HB 25

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
73	in a current rate of 26.8 infants with Fetal Alcohol Syndrome
74	for every 10,000 births, and each of these infants represents a
75	cost 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,
85	results in as many as 270 infants with fetal alcohol spectrum
86	disorders for every 10,000 births, and
87	WHEREAS, according to the National Institute of Health,
88	only 39 percent of women of childbearing age know about fetal
89	alcohol 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
102	pregnant women found to be under the influence of alcohol and to
103	further require the posting of health warning signs about fetal
104	alcohol spectrum disorders on the premises of package alcoholic
105	beverage 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
117	well 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
126	developing fetus from the detrimental effects of alcohol
127	consumption by an 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
155	disorders on the affected person, his or her family, and the
156	citizens of 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
165	of prenatal exposure to alcohol. The Department of Health shall
166	also establish a telephone information hotline for persons to
167	call to obtain information regarding fetal alcohol spectrum
168	disorders, local licensed service providers participating in the
169	network, or the nearest Fetal Alcohol Spectrum Disorders
170	Diagnostic and 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
181	Regulation shall provide access to the public information
182	developed pursuant to subsection (1) on their respective
183	Internet websites.
184	Section 4.  Section 397.602, Florida Statutes, is created
185	to read:
186	397.602  Voluntary admission for fetal alcohol spectrum
187	disorders prevention.--
188	(1)  An expectant mother who requests an evaluation for the
189	necessity of counseling or treatment services to minimize the
190	risk for alcohol exposure to her unborn child may obtain that
191	evaluation at any licensed service provider or Fetal Alcohol
192	Spectrum Disorders Diagnostic and Intervention Center
193	participating in the Fetal Alcohol Spectrum Disorders Prevention
194	Network. The evaluation of the service provider must recommend
195	the least restrictive course of action, plan, or service
196	reasonably necessary to remove or minimize the risk for alcohol
197	exposure to the unborn child that is appropriate to meet the
198	needs of the expectant mother.
199	(2)(a)  The disability of minority for expectant mothers
200	who have not attained 18 years of age is removed solely for the
201	purpose of obtaining voluntary alcohol or substance abuse
202	treatment services from a licensed service provider, and consent
203	to such services by a minor has the same force and effect as if
204	executed by a client who has reached the age of majority. Such
205	consent is not subject to later disaffirmance based on minority.
206	(b)  Except for purposes of law enforcement activities in
207	connection with protective custody, the disability of minority
208	is not removed if there is an involuntary admission for alcohol
209	or substance abuse treatment services, in which case parental
210	participation may be required as the court finds appropriate.
211	Section 5.  Section 397.675, Florida Statutes, is amended
212	to read:
213	397.675  Criteria for involuntary admissions, including
214	protective custody, emergency admission, and other involuntary
215	assessment, involuntary treatment, and alternative involuntary
216	assessment for minors, for purposes of assessment and
217	stabilization, and for involuntary treatment.--
218	(1)  A person meets the criteria for involuntary admission
219	if there is good faith reason to believe the person is substance
220	abuse impaired and, because of such impairment:
221	(a)(1)  Has lost the power of self-control with respect to
222	substance use; and either
223	(b)1.(2)(a)  Has inflicted, or threatened or attempted to
224	inflict, or unless admitted is likely to inflict, physical harm
225	on himself or herself or another; or
226	2.(b)  Is in need of substance abuse services and, by
227	reason of substance abuse impairment, his or her judgment has
228	been so impaired that the person is incapable of appreciating
229	his or her need for such services and of making a rational
230	decision in regard thereto; however, mere refusal to receive
231	such services does not constitute evidence of lack of judgment
232	with respect to his or her need for such services.
233	(2)(a)  A person may also meet the criteria for involuntary
234	admission if the court finds that the person is an expectant
235	mother who, while knowing she is pregnant, has continued to
236	consume alcoholic beverages to such a degree that there is a
237	reasonable possibility that the unborn child, when born, may be
238	diagnosed with a fetal alcohol spectrum disorder unless the
239	expectant mother ceases the consumption of alcoholic beverages
240	and that there is good cause to believe she will continue to
241	consume alcoholic beverages if not involuntarily admitted to a
242	treatment facility. Sections 397.501 and 397.581 apply to
243	persons meeting the criteria for involuntary admission under
244	this subsection. Only licensed service providers, as defined in
245	s. 397.311, that have agreed to participate in providing
246	counseling, detoxification, residential treatment, or any other
247	licensable service component listed in s. 397.311(18) to
248	expectant mothers shall be used for purposes of involuntary
249	admission under this subsection.
