HB 1239

1	A bill to be entitled
2	An act relating to alcohol abuse by an expectant mother;
3	providing a short title; creating the "Fetal Alcohol
4	Syndrome Prevention Act"; providing legislative findings;
5	directing the Department of Health to develop a public
6	education program, including a telephone information
7	hotline, to provide information regarding Fetal Alcohol
8	Syndrome; directing the Department of Health in
9	conjunction with the Department of Children and Families
10	to develop and maintain a Fetal Alcohol Syndrome
11	Prevention Network consisting of service providers and
12	Fetal Alcohol Spectrum Disorders Diagnostic and
13	Intervention Centers; requiring establishment of a system
14	for assessing charges for certain services; requiring the
15	Department of Health, the Department of Children and
16	Families, and the Division of Alcoholic Beverages and
17	Tobacco of the Department of Business and Professional
18	Regulation to provide access to such information on their
19	respective Internet websites; creating s. 397.602, F.S.;
20	providing for the voluntary admission of an expectant
21	mother for alcohol abuse treatment services; providing
22	evaluation procedures; removing disability of minority
23	solely for voluntary admission; amending s. 397.675, F.S.;
24	providing criteria for involuntary admission of an
25	expectant mother, including protective custody, emergency
26	admission, and other involuntary assessment, involuntary
27	treatment, and alternative involuntary assessment for
28	minors for purposes of assessment and stabilization and
29	for involuntary treatment; amending s. 397.6772, F.S.;
30	providing that an expectant mother may not be detained in
31	protective custody at any municipal or county jail for
32	purposes of Fetal Alcohol Syndrome prevention; amending s.
33	397.6791, F.S.; specifying certain persons who may request
34	emergency involuntary admission; amending s. 397.6793,
35	F.S.; providing criteria for a physician's certificate for
36	emergency admission; amending s. 397.681, F.S.; providing
37	for jurisdiction over petitions for involuntary
38	assessment, stabilization, and treatment; specifying the
39	respondent's right to counsel; amending s. 397.6811, F.S.;
40	specifying certain persons who may petition the court for
41	involuntary assessment and stabilization; amending s.
42	397.6814, F.S.; providing for content of a petition for
43	involuntary assessment and stabilization; amending s.
44	397.6815, F.S.; providing procedures for disposition of a
45	petition for involuntary assessment and stabilization;
46	amending s. 397.695, F.S.; specifying certain persons who
47	may petition the court for involuntary treatment; amending
48	s. 397.6951, F.S.; providing for content of a petition for
49	involuntary treatment; amending s. 397.6955, F.S.;
50	providing procedures for disposition of a petition for
51	involuntary treatment; amending s. 397.6957, F.S.;
52	providing for a hearing on a petition for involuntary
53	treatment; amending s. 397.697, F.S.; providing for effect
54	of court order for involuntary substance abuse treatment;
55	creating s. 562.063, F.S.; requiring described health
56	warning signs to be displayed on the premises of alcohol
57	beverage vendors; providing penalties; requiring the
58	Division of Alcoholic Beverages and Tobacco of the
59	Department of Business and Professional Regulation to
60	produce and distribute the signs; providing for a fee and
61	collection of the fee for costs of the signs; directing
62	the Department of Health to contract with the Florida
63	Center for Child and Family Development to establish Fetal
64	Alcohol Spectrum Disorders Diagnostic and Intervention
65	Centers and to develop and provide professional training;
66	providing effective dates.
