January 26, 2020
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_h0025__
HB 25

1
A bill to be entitled
2An act relating to alcohol abuse by an expectant mother;
3providing a short title; creating the "Fetal Alcohol
4Syndrome Prevention Act"; providing legislative findings;
5providing a definition; directing the Department of Health
6to develop a public education program, including a
7telephone information hotline, to provide information
8regarding fetal alcohol spectrum disorders; directing the
9Department of Health in conjunction with the Department of
10Children and Family Services to develop and maintain a
11Fetal Alcohol Spectrum Disorders Prevention Network
12consisting of service providers and Fetal Alcohol Spectrum
13Disorders Diagnostic and Intervention Centers; requiring
14establishment of a system for assessing charges for
15certain services; requiring the Department of Health, the
16Department of Children and Family Services, and the
17Division of Alcoholic Beverages and Tobacco of the
18Department of Business and Professional Regulation to
19provide access to certain information on their respective
20Internet websites; creating s. 397.602, F.S.; providing
21for the voluntary admission of an expectant mother for
22alcohol abuse treatment services; providing evaluation
23procedures; removing disability of minority solely for
24voluntary admission; providing an exception; amending s.
25397.675, F.S.; providing criteria for involuntary
26admission of an expectant mother under certain
27circumstances; amending s. 397.6772, F.S.; providing that
28an expectant mother may not be detained in protective
29custody at any municipal or county jail for purposes of
30fetal alcohol spectrum disorders prevention; amending s.
31397.6791, F.S.; specifying who may request emergency
32admission; amending s. 397.6793, F.S.; providing criteria
33for a physician's certificate for emergency admission;
34amending s. 397.681, F.S.; providing for jurisdiction over
35petitions for involuntary assessment, stabilization, and
36treatment; specifying the respondent's right to counsel;
37amending s. 397.6811, F.S.; specifying who may petition
38the court for involuntary assessment and stabilization;
39amending s. 397.6814, F.S.; providing for content of a
40petition for involuntary assessment and stabilization;
41amending s. 397.6815, F.S.; providing procedures for
42disposition of a petition for involuntary assessment and
43stabilization; amending s. 397.695, F.S.; specifying who
44may petition the court for involuntary treatment; amending
45s. 397.6951, F.S.; providing for content of a petition for
46involuntary treatment; amending s. 397.6955, F.S.;
47providing procedures for disposition of a petition for
48involuntary treatment; amending s. 397.6957, F.S.;
49providing for a hearing on a petition for involuntary
50treatment of an expectant mother under certain
51circumstances; assigning the burden of proof in cases of
52involuntary treatment; amending s. 397.697, F.S.;
53providing for effect of court order for involuntary
54treatment; creating s. 562.063, F.S.; requiring described
55health warning signs to be displayed on the premises of
56alcoholic beverage vendors; providing penalties; requiring
57the Division of Alcoholic Beverages and Tobacco of the
58Department of Business and Professional Regulation to
59produce and distribute the signs; providing for a fee and
60collection of the fee for costs of the signs; reenacting
61s. 397.6773(1), F.S., relating to dispositional
62alternatives after protective custody, to incorporate the
63amendment to s. 397.675, F.S., in a reference thereto;
64directing the Department of Health to establish Fetal
65Alcohol Spectrum Disorders Diagnostic and Intervention
66Centers and develop and provide professional training;
67specifying center locations; providing appropriations;
68providing effective dates.
69
70     WHEREAS, the Centers for Disease Control and Prevention has
71reported a rise of nearly 27 times in the rate of Fetal Alcohol
72Syndrome and other fetal alcohol spectrum disorders, resulting
73in a current rate of 26.8 infants with Fetal Alcohol Syndrome
74for every 10,000 births, and each of these infants represents a
75cost to society of more than $4 million over the course of the
76infant's lifetime, and
77     WHEREAS, the estimated annual cost to the state as a result
78of fetal alcohol spectrum disorders, including the costs to the
79juvenile justice system and the costs related to special
80education, is $432,045,575, and
81     WHEREAS, fetal alcohol spectrum disorders are the leading
82cause of mental retardation in the United States, and
83     WHEREAS, the full spectrum of birth defects caused by
84alcohol, referred to as fetal alcohol spectrum disorders,
85results in as many as 270 infants with fetal alcohol spectrum
86disorders for every 10,000 births, and
87     WHEREAS, according to the National Institute of Health,
88only 39 percent of women of childbearing age know about fetal
89alcohol spectrum disorders, and
90     WHEREAS, according to the 1996 Report to Congress of the
91Institute of Medicine, of all the substances of abuse, including
92heroin, cocaine, and marijuana, alcohol produces by far the most
93serious neurobehavioral effects in the fetus, resulting in
94permanent disorders of memory function, impulse control, and
95judgment, and
96     WHEREAS, there are no health warnings about fetal alcohol
97spectrum disorders in television commercials and other alcohol
98advertising that impact the majority of young people and their
99parents, and
100     WHEREAS, the Legislature, in recognition of these facts,
101finds it necessary to require the immediate treatment of
102pregnant women found to be under the influence of alcohol and to
103further require the posting of health warning signs about fetal
104alcohol spectrum disorders on the premises of package alcoholic
105beverage outlets in the state, NOW, THEREFORE,
106
107Be It Enacted by the Legislature of the State of Florida:
108
109     Section 1.  This act may be cited as the "Fetal Alcohol
110Syndrome Prevention Act."
