (3)(2) The physician's certificate must recommend the least

373

restrictive type of service that is appropriate for the person.

374

The certificate must be signed by the physician.

375

     (4)(3) A signed copy of the physician's certificate shall

376

accompany the person, and shall be made a part of the person's

377

clinical record, together with a signed copy of the application.

378

The application and physician's certificate authorize the

379

involuntary admission of the person pursuant to, and subject to

380

the provisions of ss. 397.679-397.6797.

381

     (5)(4) The physician's certificate must indicate whether

382

the person requires transportation assistance for delivery for

383

emergency admission and specify, pursuant to s. 397.6795, the

384

type of transportation assistance necessary.

385

     Section 9.  Section 397.681, Florida Statutes, is amended to

386

read:

387

     397.681  Involuntary petitions; general provisions; court

388

jurisdiction and right to counsel.--

389

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

390

involuntary assessment and stabilization petitions and

391

involuntary treatment petitions for substance abuse impaired

392

persons, and for expectant mothers consuming alcoholic beverages

393

so as to place their unborn children at risk for fetal alcohol

394

spectrum disorders. such Petitions must be filed with the clerk

395

of the court in the county where the person is located. The chief

396

judge may appoint a general or special magistrate to preside over

397

all or part of the proceedings. The alleged impaired person is

398

named as the respondent.

399

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

400

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

401

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

402

involuntary treatment authorized in this chapter for substance

403

abuse impairment. A respondent who desires counsel and is unable

404

to afford private counsel has the right to court-appointed

405

counsel and to the benefits of s. 57.081. If the court believes

406

that the respondent needs the assistance of counsel, the court

407

shall appoint such counsel for the respondent without regard to

408

the respondent's wishes. If the respondent is a minor not

409

otherwise represented in the proceeding, the court shall

410

immediately appoint a guardian ad litem to act on the minor's

411

behalf.

412

     Section 10.  Section 397.6811, Florida Statutes, is amended

413

to read:

414

     397.6811  Involuntary assessment and stabilization.--A

415

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

416

involuntary admission under s. 397.675 may be admitted for a

417

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

418

facility or addictions receiving facility, for involuntary

419

assessment and stabilization or to a less restrictive component

420

of a licensed service provider for assessment only upon entry of

421

a court order or upon receipt by the licensed service provider of

422

a petition. Involuntary assessment and stabilization may be

423

initiated by the submission of a petition to the court.

424

     (1)  If the person upon whose behalf the petition is being

425

filed is an adult, a petition for involuntary assessment and

426

stabilization may be filed by the respondent's spouse or

427

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

428

licensed service provider or the director's designee, or any

429

three adults who have personal knowledge of the respondent's

430

substance abuse impairment. If the person upon whose behalf the

431

petition is being filed is an adult expectant mother consuming

432

alcoholic beverages so as to place her unborn child at risk for a

433

fetal alcohol spectrum disorder, a petition for involuntary

434

assessment and stabilization may be filed by the respondent's

435

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

436

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

437

filed is a minor, including any unemancipated minor who is an

438

expectant mother, a petition for involuntary assessment and

439

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

440

custodian, or licensed service provider.

441

     Section 11.  Section 397.6814, Florida Statutes, is amended

442

to read:

443

     397.6814  Involuntary assessment and stabilization; contents

444

of petition.--

445

     (1) A petition for involuntary assessment and stabilization

446

must contain the name of the respondent; the name of the

447

applicant or applicants; the relationship between the respondent

448

and the applicant; the name of the respondent's attorney, if

449

known, and a statement of the respondent's ability to afford an

450

attorney; and must state facts to support the need for

451

involuntary assessment and stabilization, including:

452

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

453

respondent is substance abuse impaired; and

454

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

455

of such impairment the respondent has lost the power of self-

456

control with respect to substance abuse; and either

457

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

458

respondent has inflicted or is likely to inflict physical harm on

459

himself or herself or others unless admitted; or

460

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

461

respondent's refusal to voluntarily receive care is based on

462

judgment so impaired by reason of substance abuse that the

463

respondent is incapable of appreciating his or her need for care

464

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

465

If the respondent has refused to submit to an assessment, such

466

refusal must be alleged in the petition.