67
68	WHEREAS, the Centers for Disease Control and Prevention has
69	reported a rise of nearly 27 times in the rate of Fetal Alcohol
70	Syndrome (F.A.S.), with the current rate being 26.8 infants with
71	Fetal Alcohol Syndrome for every 10,000 births and each F.A.S.
72	infant representing a cost to society of more than $4 million
73	over the course of the infant's lifetime, and
74	WHEREAS, Fetal Alcohol Syndrome is the leading cause of
75	mental retardation in the United States, and
76	WHEREAS, the full spectrum of birth defects caused by
77	alcohol, referred to as Fetal Alcohol Spectrum Disorders,
78	results in as many as 270 infants with Fetal Alcohol Spectrum
79	Disorders for every 10,000 births, and
80	WHEREAS, according to the National Institute of Health,
81	only 39 percent of women of childbearing age know about Fetal
82	Alcohol Syndrome, and
83	WHEREAS, according to the 1996 Report to Congress of the
84	Institute of Medicine, of all the substances of abuse, including
85	heroin, cocaine, and marijuana, alcohol produces by far the most
86	serious neurobehavioral effects in the fetus, resulting in
87	permanent disorders of memory function, impulse control, and
88	judgment, and
89	WHEREAS, there are no health warnings in television
90	commercials and other alcohol advertising that impact the
91	majority of young people and their parents, and
92	WHEREAS, the Legislature, in recognition of these facts,
93	finds it necessary to require the immediate treatment of
94	pregnant women found to be under the influence of alcohol and to
95	further require the posting of health warning signs on the
96	premises of package alcoholic beverage outlets in the state,
97	NOW, THEREFORE,
98
99	Be It Enacted by the Legislature of the State of Florida:
100
101	Section 1.  This act may be referred to as the "Fetal
102	Alcohol Syndrome Prevention Act."
103	Section 2.  Fetal Alcohol Syndrome; legislative findings.--
104	(1)  The Legislature finds that Fetal Alcohol Syndrome is a
105	serious, permanent, and life-altering condition that
106	substantially and adversely impacts persons born with Fetal
107	Alcohol Syndrome as well as their parents, siblings, and
108	children.
109	(2)  The Legislature also finds that Fetal Alcohol Syndrome
110	is an extremely costly condition when the total amount of
111	medical, psychiatric, respite, and other care is calculated over
112	the course of an affected person's lifetime.
113	(3)  The Legislature finds that instances of Fetal Alcohol
114	Syndrome can be prevented or reduced by taking steps necessary
115	to the greatest extent possible to protect a developing fetus
116	from the detrimental effects of alcohol consumption by an
117	expectant mother.
118	Section 3.  Public information on Fetal Alcohol Syndrome;
119	Fetal Alcohol Syndrome Prevention Network.--
120	(1)  The Department of Health is directed to develop a
121	public education program to provide information to the public
122	regarding the detrimental effects of Fetal Alcohol Syndrome. The
123	information shall include the following information regarding
124	Fetal Alcohol Syndrome:
125	(a)  That Fetal Alcohol Syndrome is the leading cause of
126	mental retardation in the United States and Florida.
127	(b)  The neurological damage and symptoms of Fetal Alcohol
128	Syndrome.
129	(c)  The permanency of the damage to the brain from Fetal
130	Alcohol Syndrome.
131	(d)  The physiological characteristics and defects of Fetal
132	Alcohol Syndrome.
133	(e)  The developmental delays of Fetal Alcohol Syndrome.
134	(f)  The psychological impact of Fetal Alcohol Syndrome.
135	(g)  The lifetime issues due to Fetal Alcohol Syndrome such
136	as difficulty maintaining successful independence, sustaining
137	healthy relationships, maintaining employment, and the need for
138	long-term support.
139	(h)  The economic impact to the affected person, his or her
140	family, and the people of Florida as a whole due to Fetal
141	Alcohol Syndrome.
142	(2)  The Department of Health, in conjunction with the
143	Department of Children and Families, shall develop, establish,
144	and maintain a Fetal Alcohol Syndrome Prevention Network, which
145	shall consist of licensed service providers as defined in s.
146	397.311, Florida Statutes, and Fetal Alcohol Spectrum Disorders
147	Diagnostic and Intervention Centers that have agreed to
148	participate in providing counseling, education, and support to
149	pregnant women regarding the effects of prenatal exposure to
150	alcohol. The Department of Health shall also establish a
151	telephone information hotline for persons to call to obtain
152	information regarding Fetal Alcohol Syndrome, local licensed
153	service providers participating in the network, or the nearest
154	Fetal Alcohol Spectrum Disorders Diagnostic and Intervention
155	Center participating in the network.
156	(3)  Licensed service providers and Fetal Alcohol Spectrum
157	Disorders Diagnostic and Intervention Centers participating in
158	the Fetal Alcohol Syndrome Prevention Network shall establish a
159	system for assessing charges for services rendered pursuant to
160	statutorily authorized involuntary or court-ordered services in
161	accordance with a client's ability to pay used by providers that
162	receive state funds.
163	(4)  The Department of Health, the Department of Children
164	and Families, and the Division of Alcoholic Beverages and
165	Tobacco of the Department of Business and Professional
166	Regulation shall provide access to the public information
167	developed pursuant to subsection (1) on their respective
168	Internet websites.
169	Section 4.  Section 397.602, Florida Statutes, is created
170	to read:
171	397.602  Voluntary admission for Fetal Alcohol Syndrome
172	prevention.--
173	(1)  An expectant mother who requests an evaluation for the
174	necessity of counseling or treatment services to minimize the
175	risk of alcohol exposure to her unborn child may obtain such
176	evaluation at any licensed service provider or Fetal Alcohol
177	Spectrum Disorders Diagnostic and Intervention Center
178	participating in the Fetal Alcohol Syndrome Prevention Network.