111     Section 2.  Fetal Alcohol Syndrome and other fetal alcohol
112spectrum disorders; legislative findings; definition.--
113     (1)  The Legislature finds that Fetal Alcohol Syndrome and
114other fetal alcohol spectrum disorders are serious, permanent,
115and life-altering conditions that substantially and adversely
116impact persons born with fetal alcohol spectrum disorders as
117well as their parents, siblings, and children.
118     (2)  The Legislature also finds that Fetal Alcohol Syndrome
119and other fetal alcohol spectrum disorders are extremely costly
120conditions when the total amount of medical, psychiatric,
121respite, and other care is calculated over the course of an
122affected person's lifetime.
123     (3)  The Legislature further finds that fetal alcohol
124spectrum disorders can be prevented or reduced by taking steps
125necessary to protect to the greatest extent possible a
126developing fetus from the detrimental effects of alcohol
127consumption by an expectant mother.
128     (4)  The term "fetal alcohol spectrum disorder" means a
129continuum of permanent birth defects caused by maternal
130consumption of alcohol during pregnancy and includes Fetal
131Alcohol Syndrome.
132     Section 3.  Public information on fetal alcohol spectrum
133disorders; Fetal Alcohol Spectrum Disorders Network.--
134     (1)  The Department of Health is directed to develop a
135public education program to provide information to the public
136regarding the detrimental effects of fetal alcohol spectrum
137disorders. The program shall include the following information:
138     (a)  That fetal alcohol spectrum disorders are the leading
139cause of mental retardation in the United States and Florida.
140     (b)  The neurological damage caused by and the symptoms of
141fetal alcohol spectrum disorders.
142     (c)  The permanency of the damage to the brain from fetal
143alcohol spectrum disorders.
144     (d)  The physiological characteristics and defects of fetal
145alcohol spectrum disorders.
146     (e)  The developmental delays resulting from fetal alcohol
147spectrum disorders.
148     (f)  The psychological impact of fetal alcohol spectrum
149disorders.
150     (g)  The lasting effects of fetal alcohol spectrum
151disorders, which include difficulty maintaining successful
152independence, sustaining healthy relationships, and maintaining
153employment and the need for long-term support.
154     (h)  The economic impact of fetal alcohol spectrum
155disorders on the affected person, his or her family, and the
156citizens of the state.
157     (2)  The Department of Health, in conjunction with the
158Department of Children and Family Services, shall develop,
159establish, and maintain a Fetal Alcohol Spectrum Disorders
160Prevention Network, which shall consist of licensed service
161providers as defined in s. 397.311, Florida Statutes, and Fetal
162Alcohol Spectrum Disorders Diagnostic and Intervention Centers
163that have agreed to participate in providing counseling,
164education, and support to pregnant women regarding the effects
165of prenatal exposure to alcohol. The Department of Health shall
166also establish a telephone information hotline for persons to
167call to obtain information regarding fetal alcohol spectrum
168disorders, local licensed service providers participating in the
169network, or the nearest Fetal Alcohol Spectrum Disorders
170Diagnostic and Intervention Center participating in the network.
171     (3)  Licensed service providers and Fetal Alcohol Spectrum
172Disorders Diagnostic and Intervention Centers participating in
173the Fetal Alcohol Spectrum Disorders Prevention Network shall
174establish a system, to be used by providers that receive state
175funds, for assessing charges for services rendered pursuant to
176statutorily authorized involuntary or court-ordered services in
177accordance with a client's ability to pay.
178     (4)  The Department of Health, the Department of Children
179and Family Services, and the Division of Alcoholic Beverages and
180Tobacco of the Department of Business and Professional
181Regulation shall provide access to the public information
182developed pursuant to subsection (1) on their respective
183Internet websites.
