HB 555

1
A bill to be entitled
2An act relating to the sale of alcoholic beverages;
3creating s. 562.063, F.S.; creating the "Point-of-Purchase
4Messaging about Alcohol and Pregnancy Act"; providing
5legislative findings; providing a definition; requiring
6certain warning signs to be displayed on the premises of
7alcoholic beverage vendors and manufacturers; requiring
8the Division of Alcoholic Beverages and Tobacco of the
9Department of Business and Professional Regulation to
10produce and distribute the signs; providing for a fee to
11cover the costs of producing and distributing the signs;
12providing display requirements; providing penalties;
13providing for enforcement; providing an effective date.
14
15     WHEREAS, the Centers for Disease Control and Prevention has
16reported an increase in the rate of fetal alcohol syndrome to
17the current rate of 26.8 infants with fetal alcohol syndrome for
18every 10,000 births, and each of these infants represents a cost
19to society of more than $4 million over the course of the
20infant's lifetime, and
21     WHEREAS, the full spectrum of birth defects caused by
22alcohol, referred to as fetal alcohol spectrum disorders,
23results in as many as 270 infants with fetal alcohol spectrum
24disorders for every 10,000 births, and
25     WHEREAS, fetal alcohol spectrum disorders are the leading
26known cause of mental retardation in the United States, and
27     WHEREAS, according to the 1996 Report to Congress of the
28Institute of Medicine, of all abused substances, including
29heroin, cocaine, and marijuana, alcohol produces by far the most
30serious neurobehavioral effects in the fetus, resulting in
31permanent disorders of memory function, impulse control, and
32judgment, and
33     WHEREAS, the estimated annual cost to the state as a result
34of fetal alcohol spectrum disorders, including the costs to the
35juvenile justice system and the costs related to special
36education, is $432,045,575, and
37     WHEREAS, according to the National Institutes of Health,
38only 39 percent of women of childbearing age know about fetal
39alcohol spectrum disorders, and
40     WHEREAS, there are no health warnings about fetal alcohol
41spectrum disorders in television commercials and other alcohol
42advertising aimed at the majority of young people and their
43parents, and
44     WHEREAS, the Legislature, in recognition of these facts,
45finds it necessary to require all alcoholic beverage licensees
46who sell or dispense alcoholic beverages for consumption on or
47off the premises in this state to prominently display signs
48warning of the danger of birth defects that may be caused by the
49consumption of alcohol during pregnancy, NOW, THEREFORE,
50
51Be It Enacted by the Legislature of the State of Florida:
52
53     Section 1.  Section 562.063, Florida Statutes, is created
54to read:
55     562.063  Fetal alcohol syndrome and other fetal alcohol
56spectrum disorders; legislative findings; definition; warning
57signs; posting requirement; penalty.-
58     (1)  This section may be cited as the "Point-of-Purchase
59Messaging about Alcohol and Pregnancy Act."
60     (2)  The Legislature finds that:
61     (a)  Fetal alcohol syndrome and other fetal alcohol
62spectrum disorders are serious, permanent, and life-altering
63conditions that substantially and adversely affect persons born
64with fetal alcohol spectrum disorders, as well as their parents,
65siblings, and children.
66     (b)  Fetal alcohol syndrome and other fetal alcohol
67spectrum disorders are extremely costly conditions when the
68total amount of medical, psychiatric, respite, and other care is
69calculated over the course of an affected person's lifetime.
70     (c)  Fetal alcohol spectrum disorders can be prevented or
71reduced by taking steps necessary to protect, to the greatest
72extent possible, a developing fetus from the detrimental effects
73of alcohol consumption by the expectant mother.
74     (3)  As used in this section, the term "fetal alcohol
75spectrum disorder" means a continuum of permanent birth defects
76caused by maternal consumption of alcohol during pregnancy and
77includes fetal alcohol syndrome.
78     (4)(a)  Each vendor licensed to sell alcoholic beverages
79for consumption on or off the premises shall prominently display
80a sign that complies with this section and warns of the danger
81of birth defects that may be caused by the consumption of
82alcohol during pregnancy.
83     (b)  The division shall produce a warning sign that
84complies with paragraph (c) and shall distribute the sign to
85licensed vendors operating establishments that sell alcoholic
86beverages for consumption on or off the premises. The division
87may charge a fee not to exceed the actual cost of printing,
88postage, and handling expenses and may post the required sign on
89a website to be downloaded by a vendor and displayed in
90accordance with all stated posting rules.
91     (c)1.  The sign required by this subsection must read as
92follows:
93
94WARNING: DRINKING DURING PREGNANCY OF ANY BEVERAGES
95THAT CONTAIN ALCOHOL CAN CAUSE SERIOUS LIFELONG BIRTH
96DEFECTS, INCLUDING MENTAL RETARDATION AND FETAL
97ALCOHOL SYNDROME.
98
99     2.  The sign shall be at least 8 inches wide and 11 inches
100high. The warning shall be printed in a dark-colored typeface of
101the maximum typesize practicable, but at least 3/8 inch high, on
102a light-colored background. The sign shall be in English unless
103the primary language of a significant number of the patrons of
104the retail premises is a language other than English. In such
105cases, the sign shall be worded in English and in the primary
106language or languages of such patrons.
107     (d)  The sign shall be displayed at the licensed premises
108in the following manner:
109     1.  If a vendor holds a license providing for on-premises
110consumption, the sign shall be prominently posted, in a location
111that is clearly visible, at the main entrance of the area of the
112establishment licensed to dispense alcoholic beverages.
113     a.  This section does not apply to a self-service minibar
114in a guest room of a public lodging establishment.
115     b.  Airports, convention centers, sports facilities, and
116other licensed premises where more than one area of sale,
117service, and consumption of alcoholic beverages is authorized
118shall post the sign in plain view in a location that is clearly
119visible to the majority of patrons entering or approaching the
120area of the premises licensed to dispense alcoholic beverages.
121     2.  If a vendor holds a license providing for the sale of
122alcoholic beverages for off-premises consumption, the sign shall
123be posted in plain view at either of the following locations:
124     a.  At any cash register where alcohol is sold.
125     b.  At the main entrance of the licensed premises.
126     3.  If a vendor is a manufacturer, the sign shall be posted
127in plain view at the main entrance of any area where alcoholic
128beverages are sold for off-premises consumption. If a
129manufacturer's tasting areas are located in separate buildings
130or have separate entrances, the sign shall be posted in plain
131view at the main entrance of each tasting area.
132     4.  Advertisements, other signage, and postings of any type
133may not be displayed within 2 feet of the sign warning of the
134risk of birth defects from the consumption of alcoholic
135beverages.
136     5.  A person who holds a temporary event permit or
137caterer's license shall post the sign in plain view in a
138location clearly visible to the majority of patrons entering or
139approaching the area of the premises licensed to dispense
140alcoholic beverages.
141     (5)(a)  Any vendor who violates subsection (4) commits a
142misdemeanor of the second degree, punishable as provided in s.
143775.082 or s. 775.083.
144     (b)  The division shall enforce this section during routine
145inspections of vendors who dispense alcoholic beverages. Any
146employee of the division may report a violation of this section
147to the division director, and the director shall issue a warning
148notice to the licensee. If the licensee fails to correct the
149violation within 60 days after issuance of the warning notice,
150the division shall levy a fine of $50 against the licensee. Each
151day that a violation continues beyond such 60-day period
152constitutes a separate violation.
153     Section 2.  This act shall take effect January 1, 2011.


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