HB 297

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

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