184     Section 4.  Section 397.602, Florida Statutes, is created
185to read:
186     397.602  Voluntary admission for fetal alcohol spectrum
187disorders prevention.--
188     (1)  An expectant mother who requests an evaluation for the
189necessity of counseling or treatment services to minimize the
190risk for alcohol exposure to her unborn child may obtain that
191evaluation at any licensed service provider or Fetal Alcohol
192Spectrum Disorders Diagnostic and Intervention Center
193participating in the Fetal Alcohol Spectrum Disorders Prevention
194Network. The evaluation of the service provider must recommend
195the least restrictive course of action, plan, or service
196reasonably necessary to remove or minimize the risk for alcohol
197exposure to the unborn child that is appropriate to meet the
198needs of the expectant mother.
199     (2)(a)  The disability of minority for expectant mothers
200who have not attained 18 years of age is removed solely for the
201purpose of obtaining voluntary alcohol or substance abuse
202treatment services from a licensed service provider, and consent
203to such services by a minor has the same force and effect as if
204executed by a client who has reached the age of majority. Such
205consent is not subject to later disaffirmance based on minority.
206     (b)  Except for purposes of law enforcement activities in
207connection with protective custody, the disability of minority
208is not removed if there is an involuntary admission for alcohol
209or substance abuse treatment services, in which case parental
210participation may be required as the court finds appropriate.
211     Section 5.  Section 397.675, Florida Statutes, is amended
212to read:
213     397.675  Criteria for involuntary admissions, including
214protective custody, emergency admission, and other involuntary
215assessment, involuntary treatment, and alternative involuntary
216assessment for minors, for purposes of assessment and
217stabilization, and for involuntary treatment.--
218     (1)  A person meets the criteria for involuntary admission
219if there is good faith reason to believe the person is substance
220abuse impaired and, because of such impairment:
221     (a)(1)  Has lost the power of self-control with respect to
222substance use; and either
223     (b)1.(2)(a)  Has inflicted, or threatened or attempted to
224inflict, or unless admitted is likely to inflict, physical harm
225on himself or herself or another; or
226     2.(b)  Is in need of substance abuse services and, by
227reason of substance abuse impairment, his or her judgment has
228been so impaired that the person is incapable of appreciating
229his or her need for such services and of making a rational
230decision in regard thereto; however, mere refusal to receive
231such services does not constitute evidence of lack of judgment
232with respect to his or her need for such services.
233     (2)(a)  A person may also meet the criteria for involuntary
234admission if the court finds that the person is an expectant
235mother who, while knowing she is pregnant, has continued to
236consume alcoholic beverages to such a degree that there is a
237reasonable possibility that the unborn child, when born, may be
238diagnosed with a fetal alcohol spectrum disorder unless the
239expectant mother ceases the consumption of alcoholic beverages
240and that there is good cause to believe she will continue to
241consume alcoholic beverages if not involuntarily admitted to a
242treatment facility. Sections 397.501 and 397.581 apply to
243persons meeting the criteria for involuntary admission under
244this subsection. Only licensed service providers, as defined in
245s. 397.311, that have agreed to participate in providing
246counseling, detoxification, residential treatment, or any other
247licensable service component listed in s. 397.311(18) to
248expectant mothers shall be used for purposes of involuntary
249admission under this subsection.
250     (b)  In determining whether an expectant mother meets the
251criteria for involuntary admission under paragraph (a), a court
252may consider the following facts in support of its findings:
253     1.  Whether the expectant mother was notified of the
254effects of fetal alcohol spectrum disorders and was counseled
255against the consumption of alcoholic beverages.
256     2.  Whether, after being warned against the consumption of
257alcoholic beverages, the expectant mother continued to consume
258alcoholic beverages.
259     3.  Whether the expectant mother has been offered and
260refused alcohol or substance abuse treatment or, if enrolled in
261alcohol or substance abuse treatment, failed to make a good
262faith effort to participate in the treatment program.
263     4.  Whether the expectant mother exhibits a lack of self-
264control in the consumption of alcoholic beverages.
265     5.  The quantity and frequency of alcoholic beverage
266consumption by the expectant mother.
267     6.  Whether the expectant mother was recommended for
268alcohol or substance abuse treatment prior to or during her
269pregnancy by her physician, her spouse, or any relative or
270friend.
271     7.  Expert medical testimony concerning the estimated
272alcohol-related risk to the health of the unborn child based on
273the continued consumption of alcoholic beverages by the
274expectant mother.