250	(b)  In determining whether an expectant mother meets the
251	criteria for involuntary admission under paragraph (a), a court
252	may consider the following facts in support of its findings:
253	1.  Whether the expectant mother was notified of the
254	effects of fetal alcohol spectrum disorders and was counseled
255	against the consumption of alcoholic beverages.
256	2.  Whether, after being warned against the consumption of
257	alcoholic beverages, the expectant mother continued to consume
258	alcoholic beverages.
259	3.  Whether the expectant mother has been offered and
260	refused alcohol or substance abuse treatment or, if enrolled in
261	alcohol or substance abuse treatment, failed to make a good
262	faith effort to participate in the treatment program.
263	4.  Whether the expectant mother exhibits a lack of self-
264	control in the consumption of alcoholic beverages.
265	5.  The quantity and frequency of alcoholic beverage
266	consumption by the expectant mother.
267	6.  Whether the expectant mother was recommended for
268	alcohol or substance abuse treatment prior to or during her
269	pregnancy by her physician, her spouse, or any relative or
270	friend.
271	7.  Expert medical testimony concerning the estimated
272	alcohol-related risk to the health of the unborn child based on
273	the continued consumption of alcoholic beverages by the
274	expectant mother.
275	8.  Any other evidence the court considers relevant to
276	determining whether the involuntary admission of the expectant
277	mother is necessary to prevent her from continuing to consume
278	alcoholic beverages and whether, absent such intervention, there
279	exists a reasonable possibility that the unborn child, when
280	born, may be diagnosed with a fetal alcohol spectrum disorder.
281	Section 6.  Subsection (1) of section 397.6772, Florida
282	Statutes, is amended to read:
283	397.6772  Protective custody without consent.--
284	(1)  If a person in circumstances which justify protective
285	custody as described in s. 397.677 fails or refuses to consent
286	to assistance and a law enforcement officer has determined that
287	a hospital or a licensed detoxification or addictions receiving
288	facility is the most appropriate place for the person, the
289	officer may, after giving due consideration to the expressed
290	wishes of the person:
291	(a)  Take the person to a hospital or to a licensed
292	detoxification or addictions receiving facility against the
293	person's will but without using unreasonable force; or
294	(b)  In the case of an adult, detain the person for his or
295	her own protection in any municipal or county jail or other
296	appropriate detention facility, except that an expectant mother
297	may not be detained at any municipal or county jail for purposes
298	of fetal alcohol spectrum disorders prevention.
299
300	Such detention is not to be considered an arrest for any
301	purpose, and no entry or other record may be made to indicate
302	that the person has been detained or charged with any crime. The
303	officer in charge of the detention facility must notify the
304	nearest appropriate licensed service provider within the first 8
305	hours after detention that the person has been detained. It is
306	the duty of the detention facility to arrange, as necessary, for
307	transportation of the person to an appropriate licensed service
308	provider with an available bed. Persons taken into protective
309	custody must be assessed by the attending physician within the
310	72-hour period and without unnecessary delay, to determine the
311	need for further services.
312	Section 7.  Section 397.6791, Florida Statutes, is amended
313	to read:
314	397.6791  Emergency admission; persons who may
315	initiate.--The following persons may request an emergency
316	admission:
317	(1)  In the case of an adult, the certifying physician, the
318	person's spouse or guardian, any relative of the person, or any
319	other responsible adult who has personal knowledge of the
320	person's substance abuse impairment.
321	(2)  In the case of an adult expectant mother consuming
322	alcoholic beverages so as to place her unborn child at risk for
323	a fetal alcohol spectrum disorder, the certifying physician
324	joined by the expectant mother's spouse, parent or guardian, or
325	sibling, provided that the certifying physician and any other
326	person joining in the request sign an affidavit stating that
327	such emergency admission is necessary to avert a substantial
328	alcohol-related risk to the health of the unborn child and that
329	the expectant mother has been offered and has refused alcohol or
330	other substance abuse treatment services.