179	The service provider's evaluation must recommend the least
180	restrictive course of action, plan, or service reasonably
181	necessary to remove or minimize the risk of alcohol exposure to
182	the unborn child that is appropriate to meet the expectant
183	mother's needs.
184	(2)(a)  The disability of minority for expectant mothers
185	who have not attained 18 years of age is removed solely for the
186	purpose of obtaining voluntary alcohol or substance abuse
187	treatment services from a licensed service provider, and consent
188	to such services by a minor has the same force and effect as if
189	executed by a client who has reached the age of majority. Such
190	consent is not subject to later disaffirmance based on minority.
191	(b)  Except for purposes of law enforcement activities in
192	connection with protective custody, the disability of minority
193	is not removed if there is an involuntary admission for alcohol
194	or substance abuse treatment services, in which case parental
195	participation may be required as the court finds appropriate.
196	Section 5.  Section 397.675, Florida Statutes, is amended
197	to read:
198	397.675  Criteria for involuntary admissions, including
199	protective custody, emergency admission, and other involuntary
200	assessment, involuntary treatment, and alternative involuntary
201	assessment for minors, for purposes of assessment and
202	stabilization, and for involuntary treatment.--
203	(1)  A person meets the criteria for involuntary admission
204	if there is good faith reason to believe the person is substance
205	abuse impaired and, because of such impairment,:
206	(1)  has lost the power of self-control with respect to
207	substance use; and either
208	(2)(a)  Has inflicted, or threatened or attempted to
209	inflict, or unless admitted is likely to inflict, physical harm
210	on himself or herself or another; or
211	(b)  Is in need of substance abuse services and, by reason
212	of substance abuse impairment, his or her judgment has been so
213	impaired that the person is incapable of appreciating his or her
214	need for such services and of making a rational decision in
215	regard thereto; however, mere refusal to receive such services
216	does not constitute evidence of lack of judgment with respect to
217	his or her need for such services.
218	(2)(a)  A person also may meet the criteria for involuntary
219	admission if the court finds that the person is an expectant
220	mother who, while knowing she is pregnant, has continued to
221	consume alcoholic beverages to such a degree that there is a
222	reasonable possibility that the unborn child, when born, may be
223	diagnosed with Fetal Alcohol Syndrome unless the expectant
224	mother ceases the consumption of alcoholic beverages and that
225	there is good cause to believe she will continue to consume
226	alcoholic beverages if not involuntarily admitted to a treatment
227	facility. Sections 397.501 and 397.581 apply to persons meeting
228	the criteria for involuntary admission under this subsection.
229	For persons involuntarily admitted under this subsection, only
230	licensed service providers, as defined in s. 397.311, that have
231	agreed to participate in providing counseling, detoxification,
232	residential treatment, or any other licensable service component
233	listed in s. 397.311(18) to expectant mothers shall be used for
234	purposes of involuntary admission.
235	(b)  In determining whether an expectant mother meets the
236	criteria for involuntary admission under paragraph (a), a court
237	may consider the following facts in support of its findings:
238	1.  Whether the expectant mother was notified of the
239	effects of Fetal Alcohol Syndrome and was counseled against the
240	consumption of alcoholic beverages.
241	2.  Whether after being warned against the consumption of
242	alcoholic beverages she continued to consume alcoholic
243	beverages.
244	3.  Whether the expectant mother has been offered and
245	refused alcohol or substance abuse treatment or, if enrolled in
246	alcohol or substance abuse treatment, failed to make a good
247	faith effort to participate in the treatment program.
248	4.  Whether the expectant mother exhibits a lack of self-
249	control in the consumption of alcoholic beverages.
250	5.  The quantity and frequency of alcoholic beverage
251	consumption by the expectant mother.
252	6.  Whether the expectant mother has been recommended for
253	alcohol or substance abuse treatment prior to or during her
254	pregnancy by her physician, spouse, or any relative or friend.
255	7.  Medical expert testimony concerning the estimated
256	alcohol-related risk to the health of the unborn child based on
257	the expectant mother's continued consumption of alcoholic
258	beverages.