275     8.  Any other evidence the court considers relevant to
276determining whether the involuntary admission of the expectant
277mother is necessary to prevent her from continuing to consume
278alcoholic beverages and whether, absent such intervention, there
279exists a reasonable possibility that the unborn child, when
280born, may be diagnosed with a fetal alcohol spectrum disorder.
281     Section 6.  Subsection (1) of section 397.6772, Florida
282Statutes, is amended to read:
283     397.6772  Protective custody without consent.--
284     (1)  If a person in circumstances which justify protective
285custody as described in s. 397.677 fails or refuses to consent
286to assistance and a law enforcement officer has determined that
287a hospital or a licensed detoxification or addictions receiving
288facility is the most appropriate place for the person, the
289officer may, after giving due consideration to the expressed
290wishes of the person:
291     (a)  Take the person to a hospital or to a licensed
292detoxification or addictions receiving facility against the
293person's will but without using unreasonable force; or
294     (b)  In the case of an adult, detain the person for his or
295her own protection in any municipal or county jail or other
296appropriate detention facility, except that an expectant mother
297may not be detained at any municipal or county jail for purposes
298of fetal alcohol spectrum disorders prevention.
299
300Such detention is not to be considered an arrest for any
301purpose, and no entry or other record may be made to indicate
302that the person has been detained or charged with any crime. The
303officer in charge of the detention facility must notify the
304nearest appropriate licensed service provider within the first 8
305hours after detention that the person has been detained. It is
306the duty of the detention facility to arrange, as necessary, for
307transportation of the person to an appropriate licensed service
308provider with an available bed. Persons taken into protective
309custody must be assessed by the attending physician within the
31072-hour period and without unnecessary delay, to determine the
311need for further services.
312     Section 7.  Section 397.6791, Florida Statutes, is amended
313to read:
314     397.6791  Emergency admission; persons who may
315initiate.--The following persons may request an emergency
316admission:
317     (1)  In the case of an adult, the certifying physician, the
318person's spouse or guardian, any relative of the person, or any
319other responsible adult who has personal knowledge of the
320person's substance abuse impairment.
321     (2)  In the case of an adult expectant mother consuming
322alcoholic beverages so as to place her unborn child at risk for
323a fetal alcohol spectrum disorder, the certifying physician
324joined by the expectant mother's spouse, parent or guardian, or
325sibling, provided that the certifying physician and any other
326person joining in the request sign an affidavit stating that
327such emergency admission is necessary to avert a substantial
328alcohol-related risk to the health of the unborn child and that
329the expectant mother has been offered and has refused alcohol or
330other substance abuse treatment services.
331     (3)(2)  In the case of a minor, including any unemancipated
332minor who is an expectant mother, the minor's parent, legal
333guardian, or legal custodian.
334     Section 8.  Section 397.6793, Florida Statutes, is amended
335to read:
336     397.6793  Physician's certificate for emergency
337admission.--
338     (1)  The physician's certificate must include the name of
339the person to be admitted, the relationship between the person
340and the physician, the relationship between the applicant and
341the physician, any relationship between the physician and the
342licensed service provider, and a statement that the person has
343been examined and assessed within 5 days before of the
344application date, and must include factual allegations with
345respect to the need for emergency admission, including:
346     (a)  The reason for the physician's belief that the person
347is substance abuse impaired; and
348     (b)  The reason for the physician's belief that because of
349such impairment the person has lost the power of self-control
350with respect to substance abuse; and either
351     (c)1.  The reason the physician believes that the person
352has inflicted or is likely to inflict physical harm on himself
353or herself or others unless admitted; or
354     2.  The reason the physician believes that the person's
355refusal to voluntarily receive care is based on judgment so
356impaired by reason of substance abuse that the person is
357incapable of appreciating his or her need for care and of making
358a rational decision regarding his or her need for care.
359     (2)  When the emergency admission is for an expectant
360mother consuming alcoholic beverages so as to place her unborn
361child at risk for a fetal alcohol spectrum disorder, the
362physician's certificate must include the name of the person to
363be admitted, the relationship between the person and the
364physician, the relationship between the applicant and the
365physician, any relationship between the physician and the
366licensed service provider, a statement that the person has been
367examined and assessed within 5 days before the application date,
368and a statement of facts based on the expectant mother's
369consumption of alcoholic beverages that indicates the need for
370emergency admission to avert or reduce a substantial alcohol-
371related risk to the health of the unborn child, that the
372expectant mother has been counseled against the consumption of
373alcoholic beverages during pregnancy, and that she has been
374offered and has refused alcohol or other substance abuse
375treatment services.