331	(3)(2)  In the case of a minor, including any unemancipated
332	minor who is an expectant mother, the minor's parent, legal
333	guardian, or legal custodian.
334	Section 8.  Section 397.6793, Florida Statutes, is amended
335	to read:
336	397.6793  Physician's certificate for emergency
337	admission.--
338	(1)  The physician's certificate must include the name of
339	the person to be admitted, the relationship between the person
340	and the physician, the relationship between the applicant and
341	the physician, any relationship between the physician and the
342	licensed service provider, and a statement that the person has
343	been examined and assessed within 5 days before of the
344	application date, and must include factual allegations with
345	respect to the need for emergency admission, including:
346	(a)  The reason for the physician's belief that the person
347	is substance abuse impaired; and
348	(b)  The reason for the physician's belief that because of
349	such impairment the person has lost the power of self-control
350	with respect to substance abuse; and either
351	(c)1.  The reason the physician believes that the person
352	has inflicted or is likely to inflict physical harm on himself
353	or herself or others unless admitted; or
354	2.  The reason the physician believes that the person's
355	refusal to voluntarily receive care is based on judgment so
356	impaired by reason of substance abuse that the person is
357	incapable of appreciating his or her need for care and of making
358	a rational decision regarding his or her need for care.
359	(2)  When the emergency admission is for an expectant
360	mother consuming alcoholic beverages so as to place her unborn
361	child at risk for a fetal alcohol spectrum disorder, the
362	physician's certificate must include the name of the person to
363	be admitted, the relationship between the person and the
364	physician, the relationship between the applicant and the
365	physician, any relationship between the physician and the
366	licensed service provider, a statement that the person has been
367	examined and assessed within 5 days before the application date,
368	and a statement of facts based on the expectant mother's
369	consumption of alcoholic beverages that indicates the need for
370	emergency admission to avert or reduce a substantial alcohol-
371	related risk to the health of the unborn child, that the
372	expectant mother has been counseled against the consumption of
373	alcoholic beverages during pregnancy, and that she has been
374	offered and has refused alcohol or other substance abuse
375	treatment services.
376	(3)(2)  The physician's certificate must recommend the
377	least restrictive type of service that is appropriate for the
378	person. The certificate must be signed by the physician.
379	(4)(3)  A signed copy of the physician's certificate shall
380	accompany the person, and shall be made a part of the person's
381	clinical record, together with a signed copy of the application.
382	The application and physician's certificate authorize the
383	involuntary admission of the person pursuant to, and subject to
384	the provisions of ss. 397.679-397.6797.
385	(5)(4)  The physician's certificate must indicate whether
386	the person requires transportation assistance for delivery for
387	emergency admission and specify, pursuant to s. 397.6795, the
388	type of transportation assistance necessary.
389	Section 9.  Section 397.681, Florida Statutes, is amended
390	to read:
391	397.681  Involuntary petitions; general provisions; court
392	jurisdiction and right to counsel.--
393	(1)  JURISDICTION.--The courts have jurisdiction of
394	involuntary assessment and stabilization petitions and
395	involuntary treatment petitions for substance abuse impaired
396	persons, and for expectant mothers consuming alcoholic beverages
397	so as to place their unborn children at risk for fetal alcohol
398	spectrum disorders. such Petitions must be filed with the clerk
399	of the court in the county where the person is located. The
400	chief judge may appoint a general or special magistrate to
401	preside over all or part of the proceedings. The alleged
402	impaired person is named as the respondent.
403	(2)  RIGHT TO COUNSEL.--A respondent has the right to
404	counsel at every stage of a proceeding relating to a petition
405	for his or her involuntary assessment and a petition for his or
406	her involuntary treatment authorized in this chapter for
407	substance abuse impairment. A respondent who desires counsel and
408	is unable to afford private counsel has the right to court-
409	appointed counsel and to the benefits of s. 57.081. If the court
410	believes that the respondent needs the assistance of counsel,
411	the court shall appoint such counsel for the respondent without
412	regard to the respondent's wishes. If the respondent is a minor
413	not otherwise represented in the proceeding, the court shall
414	immediately appoint a guardian ad litem to act on the minor's
415	behalf.