259	8.  Any other evidence the court considers relevant to
260	determining whether the expectant mother's involuntary admission
261	is necessary to prevent the continued consumption of alcoholic
262	beverages by the expectant mother and that, absent such
263	intervention, there exists a reasonable possibility that the
264	unborn child, when born, may be diagnosed with Fetal Alcohol
265	Syndrome.
266	Section 6.  Subsection (1) of section 397.6772, Florida
267	Statutes, is amended to read:
268	397.6772  Protective custody without consent.--
269	(1)  If a person in circumstances which justify protective
270	custody as described in s. 397.677 fails or refuses to consent
271	to assistance and a law enforcement officer has determined that
272	a hospital or a licensed detoxification or addictions receiving
273	facility is the most appropriate place for the person, the
274	officer may, after giving due consideration to the expressed
275	wishes of the person:
276	(a)  Take the person to a hospital or to a licensed
277	detoxification or addictions receiving facility against the
278	person's will but without using unreasonable force; or
279	(b)  In the case of an adult, detain the person for his or
280	her own protection in any municipal or county jail or other
281	appropriate detention facility, except an expectant mother may
282	not be detained at any municipal or county jail for purposes of
283	Fetal Alcohol Syndrome prevention.
284
285	Such detention is not to be considered an arrest for any
286	purpose, and no entry or other record may be made to indicate
287	that the person has been detained or charged with any crime. The
288	officer in charge of the detention facility must notify the
289	nearest appropriate licensed service provider within the first 8
290	hours after detention that the person has been detained. It is
291	the duty of the detention facility to arrange, as necessary, for
292	transportation of the person to an appropriate licensed service
293	provider with an available bed. Persons taken into protective
294	custody must be assessed by the attending physician within the
295	72-hour period and without unnecessary delay, to determine the
296	need for further services.
297	Section 7.  Section 397.6791, Florida Statutes, is amended
298	to read:
299	397.6791  Emergency admission; persons who may
300	initiate.--The following persons may request an emergency
301	admission:
302	(1)  In the case of an adult, the certifying physician, the
303	person's spouse or guardian, any relative of the person, or any
304	other responsible adult who has personal knowledge of the
305	person's substance abuse impairment.
306	(2)  In the case of an adult expectant mother consuming
307	alcoholic beverages so as to place her unborn child at risk of
308	Fetal Alcohol Syndrome, the certifying physician joined by the
309	expectant mother's spouse, parent or guardian, or sibling,
310	provided the certifying physician and other person joining in
311	the request sign an affidavit stating that such emergency
312	admission is necessary to avert a substantial alcohol-related
313	risk to the health of the unborn child and that the expectant
314	mother has been offered and refused alcohol or other substance
315	abuse treatment services.
316	(3)(2)  In the case of a minor, including any unemancipated
317	minor who is an expectant mother, the minor's parent, legal
318	guardian, or legal custodian.
319	Section 8.  Section 397.6793, Florida Statutes, is amended
320	to read:
321	397.6793  Physician's certificate for emergency
322	admission.--
323	(1)  The physician's certificate must include the name of
324	the person to be admitted, the relationship between the person
325	and the physician, the relationship between the applicant and
326	the physician, any relationship between the physician and the
327	licensed service provider, and a statement that the person has
328	been examined and assessed within 5 days of the application
329	date, and must include factual allegations with respect to the
330	need for emergency admission, including:
331	(a)  The reason for the physician's belief that the person
332	is substance abuse impaired; and
333	(b)  The reason for the physician's belief that because of
334	such impairment the person has lost the power of self-control
335	with respect to substance abuse; and either
336	(c)1.  The reason the physician believes that the person
337	has inflicted or is likely to inflict physical harm on himself
338	or herself or others unless admitted; or
339	2.  The reason the physician believes that the person's
340	refusal to voluntarily receive care is based on judgment so
341	impaired by reason of substance abuse that the person is
342	incapable of appreciating his or her need for care and of making
343	a rational decision regarding his or her need for care.
344	(2)  When the emergency admission is for an expectant
345	mother consuming alcoholic beverages so as to place her unborn
346	child at risk of Fetal Alcohol Syndrome, the physician's
347	certificate must include the name of the person to be admitted,
348	the relationship between the person and the physician, the
349	relationship between the applicant and the physician, any
350	relationship between the physician and the licensed service
351	provider, a statement that the person has been examined and
352	assessed within 5 days of the application date, and a statement
353	of facts based on the expectant mother's consumption of
354	alcoholic beverages that indicates the need for emergency
355	admission to avert or reduce a substantial alcohol-related risk
356	to the health of the unborn child, that the expectant mother has
357	been counseled against the consumption of alcoholic beverages
358	during pregnancy, and that she has been offered and refused
359	alcohol or other substance abuse treatment services.