376     (3)(2)  The physician's certificate must recommend the
377least restrictive type of service that is appropriate for the
378person. The certificate must be signed by the physician.
379     (4)(3)  A signed copy of the physician's certificate shall
380accompany the person, and shall be made a part of the person's
381clinical record, together with a signed copy of the application.
382The application and physician's certificate authorize the
383involuntary admission of the person pursuant to, and subject to
384the provisions of ss. 397.679-397.6797.
385     (5)(4)  The physician's certificate must indicate whether
386the person requires transportation assistance for delivery for
387emergency admission and specify, pursuant to s. 397.6795, the
388type of transportation assistance necessary.
389     Section 9.  Section 397.681, Florida Statutes, is amended
390to read:
391     397.681  Involuntary petitions; general provisions; court
392jurisdiction and right to counsel.--
393     (1)  JURISDICTION.--The courts have jurisdiction of
394involuntary assessment and stabilization petitions and
395involuntary treatment petitions for substance abuse impaired
396persons, and for expectant mothers consuming alcoholic beverages
397so as to place their unborn children at risk for fetal alcohol
398spectrum disorders. such Petitions must be filed with the clerk
399of the court in the county where the person is located. The
400chief judge may appoint a general or special magistrate to
401preside over all or part of the proceedings. The alleged
402impaired person is named as the respondent.
403     (2)  RIGHT TO COUNSEL.--A respondent has the right to
404counsel at every stage of a proceeding relating to a petition
405for his or her involuntary assessment and a petition for his or
406her involuntary treatment authorized in this chapter for
407substance abuse impairment. A respondent who desires counsel and
408is unable to afford private counsel has the right to court-
409appointed counsel and to the benefits of s. 57.081. If the court
410believes that the respondent needs the assistance of counsel,
411the court shall appoint such counsel for the respondent without
412regard to the respondent's wishes. If the respondent is a minor
413not otherwise represented in the proceeding, the court shall
414immediately appoint a guardian ad litem to act on the minor's
415behalf.
416     Section 10.  Section 397.6811, Florida Statutes, is amended
417to read:
418     397.6811  Involuntary assessment and stabilization.--A
419person determined by the court to appear to meet the criteria
420for involuntary admission under s. 397.675 may be admitted for a
421period of 5 days to a hospital or to a licensed detoxification
422facility or addictions receiving facility, for involuntary
423assessment and stabilization or to a less restrictive component
424of a licensed service provider for assessment only upon entry of
425a court order or upon receipt by the licensed service provider
426of a petition. Involuntary assessment and stabilization may be
427initiated by the submission of a petition to the court.
428     (1)  If the person upon whose behalf the petition is being
429filed is an adult, a petition for involuntary assessment and
430stabilization may be filed by the respondent's spouse or
431guardian, any relative, a private practitioner, the director of
432a licensed service provider or the director's designee, or any
433three adults who have personal knowledge of the respondent's
434substance abuse impairment. If the person upon whose behalf the
435petition is being filed is an adult expectant mother consuming
436alcoholic beverages so as to place her unborn child at risk for
437a fetal alcohol spectrum disorder, a petition for involuntary
438assessment and stabilization may be filed by the respondent's
439spouse, parent or guardian, or sibling and joined by a
440physician.
441     (2)  If the person upon whose behalf the petition is being
442filed is a minor, including any unemancipated minor who is an
443expectant mother, a petition for involuntary assessment and
444stabilization may be filed by a parent, legal guardian, legal
445custodian, or licensed service provider.
446     Section 11.  Section 397.6814, Florida Statutes, is amended
447to read:
448     397.6814  Involuntary assessment and stabilization;
449contents of petition.--
450     (1)  A petition for involuntary assessment and
451stabilization must contain the name of the respondent; the name
452of the applicant or applicants; the relationship between the
453respondent and the applicant; the name of the respondent's
454attorney, if known, and a statement of the respondent's ability
455to afford an attorney; and must state facts to support the need
456for involuntary assessment and stabilization, including:
457     (a)(1)  The reason for the petitioner's belief that the
458respondent is substance abuse impaired; and
459     (b)(2)  The reason for the petitioner's belief that because
460of such impairment the respondent has lost the power of self-
461control with respect to substance abuse; and either
462     (c)1.(3)(a)  The reason the petitioner believes that the
463respondent has inflicted or is likely to inflict physical harm
464on himself or herself or others unless admitted; or
465     2.(b)  The reason the petitioner believes that the
466respondent's refusal to voluntarily receive care is based on
467judgment so impaired by reason of substance abuse that the
468respondent is incapable of appreciating his or her need for care
469and of making a rational decision regarding that need for care.