416	Section 10.  Section 397.6811, Florida Statutes, is amended
417	to read:
418	397.6811  Involuntary assessment and stabilization.--A
419	person determined by the court to appear to meet the criteria
420	for involuntary admission under s. 397.675 may be admitted for a
421	period of 5 days to a hospital or to a licensed detoxification
422	facility or addictions receiving facility, for involuntary
423	assessment and stabilization or to a less restrictive component
424	of a licensed service provider for assessment only upon entry of
425	a court order or upon receipt by the licensed service provider
426	of a petition. Involuntary assessment and stabilization may be
427	initiated by the submission of a petition to the court.
428	(1)  If the person upon whose behalf the petition is being
429	filed is an adult, a petition for involuntary assessment and
430	stabilization may be filed by the respondent's spouse or
431	guardian, any relative, a private practitioner, the director of
432	a licensed service provider or the director's designee, or any
433	three adults who have personal knowledge of the respondent's
434	substance abuse impairment. If the person upon whose behalf the
435	petition is being filed is an adult expectant mother consuming
436	alcoholic beverages so as to place her unborn child at risk for
437	a fetal alcohol spectrum disorder, a petition for involuntary
438	assessment and stabilization may be filed by the respondent's
439	spouse, parent or guardian, or sibling and joined by a
440	physician.
441	(2)  If the person upon whose behalf the petition is being
442	filed is a minor, including any unemancipated minor who is an
443	expectant mother, a petition for involuntary assessment and
444	stabilization may be filed by a parent, legal guardian, legal
445	custodian, or licensed service provider.
446	Section 11.  Section 397.6814, Florida Statutes, is amended
447	to read:
448	397.6814  Involuntary assessment and stabilization;
449	contents of petition.--
450	(1)  A petition for involuntary assessment and
451	stabilization must contain the name of the respondent; the name
452	of the applicant or applicants; the relationship between the
453	respondent and the applicant; the name of the respondent's
454	attorney, if known, and a statement of the respondent's ability
455	to afford an attorney; and must state facts to support the need
456	for involuntary assessment and stabilization, including:
457	(a)(1)  The reason for the petitioner's belief that the
458	respondent is substance abuse impaired; and
459	(b)(2)  The reason for the petitioner's belief that because
460	of such impairment the respondent has lost the power of self-
461	control with respect to substance abuse; and either
462	(c)1.(3)(a)  The reason the petitioner believes that the
463	respondent has inflicted or is likely to inflict physical harm
464	on himself or herself or others unless admitted; or
465	2.(b)  The reason the petitioner believes that the
466	respondent's refusal to voluntarily receive care is based on
467	judgment so impaired by reason of substance abuse that the
468	respondent is incapable of appreciating his or her need for care
469	and of making a rational decision regarding that need for care.
470	If the respondent has refused to submit to an assessment, such
471	refusal must be alleged in the petition.
472	(2)  When a petition for involuntary assessment and
473	stabilization is for an expectant mother consuming alcoholic
474	beverages so as to place her unborn child at risk for a fetal
475	alcohol spectrum disorder, the petition must contain the name of
476	the person to be assessed, the relationship between the person
477	and the physician, the relationship between the applicant and
478	the physician, any relationship between the physician and the
479	licensed service provider, and a statement of facts based on the
480	expectant mother's consumption of alcoholic beverages that
481	indicates the need for involuntary assessment and stabilization
482	to avert or reduce a substantial alcohol-related risk to the
483	health of her unborn child, that the expectant mother has been
484	counseled against the consumption of alcoholic beverages during
485	pregnancy, and that she has been offered and has refused alcohol
486	or other substance abuse treatment services.