360	(3)(2)  The physician's certificate must recommend the
361	least restrictive type of service that is appropriate for the
362	person. The certificate must be signed by the physician.
363	(4)(3)  A signed copy of the physician's certificate shall
364	accompany the person, and shall be made a part of the person's
365	clinical record, together with a signed copy of the application.
366	The application and physician's certificate authorize the
367	involuntary admission of the person pursuant to, and subject to
368	the provisions of ss. 397.679-397.6797.
369	(5)(4)  The physician's certificate must indicate whether
370	the person requires transportation assistance for delivery for
371	emergency admission and specify, pursuant to s. 397.6795, the
372	type of transportation assistance necessary.
373	Section 9.  Section 397.681, Florida Statutes, is amended
374	to read:
375	397.681  Involuntary petitions; general provisions; court
376	jurisdiction and right to counsel.--
377	(1)  JURISDICTION.--The courts have jurisdiction of
378	involuntary assessment and stabilization petitions and
379	involuntary treatment petitions for substance abuse impaired
380	persons, and for expectant mothers consuming alcoholic beverages
381	so as to place their unborn child at risk for Fetal Alcohol
382	Syndrome. such Petitions must be filed with the clerk of the
383	court in the county where the person is located. The chief judge
384	may appoint a general or special magistrate to preside over all
385	or part of the proceedings. The alleged impaired person is named
386	as the respondent.
387	(2)  RIGHT TO COUNSEL.--A respondent has the right to
388	counsel at every stage of a proceeding relating to a petition
389	for his or her involuntary assessment and a petition for his or
390	her involuntary treatment authorized in this chapter for
391	substance abuse impairment. A respondent who desires counsel and
392	is unable to afford private counsel has the right to court-
393	appointed counsel and to the benefits of s. 57.081. If the court
394	believes that the respondent needs the assistance of counsel,
395	the court shall appoint such counsel for the respondent without
396	regard to the respondent's wishes. If the respondent is a minor
397	not otherwise represented in the proceeding, the court shall
398	immediately appoint a guardian ad litem to act on the minor's
399	behalf.
400	Section 10.  Section 397.6811, Florida Statutes, is amended
401	to read:
402	397.6811  Involuntary assessment and stabilization.--A
403	person determined by the court to appear to meet the criteria
404	for involuntary admission under s. 397.675 may be admitted for a
405	period of 5 days to a hospital or to a licensed detoxification
406	facility or addictions receiving facility, for involuntary
407	assessment and stabilization or to a less restrictive component
408	of a licensed service provider for assessment only upon entry of
409	a court order or upon receipt by the licensed service provider
410	of a petition. Involuntary assessment and stabilization may be
411	initiated by the submission of a petition to the court.
412	(1)  If the person upon whose behalf the petition is being
413	filed is an adult, a petition for involuntary assessment and
414	stabilization may be filed by the respondent's spouse or
415	guardian, any relative, a private practitioner, the director of
416	a licensed service provider or the director's designee, or any
417	three adults who have personal knowledge of the respondent's
418	substance abuse impairment. If the person upon whose behalf the
419	petition is being filed is an adult expectant mother consuming
420	alcoholic beverages so as to place her unborn child at risk of
421	Fetal Alcohol Syndrome, a petition for involuntary assessment
422	and stabilization may be filed by the respondent's spouse,
423	parent or guardian, or sibling, and joined by a physician.
424	(2)  If the person upon whose behalf the petition is being
425	filed is a minor, including any unemancipated minor who is an
426	expectant mother, a petition for involuntary assessment and
427	stabilization may be filed by a parent, legal guardian, legal
428	custodian, or licensed service provider.
429	Section 11.  Section 397.6814, Florida Statutes, is amended
430	to read:
431	397.6814  Involuntary assessment and stabilization;
432	contents of petition.--
433	(1)  A petition for involuntary assessment and
434	stabilization must contain the name of the respondent; the name
435	of the applicant or applicants; the relationship between the
436	respondent and the applicant; the name of the respondent's
437	attorney, if known, and a statement of the respondent's ability
438	to afford an attorney; and must state facts to support the need
439	for involuntary assessment and stabilization, including:
440	(a)(1)  The reason for the petitioner's belief that the
441	respondent is substance abuse impaired; and
442	(b)(2)  The reason for the petitioner's belief that because
443	of such impairment the respondent has lost the power of self-
444	control with respect to substance abuse; and either
445	(c)1.(3)(a)  The reason the petitioner believes that the
446	respondent has inflicted or is likely to inflict physical harm
447	on himself or herself or others unless admitted; or
448	2.(b)  The reason the petitioner believes that the
449	respondent's refusal to voluntarily receive care is based on
450	judgment so impaired by reason of substance abuse that the
451	respondent is incapable of appreciating his or her need for care
452	and of making a rational decision regarding that need for care.