470If the respondent has refused to submit to an assessment, such
471refusal must be alleged in the petition.
472     (2)  When a petition for involuntary assessment and
473stabilization is for an expectant mother consuming alcoholic
474beverages so as to place her unborn child at risk for a fetal
475alcohol spectrum disorder, the petition must contain the name of
476the person to be assessed, the relationship between the person
477and the physician, the relationship between the applicant and
478the physician, any relationship between the physician and the
479licensed service provider, and a statement of facts based on the
480expectant mother's consumption of alcoholic beverages that
481indicates the need for involuntary assessment and stabilization
482to avert or reduce a substantial alcohol-related risk to the
483health of her unborn child, that the expectant mother has been
484counseled against the consumption of alcoholic beverages during
485pregnancy, and that she has been offered and has refused alcohol
486or other substance abuse treatment services.
487     Section 12.  Section 397.6815, Florida Statutes, is amended
488to read:
489     397.6815  Involuntary assessment and stabilization;
490procedure.--Upon receipt and filing by the clerk of the court of
491the petition for the involuntary assessment and stabilization of
492a substance abuse impaired person or an expectant mother
493consuming alcoholic beverages so as to place her unborn child at
494risk for a fetal alcohol spectrum disorder by the clerk of the
495court, the court shall ascertain whether the respondent is
496represented by an attorney, and if not, whether, on the basis of
497the petition, an attorney should be appointed; and shall:
498     (1)  Provide a copy of the petition and notice of hearing
499to the respondent; the respondent's parent, guardian, or legal
500custodian, in the case of a minor; the respondent's attorney, if
501known; the petitioner; the respondent's spouse or guardian, if
502applicable; and such other persons as the court may direct, and
503have such petition and notice personally delivered to the
504respondent if he or she is a minor. The court shall also issue a
505summons to the person whose admission is sought and conduct a
506hearing within 10 days; or
507     (2)  Without the appointment of an attorney and, relying
508solely on the contents of the petition, enter an ex parte order
509authorizing the involuntary assessment and stabilization of the
510respondent. The court may order a law enforcement officer or
511other designated agent of the court to take the respondent into
512custody and deliver him or her to the nearest appropriate
513licensed service provider.
514     Section 13.  Section 397.695, Florida Statutes, is amended
515to read:
516     397.695  Involuntary treatment; persons who may petition.--
517     (1)  If the respondent is an adult, a petition for
518involuntary treatment may be filed by the respondent's spouse or
519guardian, any relative, a service provider, or any three adults
520who have personal knowledge of the respondent's substance abuse
521impairment and his or her prior course of assessment and
522treatment. If the respondent on whose behalf the petition is
523being filed is an adult expectant mother consuming alcoholic
524beverages so as to place her unborn child at risk for a fetal
525alcohol spectrum disorder, a petition for involuntary treatment
526may be filed by the respondent's spouse, parent or guardian, or
527sibling and joined by a physician.
528     (2)  If the respondent is a minor, including any
529unemancipated minor who is an expectant mother, a petition for
530involuntary treatment may be filed by a parent, legal guardian,
531or service provider.
532     Section 14.  Section 397.6951, Florida Statutes, is amended
533to read:
534     397.6951  Contents of petition for involuntary treatment.--
535     (1)  A petition for involuntary treatment must contain the
536name of the respondent to be admitted; the name of the
537petitioner or petitioners; the relationship between the
538respondent and the petitioner; the name of the respondent's
539attorney, if known, and a statement of the petitioner's
540knowledge of the respondent's ability to afford an attorney; the
541findings and recommendations of the assessment performed by the
542qualified professional; and the factual allegations presented by
543the petitioner establishing the need for involuntary treatment,
544including:
545     (a)(1)  The reason for the petitioner's belief that the
546respondent is substance abuse impaired; and
547     (b)(2)  The reason for the petitioner's belief that because
548of such impairment the respondent has lost the power of self-
549control with respect to substance abuse; and either
550     (c)1.(3)(a)  The reason the petitioner believes that the
551respondent has inflicted or is likely to inflict physical harm
552on himself or herself or others unless admitted; or
553     2.(b)  The reason the petitioner believes that the
554respondent's refusal to voluntarily receive care is based on
555judgment so impaired by reason of substance abuse that the
556respondent is incapable of appreciating his or her need for care
557and of making a rational decision regarding that need for care.