487	Section 12.  Section 397.6815, Florida Statutes, is amended
488	to read:
489	397.6815  Involuntary assessment and stabilization;
490	procedure.--Upon receipt and filing by the clerk of the court of
491	the petition for the involuntary assessment and stabilization of
492	a substance abuse impaired person or an expectant mother
493	consuming alcoholic beverages so as to place her unborn child at
494	risk for a fetal alcohol spectrum disorder by the clerk of the
495	court, the court shall ascertain whether the respondent is
496	represented by an attorney, and if not, whether, on the basis of
497	the petition, an attorney should be appointed; and shall:
498	(1)  Provide a copy of the petition and notice of hearing
499	to the respondent; the respondent's parent, guardian, or legal
500	custodian, in the case of a minor; the respondent's attorney, if
501	known; the petitioner; the respondent's spouse or guardian, if
502	applicable; and such other persons as the court may direct, and
503	have such petition and notice personally delivered to the
504	respondent if he or she is a minor. The court shall also issue a
505	summons to the person whose admission is sought and conduct a
506	hearing within 10 days; or
507	(2)  Without the appointment of an attorney and, relying
508	solely on the contents of the petition, enter an ex parte order
509	authorizing the involuntary assessment and stabilization of the
510	respondent. The court may order a law enforcement officer or
511	other designated agent of the court to take the respondent into
512	custody and deliver him or her to the nearest appropriate
513	licensed service provider.
514	Section 13.  Section 397.695, Florida Statutes, is amended
515	to read:
516	397.695  Involuntary treatment; persons who may petition.--
517	(1)  If the respondent is an adult, a petition for
518	involuntary treatment may be filed by the respondent's spouse or
519	guardian, any relative, a service provider, or any three adults
520	who have personal knowledge of the respondent's substance abuse
521	impairment and his or her prior course of assessment and
522	treatment. If the respondent on whose behalf the petition is
523	being filed is an adult expectant mother consuming alcoholic
524	beverages so as to place her unborn child at risk for a fetal
525	alcohol spectrum disorder, a petition for involuntary treatment
526	may be filed by the respondent's spouse, parent or guardian, or
527	sibling and joined by a physician.
528	(2)  If the respondent is a minor, including any
529	unemancipated minor who is an expectant mother, a petition for
530	involuntary treatment may be filed by a parent, legal guardian,
531	or service provider.
532	Section 14.  Section 397.6951, Florida Statutes, is amended
533	to read:
534	397.6951  Contents of petition for involuntary treatment.--
535	(1)  A petition for involuntary treatment must contain the
536	name of the respondent to be admitted; the name of the
537	petitioner or petitioners; the relationship between the
538	respondent and the petitioner; the name of the respondent's
539	attorney, if known, and a statement of the petitioner's
540	knowledge of the respondent's ability to afford an attorney; the
541	findings and recommendations of the assessment performed by the
542	qualified professional; and the factual allegations presented by
543	the petitioner establishing the need for involuntary treatment,
544	including:
545	(a)(1)  The reason for the petitioner's belief that the
546	respondent is substance abuse impaired; and
547	(b)(2)  The reason for the petitioner's belief that because
548	of such impairment the respondent has lost the power of self-
549	control with respect to substance abuse; and either
550	(c)1.(3)(a)  The reason the petitioner believes that the
551	respondent has inflicted or is likely to inflict physical harm
552	on himself or herself or others unless admitted; or
553	2.(b)  The reason the petitioner believes that the
554	respondent's refusal to voluntarily receive care is based on
555	judgment so impaired by reason of substance abuse that the
556	respondent is incapable of appreciating his or her need for care
557	and of making a rational decision regarding that need for care.
558	(2)  When a petition for involuntary treatment is for an
559	expectant mother consuming alcoholic beverages so as to place
560	her unborn child at risk for a fetal alcohol spectrum disorder,
561	the petition must contain the name of the person to be assessed,
562	the relationship between the person and the physician, the
563	relationship between the applicant and the physician, any
564	relationship between the physician and the licensed service
565	provider, and a statement of facts based on the expectant
566	mother's consumption of alcoholic beverages that indicate the
567	need for involuntary treatment to avert or reduce a substantial
568	alcohol-related risk to the health of her unborn child, that the
569	expectant mother has been counseled against the consumption of
570	alcoholic beverages during pregnancy, and that she has been
571	offered and has refused alcohol or other substance abuse
572	treatment services.