453	If the respondent has refused to submit to an assessment, such
454	refusal must be alleged in the petition.
455	(2)  When a petition for involuntary assessment and
456	stabilization is for an expectant mother consuming alcoholic
457	beverages so as to place her unborn child at risk of Fetal
458	Alcohol Syndrome, the petition must contain the name of the
459	person to be assessed, the relationship between the person and
460	the physician, the relationship between the applicant and the
461	physician, any relationship between the physician and the
462	licensed service provider, and a statement of facts based on the
463	expectant mother's consumption of alcoholic beverages that
464	indicates the need for involuntary assessment and stabilization
465	to avert or reduce a substantial alcohol related risk to the
466	health of her unborn child, that the expectant mother has been
467	counseled against the consumption of alcoholic beverages during
468	pregnancy, and that she has been offered and refused alcohol or
469	other substance abuse treatment services.
470	Section 12.  Section 397.6815, Florida Statutes, is amended
471	to read:
472	397.6815  Involuntary assessment and stabilization;
473	procedure.--Upon receipt and filing of the petition for the
474	involuntary assessment and stabilization of a substance abuse
475	impaired person or an expectant mother consuming alcoholic
476	beverages so as to place her unborn child at risk for Fetal
477	Alcohol Syndrome by the clerk of the court, the court shall
478	ascertain whether the respondent is represented by an attorney,
479	and if not, whether, on the basis of the petition, an attorney
480	should be appointed; and shall:
481	(1)  Provide a copy of the petition and notice of hearing
482	to the respondent; the respondent's parent, guardian, or legal
483	custodian, in the case of a minor; the respondent's attorney, if
484	known; the petitioner; the respondent's spouse or guardian, if
485	applicable; and such other persons as the court may direct, and
486	have such petition and notice personally delivered to the
487	respondent if he or she is a minor. The court shall also issue a
488	summons to the person whose admission is sought and conduct a
489	hearing within 10 days; or
490	(2)  Without the appointment of an attorney and, relying
491	solely on the contents of the petition, enter an ex parte order
492	authorizing the involuntary assessment and stabilization of the
493	respondent. The court may order a law enforcement officer or
494	other designated agent of the court to take the respondent into
495	custody and deliver him or her to the nearest appropriate
496	licensed service provider.
497	Section 13.  Section 397.695, Florida Statutes, is amended
498	to read:
499	397.695  Involuntary treatment; persons who may petition.--
500	(1)  If the respondent is an adult, a petition for
501	involuntary treatment may be filed by the respondent's spouse or
502	guardian, any relative, a service provider, or any three adults
503	who have personal knowledge of the respondent's substance abuse
504	impairment and his or her prior course of assessment and
505	treatment. If the respondent on whose behalf the petition is
506	being filed is an adult expectant mother consuming alcoholic
507	beverages so as to place her unborn child at risk of Fetal
508	Alcohol Syndrome, a petition for involuntary treatment may be
509	filed by the respondent's spouse, parent or guardian, or
510	sibling, and joined by a physician.
511	(2)  If the respondent is a minor, including any
512	unemancipated minor who is an expectant mother, a petition for
513	involuntary treatment may be filed by a parent, legal guardian,
514	or service provider.
515	Section 14.  Section 397.6951, Florida Statutes, is amended
516	to read:
517	397.6951  Contents of petition for involuntary treatment.--
518	(1)  A petition for involuntary treatment must contain the
519	name of the respondent to be admitted; the name of the
520	petitioner or petitioners; the relationship between the
521	respondent and the petitioner; the name of the respondent's
522	attorney, if known, and a statement of the petitioner's
523	knowledge of the respondent's ability to afford an attorney; the
524	findings and recommendations of the assessment performed by the
525	qualified professional; and the factual allegations presented by
526	the petitioner establishing the need for involuntary treatment,
527	including:
528	(a)(1)  The reason for the petitioner's belief that the
529	respondent is substance abuse impaired; and
530	(b)(2)  The reason for the petitioner's belief that because
531	of such impairment the respondent has lost the power of self-
532	control with respect to substance abuse; and either
533	(c)1.(3)(a)  The reason the petitioner believes that the
534	respondent has inflicted or is likely to inflict physical harm
535	on himself or herself or others unless admitted; or
536	2.(b)  The reason the petitioner believes that the
537	respondent's refusal to voluntarily receive care is based on
538	judgment so impaired by reason of substance abuse that the
539	respondent is incapable of appreciating his or her need for care
540	and of making a rational decision regarding that need for care.
