HB 555

1	A bill to be entitled
2	An act relating to the sale of alcoholic beverages;
3	creating s. 562.063, F.S.; creating the "Point-of-Purchase
4	Messaging about Alcohol and Pregnancy Act"; providing
5	legislative findings; providing a definition; requiring
6	certain warning signs to be displayed on the premises of
7	alcoholic beverage vendors and manufacturers; requiring
8	the Division of Alcoholic Beverages and Tobacco of the
9	Department of Business and Professional Regulation to
10	produce and distribute the signs; providing for a fee to
11	cover the costs of producing and distributing the signs;
12	providing display requirements; providing penalties;
13	providing for enforcement; 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 abused substances, 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 aimed at 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 by the
49	consumption of alcohol during pregnancy, NOW, THEREFORE,
50
51	Be It Enacted by the Legislature of the State of Florida:
52
53	Section 1.  Section 562.063, Florida Statutes, is created
54	to read:
55	562.063  Fetal alcohol syndrome and other fetal alcohol
56	spectrum disorders; legislative findings; definition; warning
57	signs; posting requirement; penalty.-
58	(1)  This section may be cited as the "Point-of-Purchase
59	Messaging about Alcohol and Pregnancy Act."
60	(2)  The Legislature finds that:
61	(a)  Fetal alcohol syndrome and other fetal alcohol
62	spectrum disorders are serious, permanent, and life-altering
63	conditions that substantially and adversely affect persons born
64	with fetal alcohol spectrum disorders, as well as their parents,
65	siblings, and children.
66	(b)  Fetal alcohol syndrome and other fetal alcohol
67	spectrum disorders are extremely costly conditions when the
68	total amount of medical, psychiatric, respite, and other care is
69	calculated over the course of an affected person's lifetime.
70	(c)  Fetal alcohol spectrum disorders can be prevented or
71	reduced by taking steps necessary to protect, to the greatest
72	extent possible, a developing fetus from the detrimental effects
73	of alcohol consumption by the expectant mother.
74	(3)  As used in this section, the term "fetal alcohol
75	spectrum disorder" means a continuum of permanent birth defects
76	caused by maternal consumption of alcohol during pregnancy and
77	includes fetal alcohol syndrome.
78	(4)(a)  Each vendor licensed to sell alcoholic beverages
79	for consumption on or off the premises shall prominently display
80	a sign that complies with this section and warns of the danger
81	of birth defects that may be caused by the consumption of
82	alcohol during pregnancy.
83	(b)  The division shall produce a warning sign that
84	complies with paragraph (c) and shall distribute the sign to
85	licensed vendors operating establishments that sell alcoholic
86	beverages for consumption on or off the premises. The division
87	may charge a fee not to exceed the actual cost of printing,
88	postage, and handling expenses and may post the required sign on
89	a website to be downloaded by a vendor and displayed in
90	accordance with all stated posting rules.
91	(c)1.  The sign required by this subsection must read as
92	follows:
93
94	WARNING: DRINKING DURING PREGNANCY OF ANY BEVERAGES
95	THAT CONTAIN ALCOHOL CAN CAUSE SERIOUS LIFELONG BIRTH
96	DEFECTS, INCLUDING MENTAL RETARDATION AND FETAL
97	ALCOHOL SYNDROME.
98
99	2.  The sign shall be at least 8 inches wide and 11 inches
100	high. The warning shall be printed in a dark-colored typeface of
101	the maximum typesize practicable, but at least 3/8 inch high, on
102	a light-colored background. The sign shall be in English unless
103	the primary language of a significant number of the patrons of
104	the retail premises is a language other than English. In such
105	cases, the sign shall be worded in English and in the primary
106	language or languages of such 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 of the area of the
112	establishment licensed to dispense alcoholic beverages.
113	a.  This section does not apply to a self-service minibar
114	in a guest room of a public lodging establishment.
115	b.  Airports, convention centers, sports facilities, and
116	other licensed premises where more than one area 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	area of the premises licensed to dispense alcoholic beverages.
121	2.  If a vendor holds a license providing for the sale of
122	alcoholic beverages for off-premises consumption, the sign shall
123	be 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
127	in plain view at the main entrance of any area where alcoholic
128	beverages are sold for off-premises consumption. If a
129	manufacturer's tasting areas are located in separate buildings
130	or have separate entrances, the sign shall be posted in plain
131	view at the main entrance of each tasting area.
132	4.  Advertisements, other signage, and postings of any type
133	may not be displayed within 2 feet of the sign warning of the
134	risk of birth defects from the consumption of alcoholic
135	beverages.
136	5.  A person who holds a temporary event permit or
137	caterer's license shall post the sign in plain view in a
138	location clearly visible to the majority of patrons entering or
139	approaching the area of the premises licensed to dispense
140	alcoholic beverages.
141	(5)(a)  Any vendor who violates subsection (4) commits a
142	misdemeanor of the second degree, punishable as provided in s.
143	775.082 or s. 775.083.
144	(b)  The division shall enforce this section during routine
145	inspections of vendors who dispense alcoholic beverages. Any
146	employee of the division may report a violation of this section
147	to the division director, and the director shall issue a warning
148	notice to the licensee. If the licensee fails to correct the
149	violation within 60 days after issuance of the warning notice,
150	the division shall levy a fine of $50 against the licensee. Each
151	day that a violation continues beyond such 60-day period
152	constitutes a separate violation.
153	Section 2.  This act shall take effect January 1, 2011.

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