573	Section 15.  Section 397.6955, Florida Statutes, is amended
574	to read:
575	397.6955  Duties of court upon filing of petition for
576	involuntary treatment.--Upon the filing with the clerk of the
577	court of a petition for the involuntary treatment of a substance
578	abuse impaired person or an expectant mother consuming alcoholic
579	beverages so as to place her unborn child at risk for a fetal
580	alcohol spectrum disorder with the clerk of the court, the court
581	shall immediately determine whether the respondent is
582	represented by an attorney or whether the appointment of counsel
583	for the respondent is appropriate. The court shall schedule a
584	hearing to be held on the petition within 10 days. A copy of the
585	petition and notice of the hearing must be provided to the
586	respondent; the respondent's parent, guardian, or legal
587	custodian, in the case of a minor; the respondent's attorney, if
588	known; the petitioner; the respondent's spouse or guardian, if
589	applicable; and such other persons as the court may direct, and
590	have such petition and order personally delivered to the
591	respondent if he or she is a minor. The court shall also issue a
592	summons to the person whose admission is sought.
593	Section 16.  Section 397.6957, Florida Statutes, is amended
594	to read:
595	397.6957  Hearing on petition for involuntary treatment.--
596	(1)  At a hearing on a petition for involuntary treatment,
597	the court shall hear and review all relevant evidence, including
598	the review of results of the assessment completed by the
599	qualified professional in connection with the respondent's
600	protective custody, emergency admission, involuntary assessment,
601	or alternative involuntary admission. The respondent must be
602	present unless the court finds that his or her presence is
603	likely to be injurious to himself or herself or others, in which
604	event the court must appoint a guardian advocate to act in
605	behalf of the respondent throughout the proceedings.
606	(2)  For a petition seeking treatment based on substance
607	abuse impairment, the petitioner has the burden of proving by
608	clear and convincing evidence:
609	(a)  The respondent is substance abuse impaired;, and
610	(b)  Because of such impairment, the respondent has lost
611	the power of self-control with respect to substance abuse; and
612	either
613	(c)1.  The respondent has inflicted or is likely to inflict
614	physical harm on himself or herself or others unless admitted;
615	or
616	2.  The respondent's refusal to voluntarily receive care is
617	based on judgment so impaired by reason of substance abuse that
618	the respondent is incapable of appreciating his or her need for
619	care and of making a rational decision regarding that need for
620	care.
621	(3)  For a petition seeking treatment of an expectant
622	mother consuming alcoholic beverages so as to place her unborn
623	child at risk for a fetal alcohol spectrum disorder, the
624	petitioner has the burden of proving by clear and convincing
625	evidence that the expectant mother, while knowing she is
626	pregnant, has continued to consume alcoholic beverages to such a
627	degree that there is a reasonable possibility that the unborn
628	child, when born, may be diagnosed with a fetal alcohol spectrum
629	disorder unless the expectant mother ceases the consumption of
630	alcoholic beverages and there is good cause to believe she will
631	continue to consume alcoholic beverages if not involuntarily
632	admitted to a treatment facility.
633	(4)(3)  At the conclusion of the hearing the court shall
634	either dismiss the petition or order the respondent to undergo
635	involuntary substance abuse treatment, with the respondent's
636	chosen licensed service provider to deliver the involuntary
637	substance abuse treatment where possible and appropriate.
638	Section 17.  Section 397.697, Florida Statutes, is amended
639	to read:
640	397.697  Court determination; effect of court order for
641	involuntary substance abuse treatment.--
642	(1)  When the court finds that the conditions for
643	involuntary substance abuse treatment have been proved by clear
644	and convincing evidence, it may order the respondent to undergo
645	involuntary treatment by a licensed service provider for a
646	period not to exceed 60 days. If the court finds it necessary,
647	it may direct the sheriff to take the respondent into custody
648	and deliver him or her to the licensed service provider
649	specified in the court order, or to the nearest appropriate
650	licensed service provider, for involuntary treatment. When the
651	conditions justifying involuntary treatment no longer exist, the
652	client must be released as provided in s. 397.6971. When the
653	conditions justifying involuntary treatment are expected to
654	exist after 60 days of treatment, a renewal of the involuntary
655	treatment order may be requested pursuant to s. 397.6975 prior
656	to the end of the 60-day period.
657	(2)  In all cases resulting in an order for involuntary
658	substance abuse treatment, the court shall retain jurisdiction
659	over the case and the parties for the entry of such further
660	orders as the circumstances may require. The court's
661	requirements for notification of proposed release must be
662	included in the original treatment order.
663	(3)  An involuntary treatment order authorizes the licensed
664	service provider to require the client to undergo such treatment
665	as will benefit him or her, including treatment at any
666	licensable service component of a licensed service provider.
