January 21, 2021
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       Florida Senate - 2010                                     SB 446
       
       
       
       By Senator Bennett
       
       
       
       
       21-00261A-10                                           2010446__
    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
    4         Purchase Messaging About Alcohol and Pregnancy Act”;
    5         providing legislative findings; providing a
    6         definition; requiring certain warning signs to be
    7         displayed in specific ways on the premises of
    8         alcoholic beverage vendors and manufacturers;
    9         requiring the Division of Alcoholic Beverages and
   10         Tobacco of the Department of Business and Professional
   11         Regulation to produce and distribute the signs;
   12         providing for a fee to cover the costs of
   13         manufacturing and distributing the signs; providing
   14         penalties; providing for enforcement; providing an
   15         effective date.
   16  
   17         WHEREAS, the Centers for Disease Control and Prevention
   18  have reported an increase in the rate of fetal alcohol syndrome
   19  to the current rate of 26.8 infants with fetal alcohol syndrome
   20  for every 10,000 births, and each of these infants represents a
   21  cost to society of more than $4 million over the course of the
   22  infant’s lifetime, and
   23         WHEREAS, the full spectrum of birth defects caused by
   24  alcohol, referred to as fetal alcohol spectrum disorders,
   25  results in as many as 270 infants with fetal alcohol spectrum
   26  disorders for every 10,000 births, and
   27         WHEREAS, fetal alcohol spectrum disorders are the leading
   28  known cause of mental retardation in the United States, and
   29         WHEREAS, according to the 1996 Report to Congress of the
   30  Institute of Medicine, of all the substances of abuse, including
   31  heroin, cocaine, and marijuana, alcohol produces by far the most
   32  serious neurobehavioral effects in the fetus, resulting in
   33  permanent disorders of memory function, impulse control, and
   34  judgment, and
   35         WHEREAS, the estimated annual cost to the state as a result
   36  of fetal alcohol spectrum disorders, including the costs to the
   37  juvenile justice system and the costs related to special
   38  education, is $432,045,575, and
   39         WHEREAS, according to the National Institutes of Health,
   40  only 39 percent of women of childbearing age know about fetal
   41  alcohol spectrum disorders, and
   42         WHEREAS, there are no health warnings about fetal alcohol
   43  spectrum disorders in television commercials and other alcohol
   44  advertising that impact the majority of young people and their
   45  parents, and
   46         WHEREAS, the Legislature, in recognition of these facts,
   47  finds it necessary to require all alcoholic beverage licensees
   48  who sell or dispense alcoholic beverages for consumption on or
   49  off the premises in this state to prominently display signs
   50  warning of the danger of birth defects that may be caused as a
   51  result of the consumption of alcohol during pregnancy, NOW,
   52  THEREFORE,
   53  
   54  Be It Enacted by the Legislature of the State of Florida:
   55  
   56         Section 1. Section 562.063, Florida Statutes, is created to
   57  read:
   58         562.063Fetal alcohol syndrome and other fetal alcohol
   59  spectrum disorders; legislative findings; definition; warning
   60  signs; posting requirement; penalty.—
   61         (1) This section may be cited as the “Point-of-Purchase
   62  Messaging About Alcohol and Pregnancy Act.”
   63         (2) The Legislature finds that:
   64         (a)Fetal alcohol syndrome and other fetal alcohol spectrum
   65  disorders are serious, permanent, and life-altering conditions
   66  that substantially and adversely affect persons born with fetal
   67  alcohol spectrum disorders, as well as their parents, siblings,
   68  and children.
   69         (b) Fetal alcohol syndrome and other fetal alcohol spectrum
   70  disorders are extremely costly conditions when the total amount
   71  of medical, psychiatric, respite, and other care is calculated
   72  over the course of an affected person’s lifetime.
   73         (c) Fetal alcohol spectrum disorders can be prevented or
   74  reduced by taking steps necessary to protect to the greatest
   75  extent possible a developing fetus from the detrimental effects
   76  of alcohol consumption by the expectant mother.
   77         (3) The term “fetal alcohol spectrum disorder” means a
   78  continuum of permanent birth defects caused by maternal