467

     (2) When a petition for involuntary assessment and

468

stabilization is for an expectant mother consuming alcoholic

469

beverages so as to place her unborn child at risk for a fetal

470

alcohol spectrum disorder, the petition must contain the name of

471

the person to be assessed, the relationship between the person

472

and the physician, the relationship between the applicant and the

473

physician, any relationship between the physician and the

474

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

475

expectant mother's consumption of alcoholic beverages that

476

indicates the need for involuntary assessment and stabilization

477

to avert or reduce a substantial alcohol-related risk to the

478

health of her unborn child, that the expectant mother has been

479

counseled against the consumption of alcoholic beverages during

480

pregnancy, and that she has been offered and has refused alcohol

481

or other substance abuse treatment services.

482

     Section 12.  Section 397.6815, Florida Statutes, is amended

483

to read:

484

     397.6815  Involuntary assessment and stabilization;

485

procedure.--Upon receipt and filing by the clerk of the court of

486

the petition for the involuntary assessment and stabilization of

487

a substance abuse impaired person or an expectant mother

488

consuming alcoholic beverages so as to place her unborn child at

489

risk for a fetal alcohol spectrum disorder by the clerk of the

490

court, the court shall ascertain whether the respondent is

491

represented by an attorney, and if not, whether, on the basis of

492

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

493

     (1)  Provide a copy of the petition and notice of hearing to

494

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

495

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

496

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

497

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

498

have such petition and notice personally delivered to the

499

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

500

summons to the person whose admission is sought and conduct a

501

hearing within 10 days; or

502

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

503

solely on the contents of the petition, enter an ex parte order

504

authorizing the involuntary assessment and stabilization of the

505

respondent. The court may order a law enforcement officer or

506

other designated agent of the court to take the respondent into

507

custody and deliver him or her to the nearest appropriate

508

licensed service provider.

509

     Section 13.  Section 397.695, Florida Statutes, is amended

510

to read:

511

     397.695  Involuntary treatment; persons who may petition.--

512

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

513

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

514

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

515

who have personal knowledge of the respondent's substance abuse

516

impairment and his or her prior course of assessment and

517

treatment. If the respondent on whose behalf the petition is

518

being filed is an adult expectant mother consuming alcoholic

519

beverages so as to place her unborn child at risk for a fetal

520

alcohol spectrum disorder, a petition for involuntary treatment

521

may be filed by the respondent's spouse, parent or guardian, or

522

sibling and joined by a physician.

523

     (2) If the respondent is a minor, including any

524

unemancipated minor who is an expectant mother, a petition for

525

involuntary treatment may be filed by a parent, legal guardian,

526

or service provider.

527

     Section 14.  Section 397.6951, Florida Statutes, is amended

528

to read:

529

     397.6951  Contents of petition for involuntary treatment.--

530

     (1) A petition for involuntary treatment must contain the

531

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

532

or petitioners; the relationship between the respondent and the

533

petitioner; the name of the respondent's attorney, if known, and

534

a statement of the petitioner's knowledge of the respondent's

535

ability to afford an attorney; the findings and recommendations

536

of the assessment performed by the qualified professional; and

537

the factual allegations presented by the petitioner establishing

538

the need for involuntary treatment, including:

539

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

540

respondent is substance abuse impaired; and

541

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

542

of such impairment the respondent has lost the power of self-

543

control with respect to substance abuse; and either

544

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

545

respondent has inflicted or is likely to inflict physical harm on

546

himself or herself or others unless admitted; or

547

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

548

respondent's refusal to voluntarily receive care is based on

549

judgment so impaired by reason of substance abuse that the

550

respondent is incapable of appreciating his or her need for care

551

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

552

     (2) When a petition for involuntary treatment is for an

553

expectant mother consuming alcoholic beverages so as to place her

554

unborn child at risk for a fetal alcohol spectrum disorder, the

555

petition must contain the name of the person to be assessed, the

556

relationship between the person and the physician, the

557

relationship between the applicant and the physician, any

558

relationship between the physician and the licensed service

559

provider, and a statement of facts based on the expectant

560

mother's consumption of alcoholic beverages that indicate the

561

need for involuntary treatment to avert or reduce a substantial

562

alcohol-related risk to the health of her unborn child, that the

563

expectant mother has been counseled against the consumption of

564

alcoholic beverages during pregnancy, and that she has been

565

offered and has refused alcohol or other substance abuse

566

treatment services.