667	Section 18.  Effective October 1, 2008, section 562.063,
668	Florida Statutes, is created to read:
669	562.063  Health warning signs; posting requirement;
670	penalty.--
671	(1)(a)  Each vendor licensed to sell alcoholic beverages
672	for consumption on or off the vendor's premises shall cause a
673	health warning sign that complies with the provisions of
674	paragraph (b) to be posted on the licensed premises where
675	alcoholic beverages are sold, at a location in each room where
676	alcoholic beverages are available for sale, and in such a
677	fashion as to be clearly visible to the patrons of the licensed
678	vendor.
679	(b)  Each sign required to be posted pursuant to paragraph
680	(a) must be posted in English, Spanish, and other languages, as
681	appropriate to the area; must be at least 12 inches by 18 inches
682	in size; must be laminated for durability and neatness; and must
683	read as follows:
684
685	HEALTH WARNING
686	ALCOHOL IN BEER, COOLERS, WINE, AND LIQUOR CAN CAUSE:
687	1.  FETAL ALCOHOL SYNDROME AND BIRTH DEFECTS. DO NOT DRINK
688	DURING PREGNANCY.
689	2.  DRUNK DRIVING. DO NOT DRINK BEFORE DRIVING A CAR,
690	OPERATING A BOAT, OR OPERATING MACHINERY.
691	3.  ADDICTION.
692	4.  DEATH. DO NOT MIX ALCOHOL WITH OTHER DRUGS, INCLUDING
693	PRESCRIPTION OR ILLEGAL DRUGS. THE COMBINATION CAN BE FATAL.
694
695	(c)  The division shall produce health warning signs that
696	comply with paragraph (b) and distribute the signs to the
697	licensed vendors operating establishments that sell alcoholic
698	beverages for consumption on or off the premises. The division
699	shall impose a fee and collect from each vendor an amount
700	sufficient to cover the costs of printing and delivering the
701	signs.
702	(2)  A vendor of alcoholic beverages may not sell any
703	alcoholic beverage unless the vendor has properly posted the
704	health warning signs required under subsection (1). Any vendor
705	who violates this subsection commits a misdemeanor of the second
706	degree, punishable as provided in s. 775.082 or s. 775.083.
707	Section 19.  The Division of Alcoholic Beverages and
708	Tobacco of the Department of Business and Professional
709	Regulation shall produce and distribute health warning signs in
710	compliance with s. 562.063, Florida Statutes, as created by this
711	act.
712	Section 20.  For the purpose of incorporating the amendment
713	made by this act to section 397.675, Florida Statutes, in a
714	reference thereto, subsection (1) of section 397.6773, Florida
715	Statutes, is reenacted to read:
716	397.6773  Dispositional alternatives after protective
717	custody.--
718	(1)  A client who is in protective custody must be released
719	by a qualified professional when:
720	(a)  The client no longer meets the involuntary admission
721	criteria in s. 397.675(1);
722	(b)  The 72-hour period has elapsed; or
723	(c)  The client has consented to remain voluntarily at the
724	licensed service provider.
725	Section 21.  Establishment of Fetal Alcohol Spectrum
726	Disorders Diagnostic and Intervention Centers; professional
727	training.--The Department of Health shall establish Fetal
728	Alcohol Spectrum Disorders Diagnostic and Intervention Centers
729	and develop and provide professional training for Healthy
730	Families, Healthy Start, child protection, child care, domestic
731	violence prevention, behavioral health care, education, and
732	physical health care professionals as well as any other groups
733	working with children or pregnant women. The Fetal Alcohol
734	Spectrum Disorders Diagnostic and Intervention Centers shall be
735	located in Sarasota, Hillsborough, Duval, and Miami-Dade
736	Counties and in other counties as the need arises and there are
737	sufficient funds to provide staff for the centers.
738	Section 22.  For the purpose of implementing this act for
739	the 2008-2009 fiscal year:
740	(1)  The sum of $15,558,000 is appropriated from the
741	General Revenue Fund to the Department of Children and Family
742	Services.
743	(2)  The sum of $2,105,000 is appropriated from the General
744	Revenue Fund to the Department of Health.
745	Section 23.  Except as otherwise expressly provided in this
746	act, this act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.