541	(2)  When a petition for involuntary treatment is for an
542	expectant mother consuming alcoholic beverages so as to place
543	her unborn child at risk of Fetal Alcohol Syndrome, the petition
544	must contain the name of the person to be assessed, the
545	relationship between the person and the physician, the
546	relationship between the applicant and the physician, any
547	relationship between the physician and the licensed service
548	provider, and a statement of facts based on the expectant
549	mother's consumption of alcoholic beverages that indicate the
550	need for involuntary treatment to avert or reduce a substantial
551	alcohol-related risk to the health of her unborn child, that the
552	expectant mother has been counseled against the consumption of
553	alcoholic beverages during pregnancy, and that she has been
554	offered and refused alcohol or other substance abuse treatment
555	services.
556	Section 15.  Section 397.6955, Florida Statutes, is amended
557	to read:
558	397.6955  Duties of court upon filing of petition for
559	involuntary treatment.--Upon the filing of a petition for the
560	involuntary treatment of a substance abuse impaired person or an
561	expectant mother consuming alcoholic beverages so as to place
562	her unborn child at risk for Fetal Alcohol Syndrome with the
563	clerk of the court, the court shall immediately determine
564	whether the respondent is represented by an attorney or whether
565	the appointment of counsel for the respondent is appropriate.
566	The court shall schedule a hearing to be held on the petition
567	within 10 days. A copy of the petition and notice of the hearing
568	must be provided to the respondent; the respondent's parent,
569	guardian, or legal custodian, in the case of a minor; the
570	respondent's attorney, if known; the petitioner; the
571	respondent's spouse or guardian, if applicable; and such other
572	persons as the court may direct, and have such petition and
573	order personally delivered to the respondent if he or she is a
574	minor. The court shall also issue a summons to the person whose
575	admission is sought.
576	Section 16.  Section 397.6957, Florida Statutes, is amended
577	to read:
578	397.6957  Hearing on petition for involuntary treatment.--
579	(1)  At a hearing on a petition for involuntary treatment,
580	the court shall hear and review all relevant evidence, including
581	the review of results of the assessment completed by the
582	qualified professional in connection with the respondent's
583	protective custody, emergency admission, involuntary assessment,
584	or alternative involuntary admission. The respondent must be
585	present unless the court finds that his or her presence is
586	likely to be injurious to himself or herself or others, in which
587	event the court must appoint a guardian advocate to act in
588	behalf of the respondent throughout the proceedings.
589	(2)  For a petition seeking treatment based on substance
590	abuse impairment, the petitioner has the burden of proving by
591	clear and convincing evidence:
592	(a)  The respondent is substance abuse impaired, and
593	(b)  Because of such impairment the respondent has lost the
594	power of self-control with respect to substance abuse; and
595	either
596	1.  The respondent has inflicted or is likely to inflict
597	physical harm on himself or herself or others unless admitted;
598	or
599	2.  The respondent's refusal to voluntarily receive care is
600	based on judgment so impaired by reason of substance abuse that
601	the respondent is incapable of appreciating his or her need for
602	care and of making a rational decision regarding that need for
603	care.
604	(3)  For a petition seeking treatment of an expectant
605	mother consuming alcoholic beverages so as to place her unborn
606	child at risk for Fetal Alcohol Syndrome, the petitioner has the
607	burden of proving by clear and convincing evidence that the
608	expectant mother, while knowing she is pregnant, has continued
609	to consume alcoholic beverages to such a degree that there is a
610	reasonable possibility that the unborn child, when born, may be
611	diagnosed with Fetal Alcohol Syndrome unless the expectant
612	mother ceases the consumption of alcoholic beverages and that
613	there is good cause to believe she will continue to consume
614	alcoholic beverages if not involuntarily admitted to a treatment
615	facility.
616	(4)(3)  At the conclusion of the hearing the court shall
617	either dismiss the petition or order the respondent to undergo
618	involuntary substance abuse treatment, with the respondent's
619	chosen licensed service provider to deliver the involuntary
620	substance abuse treatment where possible and appropriate.