558     (2)  When a petition for involuntary treatment is for an
559expectant mother consuming alcoholic beverages so as to place
560her unborn child at risk for a fetal alcohol spectrum disorder,
561the petition must contain the name of the person to be assessed,
562the relationship between the person and the physician, the
563relationship between the applicant and the physician, any
564relationship between the physician and the licensed service
565provider, and a statement of facts based on the expectant
566mother's consumption of alcoholic beverages that indicate the
567need for involuntary treatment to avert or reduce a substantial
568alcohol-related risk to the health of her unborn child, that the
569expectant mother has been counseled against the consumption of
570alcoholic beverages during pregnancy, and that she has been
571offered and has refused alcohol or other substance abuse
572treatment services.
573     Section 15.  Section 397.6955, Florida Statutes, is amended
574to read:
575     397.6955  Duties of court upon filing of petition for
576involuntary treatment.--Upon the filing with the clerk of the
577court of a petition for the involuntary treatment of a substance
578abuse impaired person or an expectant mother consuming alcoholic
579beverages so as to place her unborn child at risk for a fetal
580alcohol spectrum disorder with the clerk of the court, the court
581shall immediately determine whether the respondent is
582represented by an attorney or whether the appointment of counsel
583for the respondent is appropriate. The court shall schedule a
584hearing to be held on the petition within 10 days. A copy of the
585petition and notice of the hearing must be provided to the
586respondent; the respondent's parent, guardian, or legal
587custodian, in the case of a minor; the respondent's attorney, if
588known; the petitioner; the respondent's spouse or guardian, if
589applicable; and such other persons as the court may direct, and
590have such petition and order personally delivered to the
591respondent if he or she is a minor. The court shall also issue a
592summons to the person whose admission is sought.
593     Section 16.  Section 397.6957, Florida Statutes, is amended
594to read:
595     397.6957  Hearing on petition for involuntary treatment.--
596     (1)  At a hearing on a petition for involuntary treatment,
597the court shall hear and review all relevant evidence, including
598the review of results of the assessment completed by the
599qualified professional in connection with the respondent's
600protective custody, emergency admission, involuntary assessment,
601or alternative involuntary admission. The respondent must be
602present unless the court finds that his or her presence is
603likely to be injurious to himself or herself or others, in which
604event the court must appoint a guardian advocate to act in
605behalf of the respondent throughout the proceedings.
606     (2)  For a petition seeking treatment based on substance
607abuse impairment, the petitioner has the burden of proving by
608clear and convincing evidence:
609     (a)  The respondent is substance abuse impaired;, and
610     (b)  Because of such impairment, the respondent has lost
611the power of self-control with respect to substance abuse; and
612either
613     (c)1.  The respondent has inflicted or is likely to inflict
614physical harm on himself or herself or others unless admitted;
615or
616     2.  The respondent's refusal to voluntarily receive care is
617based on judgment so impaired by reason of substance abuse that
618the respondent is incapable of appreciating his or her need for
619care and of making a rational decision regarding that need for
620care.
621     (3)  For a petition seeking treatment of an expectant
622mother consuming alcoholic beverages so as to place her unborn
623child at risk for a fetal alcohol spectrum disorder, the
624petitioner has the burden of proving by clear and convincing
625evidence that the expectant mother, while knowing she is
626pregnant, has continued to consume alcoholic beverages to such a
627degree that there is a reasonable possibility that the unborn
628child, when born, may be diagnosed with a fetal alcohol spectrum
629disorder unless the expectant mother ceases the consumption of
630alcoholic beverages and there is good cause to believe she will
631continue to consume alcoholic beverages if not involuntarily
632admitted to a treatment facility.
633     (4)(3)  At the conclusion of the hearing the court shall
634either dismiss the petition or order the respondent to undergo
635involuntary substance abuse treatment, with the respondent's
636chosen licensed service provider to deliver the involuntary
637substance abuse treatment where possible and appropriate.
638     Section 17.  Section 397.697, Florida Statutes, is amended
639to read:
640     397.697  Court determination; effect of court order for
641involuntary substance abuse treatment.--
642     (1)  When the court finds that the conditions for
643involuntary substance abuse treatment have been proved by clear
644and convincing evidence, it may order the respondent to undergo
645involuntary treatment by a licensed service provider for a
646period not to exceed 60 days. If the court finds it necessary,
647it may direct the sheriff to take the respondent into custody
648and deliver him or her to the licensed service provider
649specified in the court order, or to the nearest appropriate
650licensed service provider, for involuntary treatment. When the
651conditions justifying involuntary treatment no longer exist, the
652client must be released as provided in s. 397.6971. When the
653conditions justifying involuntary treatment are expected to
654exist after 60 days of treatment, a renewal of the involuntary
655treatment order may be requested pursuant to s. 397.6975 prior
656to the end of the 60-day period.