567

     Section 15.  Section 397.6955, Florida Statutes, is amended

568

to read:

569

     397.6955  Duties of court upon filing of petition for

570

involuntary treatment.--Upon the filing with the clerk of the

571

court of a petition for the involuntary treatment of a substance

572

abuse impaired person or an expectant mother consuming alcoholic

573

beverages so as to place her unborn child at risk for a fetal

574

alcohol spectrum disorder with the clerk of the court, the court

575

shall immediately determine whether the respondent is represented

576

by an attorney or whether the appointment of counsel for the

577

respondent is appropriate. The court shall schedule a hearing to

578

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

579

and notice of the hearing must be provided to the respondent; the

580

respondent's parent, guardian, or legal custodian, in the case of

581

a minor; the respondent's attorney, if known; the petitioner; the

582

respondent's spouse or guardian, if applicable; and such other

583

persons as the court may direct, and have such petition and order

584

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

585

The court shall also issue a summons to the person whose

586

admission is sought.

587

     Section 16.  Section 397.6957, Florida Statutes, is amended

588

to read:

589

     397.6957  Hearing on petition for involuntary treatment.--

590

     (1)  At a hearing on a petition for involuntary treatment,

591

the court shall hear and review all relevant evidence, including

592

the review of results of the assessment completed by the

593

qualified professional in connection with the respondent's

594

protective custody, emergency admission, involuntary assessment,

595

or alternative involuntary admission. The respondent must be

596

present unless the court finds that his or her presence is likely

597

to be injurious to himself or herself or others, in which event

598

the court must appoint a guardian advocate to act in behalf of

599

the respondent throughout the proceedings.

600

     (2) For a petition seeking treatment based on substance

601

abuse impairment, the petitioner has the burden of proving by

602

clear and convincing evidence:

603

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

604

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

605

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

606

     (c)1. The respondent has inflicted or is likely to inflict

607

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

608

     2.  The respondent's refusal to voluntarily receive care is

609

based on judgment so impaired by reason of substance abuse that

610

the respondent is incapable of appreciating his or her need for

611

care and of making a rational decision regarding that need for

612

care.

613

     (3) For a petition seeking treatment of an expectant mother

614

consuming alcoholic beverages so as to place her unborn child at

615

risk for a fetal alcohol spectrum disorder, the petitioner has

616

the burden of proving by clear and convincing evidence that the

617

expectant mother, while knowing she is pregnant, has continued to

618

consume alcoholic beverages to such a degree that there is a

619

reasonable possibility that the unborn child, when born, may be

620

diagnosed with a fetal alcohol spectrum disorder unless the

621

expectant mother ceases the consumption of alcoholic beverages

622

and there is good cause to believe she will continue to consume

623

alcoholic beverages if not involuntarily admitted to a treatment

624

facility.

625

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

626

either dismiss the petition or order the respondent to undergo

627

involuntary substance abuse treatment, with the respondent's

628

chosen licensed service provider to deliver the involuntary

629

substance abuse treatment where possible and appropriate.

630

     Section 17.  Section 397.697, Florida Statutes, is amended

631

to read:

632

     397.697  Court determination; effect of court order for

633

involuntary substance abuse treatment.--

634

     (1)  When the court finds that the conditions for

635

involuntary substance abuse treatment have been proved by clear

636

and convincing evidence, it may order the respondent to undergo

637

involuntary treatment by a licensed service provider for a period

638

not to exceed 60 days. If the court finds it necessary, it may

639

direct the sheriff to take the respondent into custody and

640

deliver him or her to the licensed service provider specified in

641

the court order, or to the nearest appropriate licensed service

642

provider, for involuntary treatment. When the conditions

643

justifying involuntary treatment no longer exist, the client must

644

be released as provided in s. 397.6971. When the conditions

645

justifying involuntary treatment are expected to exist after 60

646

days of treatment, a renewal of the involuntary treatment order

647

may be requested pursuant to s. 397.6975 prior to the end of the

648

60-day period.

649

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

650

substance abuse treatment, the court shall retain jurisdiction

651

over the case and the parties for the entry of such further

652

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

653

for notification of proposed release must be included in the

654

original treatment order.

