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