657     (2)  In all cases resulting in an order for involuntary
658substance abuse treatment, the court shall retain jurisdiction
659over the case and the parties for the entry of such further
660orders as the circumstances may require. The court's
661requirements for notification of proposed release must be
662included in the original treatment order.
663     (3)  An involuntary treatment order authorizes the licensed
664service provider to require the client to undergo such treatment
665as will benefit him or her, including treatment at any
666licensable service component of a licensed service provider.
667     Section 18.  Effective October 1, 2008, section 562.063,
668Florida Statutes, is created to read:
669     562.063  Health warning signs; posting requirement;
670penalty.--
671     (1)(a)  Each vendor licensed to sell alcoholic beverages
672for consumption on or off the vendor's premises shall cause a
673health warning sign that complies with the provisions of
674paragraph (b) to be posted on the licensed premises where
675alcoholic beverages are sold, at a location in each room where
676alcoholic beverages are available for sale, and in such a
677fashion as to be clearly visible to the patrons of the licensed
678vendor.
679     (b)  Each sign required to be posted pursuant to paragraph
680(a) must be posted in English, Spanish, and other languages, as
681appropriate to the area; must be at least 12 inches by 18 inches
682in size; must be laminated for durability and neatness; and must
683read 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
688DURING PREGNANCY.
689     2.  DRUNK DRIVING. DO NOT DRINK BEFORE DRIVING A CAR,
690OPERATING A BOAT, OR OPERATING MACHINERY.
691     3.  ADDICTION.
692     4.  DEATH. DO NOT MIX ALCOHOL WITH OTHER DRUGS, INCLUDING
693PRESCRIPTION OR ILLEGAL DRUGS. THE COMBINATION CAN BE FATAL.
694
695     (c)  The division shall produce health warning signs that
696comply with paragraph (b) and distribute the signs to the
697licensed vendors operating establishments that sell alcoholic
698beverages for consumption on or off the premises. The division
699shall impose a fee and collect from each vendor an amount
700sufficient to cover the costs of printing and delivering the
701signs.
702     (2)  A vendor of alcoholic beverages may not sell any
703alcoholic beverage unless the vendor has properly posted the
704health warning signs required under subsection (1). Any vendor
705who violates this subsection commits a misdemeanor of the second
706degree, punishable as provided in s. 775.082 or s. 775.083.
707     Section 19.  The Division of Alcoholic Beverages and
708Tobacco of the Department of Business and Professional
709Regulation shall produce and distribute health warning signs in
710compliance with s. 562.063, Florida Statutes, as created by this
711act.
712     Section 20.  For the purpose of incorporating the amendment
713made by this act to section 397.675, Florida Statutes, in a
714reference thereto, subsection (1) of section 397.6773, Florida
715Statutes, is reenacted to read:
716     397.6773  Dispositional alternatives after protective
717custody.--
718     (1)  A client who is in protective custody must be released
719by a qualified professional when:
720     (a)  The client no longer meets the involuntary admission
721criteria 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
724licensed service provider.
725     Section 21.  Establishment of Fetal Alcohol Spectrum
726Disorders Diagnostic and Intervention Centers; professional
727training.--The Department of Health shall establish Fetal
728Alcohol Spectrum Disorders Diagnostic and Intervention Centers
729and develop and provide professional training for Healthy
730Families, Healthy Start, child protection, child care, domestic
731violence prevention, behavioral health care, education, and
732physical health care professionals as well as any other groups
733working with children or pregnant women. The Fetal Alcohol
734Spectrum Disorders Diagnostic and Intervention Centers shall be
735located in Sarasota, Hillsborough, Duval, and Miami-Dade
736Counties and in other counties as the need arises and there are
737sufficient funds to provide staff for the centers.
738     Section 22.  For the purpose of implementing this act for
739the 2008-2009 fiscal year:
740     (1)  The sum of $15,558,000 is appropriated from the
741General Revenue Fund to the Department of Children and Family
742Services.
743     (2)  The sum of $2,105,000 is appropriated from the General
744Revenue Fund to the Department of Health.
745     Section 23.  Except as otherwise expressly provided in this
746act, this act shall take effect July 1, 2008.


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