655

     (3)  An involuntary treatment order authorizes the licensed

656

service provider to require the client to undergo such treatment

657

as will benefit him or her, including treatment at any licensable

658

service component of a licensed service provider.

659

     Section 18.  Effective October 1, 2008, section 562.063,

660

Florida Statutes, is created to read:

661

     562.063 Health warning signs; posting requirement;

662

penalty.--

663

     (1)(a) Each vendor licensed to sell alcoholic beverages for

664

consumption on or off the vendor's premises shall cause a health

665

warning sign that complies with the provisions of paragraph (b)

666

to be posted on the licensed premises where alcoholic beverages

667

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

668

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

669

visible to the patrons of the licensed vendor.

670

     (b) Each sign required to be posted pursuant to paragraph

671

(a) must be posted in English, Spanish, and other languages, as

672

appropriate to the area; must be at least 12 inches by 18 inches

673

in size; must be laminated for durability and neatness; and must

674

read as follows:

675

676

HEALTH WARNING

677

     ALCOHOL IN BEER, COOLERS, WINE, AND LIQUOR CAN CAUSE:

678

     1. FETAL ALCOHOL SYNDROME AND BIRTH DEFECTS. DO NOT DRINK

679

DURING PREGNANCY.

680

     2. DRUNK DRIVING. DO NOT DRINK BEFORE DRIVING A CAR,

681

OPERATING A BOAT, OR OPERATING MACHINERY.

682

     3. ADDICTION.

683

     4. DEATH. DO NOT MIX ALCOHOL WITH OTHER DRUGS, INCLUDING

684

PRESCRIPTION OR ILLEGAL DRUGS. THE COMBINATION CAN BE FATAL.

685

686

     (c) The division shall produce health warning signs that

687

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

688

licensed vendors operating establishments that sell alcoholic

689

beverages for consumption on or off the premises. The division

690

shall impose a fee and collect from each vendor an amount

691

sufficient to cover the costs of printing and delivering the

692

signs.

693

     (2) A vendor of alcoholic beverages may not sell any

694

alcoholic beverage unless the vendor has properly posted the

695

health warning signs required under subsection (1). Any vendor

696

who violates this subsection commits a misdemeanor of the second

697

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

698

     Section 19. The Division of Alcoholic Beverages and Tobacco

699

of the Department of Business and Professional Regulation shall

700

produce and distribute health warning signs in compliance with s.

701

562.063, Florida Statutes, as created by this act.

702

     Section 20.  For the purpose of incorporating the amendment

703

made by this act to section 397.675, Florida Statutes, in a

704

reference thereto, subsection (1) of section 397.6773, Florida

705

Statutes, is reenacted to read:

706

     397.6773  Dispositional alternatives after protective

707

custody.--

708

     (1)  A client who is in protective custody must be released

709

by a qualified professional when:

710

     (a)  The client no longer meets the involuntary admission

711

criteria in s. 397.675(1);

712

     (b)  The 72-hour period has elapsed; or

713

     (c)  The client has consented to remain voluntarily at the

714

licensed service provider.

715

     Section 21. Establishment of Fetal Alcohol Spectrum

716

Disorders Diagnostic and Intervention Centers; professional

717

training.--The Department of Health shall establish Fetal Alcohol

718

Spectrum Disorders Diagnostic and Intervention Centers and

719

develop and provide professional training for Healthy Families,

720

Healthy Start, child protection, child care, domestic violence

721

prevention, behavioral health care, education, and physical

722

health care professionals as well as any other groups working

723

with children or pregnant women. The Fetal Alcohol Spectrum

724

Disorders Diagnostic and Intervention Centers shall be located in

725

Sarasota, Hillsborough, Duval, and Miami-Dade Counties and in

726

other counties as the need arises and there are sufficient funds

727

to provide staff for the centers.

728

     Section 22. For the purpose of implementing this act for

729

the 2008-2009 fiscal year:

730

     (1) The sum of $15,558,000 is appropriated from the General

731

Revenue Fund to the Department of Children and Family Services.

732

     (2) The sum of $2,105,000 is appropriated from the General

733

Revenue Fund to the Department of Health.

734

     Section 23.  Except as otherwise expressly provided in this

735

act, this act shall take effect July 1, 2008.