621	Section 17.  Section 397.697, Florida Statutes, is amended
622	to read:
623	397.697  Court determination; effect of court order for
624	involuntary substance abuse treatment.--
625	(1)  When the court finds that the conditions for
626	involuntary substance abuse treatment have been proved by clear
627	and convincing evidence, it may order the respondent to undergo
628	involuntary treatment by a licensed service provider for a
629	period not to exceed 60 days. If the court finds it necessary,
630	it may direct the sheriff to take the respondent into custody
631	and deliver him or her to the licensed service provider
632	specified in the court order, or to the nearest appropriate
633	licensed service provider, for involuntary treatment. When the
634	conditions justifying involuntary treatment no longer exist, the
635	client must be released as provided in s. 397.6971. When the
636	conditions justifying involuntary treatment are expected to
637	exist after 60 days of treatment, a renewal of the involuntary
638	treatment order may be requested pursuant to s. 397.6975 prior
639	to the end of the 60-day period.
640	(2)  In all cases resulting in an order for involuntary
641	substance abuse treatment, the court shall retain jurisdiction
642	over the case and the parties for the entry of such further
643	orders as the circumstances may require. The court's
644	requirements for notification of proposed release must be
645	included in the original treatment order.
646	(3)  An involuntary treatment order authorizes the licensed
647	service provider to require the client to undergo such treatment
648	as will benefit him or her, including treatment at any
649	licensable service component of a licensed service provider.
650	Section 18.  Effective October 1, 2007, section 562.063,
651	Florida Statutes, is created to read:
652	562.063  Health warning signs; posting requirement;
653	penalty.--
654	(1)(a)  Each vendor licensed to sell alcoholic beverages
655	for consumption on or off the vendor's premises shall cause a
656	health warning sign that complies with the provisions of
657	paragraph (b) to be posted on the licensed premises where
658	alcoholic beverages are sold, at a location in each room where
659	the alcoholic beverages are available for sale, and in such a
660	fashion as to be clearly visible to the patrons of the licensed
661	vendor.
662	(b)  Each sign required to be posted pursuant to paragraph
663	(a) must be posted in English, Spanish, and Creole; must be at
664	least 12 inches by 18 inches in size; must be laminated for
665	durability and neatness; and must read as follows:
666
667	HEALTH WARNING
668	ALCOHOL IN BEER, COOLERS, WINE, AND LIQUOR CAN CAUSE:
669	FETAL ALCOHOL SYNDROME BIRTH DEFECTS.
670	DO NOT DRINK DURING PREGNANCY.
671	DRUNK DRIVING
672	DO NOT DRINK BEFORE DRIVING A CAR, OPERATING A BOAT, OR
673	OPERATING MACHINERY.
674	ADDICTION
675	DO NOT MIX ALCOHOL WITH OTHER DRUGS, INCLUDING
676	PRESCRIPTION OR ILLEGAL DRUGS.
677	IT CAN BE FATAL.
678	(c)  The division shall produce health warning signs that
679	comply with paragraph (b) and distribute the signs to the
680	licensed vendors operating establishments that sell alcoholic
681	beverages for consumption on or off the premises. The division
682	shall impose a fee and collect from each vendor an amount
683	sufficient to cover the costs of printing and delivering the
684	signs.
685	(2)  A vendor of alcoholic beverages may not sell any
686	alcoholic beverage unless the vendor has properly posted the
687	health warning signs as required under subsection (1). Any
688	vendor who violates this subsection commits a misdemeanor of the
689	second degree, punishable as provided in s. 775.082 and s.
690	775.083.
691	Section 19.  The Division of Alcoholic Beverages and
692	Tobacco of the Department of Business and Professional
693	Regulation shall produce and distribute health warning signs in
694	compliance with s. 562.063, Florida Statutes, as created by this
695	act.
696	Section 20.  Establishment of Fetal Alcohol Spectrum
697	Disorders Diagnostic and Intervention Centers; professional
698	training.--The Department of Health shall contract with the
699	Florida Center for Child and Family Development to establish
700	Fetal Alcohol Spectrum Disorders Diagnostic and Intervention
701	Centers and develop and provide professional training for
702	Healthy Families, Healthy Start, child protection, child care,
703	domestic violence, behavioral health care, education, and
704	physical health care professionals as well as any other groups
705	working with children or pregnant women. The Fetal Alcohol
706	Spectrum Disorders Diagnostic and Intervention Centers shall be
707	located in Sarasota, Hillsborough, Duval, and Miami-Dade
708	Counties and other counties to be added as need arises and funds
709	are sufficient for staffing.
710	Section 21.  Except as otherwise expressly provided in this
711	act, this act shall take effect July 1, 2007.

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