   79  consumption of alcohol during pregnancy and includes fetal
   80  alcohol syndrome.
   81         (4)(a)Each vendor licensed to sell alcoholic beverages for
   82  consumption on or off the premises shall prominently display a
   83  sign that complies with the provisions of this section and warns
   84  of the danger of birth defects that may be caused as a result of
   85  the consumption of alcohol during pregnancy.
   86         (b)The division shall produce a warning sign that complies
   87  with paragraph (c) and shall distribute the sign to licensed
   88  vendors operating establishments that sell alcoholic beverages
   89  for consumption on or off the premises. The division may charge
   90  a nominal fee to cover printing, postage, and handling expenses
   91  and may post the required sign on a website to be downloaded by
   92  a vendor and displayed following all stated posting rules.
   93         (c)1.The sign required by this subsection must read as
   94  follows:
   95  
   96         WARNING: DRINKING ANY BEVERAGES DURING PREGNANCY WHICH
   97         CONTAIN ALCOHOL CAN CAUSE SERIOUS LIFE-LONG BIRTH
   98         DEFECTS, INCLUDING FETAL ALCOHOL SYNDROME.
   99  
  100         2. The sign shall be at least 8 inches wide and 11 inches
  101  high, with each letter at least three-fourths of an inch high
  102  and three-eighths of an inch wide. The sign shall have dark
  103  color characters on a light color background. The sign shall be
  104  in English unless a significant number of the patrons of the
  105  retail premises use a language other than English as a primary
  106  language. In such cases, the sign shall be worded in English and
  107  in the primary language or languages of the patrons.
  108         (d)The sign shall be displayed at the licensed premises in
  109  the following manner:
  110         1.If a vendor holds a license providing for on-premises
  111  consumption, the sign shall be prominently posted, in a location
  112  that is clearly visible, at the main entrance to the portion of
  113  the establishment licensed to dispense alcoholic beverages.
  114         a.Self-service “mini-bars” in hotel guest rooms are exempt
  115  from this section.
  116         b.Airports, convention centers, sports facilities, and
  117  other licensed premises where more than one location of sale,
  118  service, and consumption of alcoholic beverages is authorized
  119  shall post the sign in plain view in a location that is clearly
  120  visible to the majority of patrons entering or approaching the
  121  portion of the premises licensed to dispense alcoholic
  122  beverages.
  123         2.If a vendor holds a license providing for the sale of
  124  alcohol for off-premises consumption, the sign shall be posted
  125  in plain view at either of the following locations:
  126         a.At any cash register where alcohol is sold.
  127         b.At the main entrance to the licensed premises.
  128         3.If a vendor is a manufacturer, the sign shall be posted
  129  in plain view at the main entrance to any area where alcohol
  130  beverages are sold for off-premises consumption. If a
  131  manufacturer’s tasting rooms have separate buildings or separate
  132  entrances, the sign shall be posted in plain view at the main
  133  entrance to each tasting area.
  134         4.Advertisements, other signage, and postings of any type
  135  may not be displayed within 2 feet of the sign warning of the
  136  risk of birth defects from the consumption of alcoholic
  137  beverages.
  138         5.A person who holds a temporary event permit or caterer’s
  139  licenses shall post the sign in plain view in a location clearly
  140  visible to the majority of patrons entering or approaching the
  141  portion of the premises licensed to dispense alcoholic
  142  beverages.
  143         (5)(a)Any vendor who violates subsection (4) commits a
  144  misdemeanor of the second degree, punishable as provided in s.
  145  775.082 or s. 775.083.
  146         (b)The division shall enforce this section during routine
  147  inspections of vendors who dispense alcoholic beverages. Any
  148  employee of the division may report a violation of this section
  149  to the division director, and the director shall issue a warning
  150  notice to the licensee. If the licensee fails to correct the
  151  violation within 60 days after issuance of the warning notice,
  152  the division shall levy a fine of $50 against the licensee. Each
  153  day that a violation continues beyond the 60-day warning notice
  154  constitutes a separate violation.
  155         Section 2. This act shall take effect January 1, 2011.

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