Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1726
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/20/2017           .                                

       The Committee on Appropriations (Galvano) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 1004.4473, Florida Statutes, is created
    6  to read:
    7         1004.4473 Industrial hemp pilot projects.
    8         (1) The Department of Agriculture and Consumer Services
    9  shall authorize and oversee the development of industrial hemp
   10  pilot projects, and promulgate the rules governing such
   11  projects, for the Institute of Food and Agricultural Sciences at
   12  the University of Florida and the Florida Agricultural and
   13  Mechanical University. The Institute of Food and Agricultural
   14  Sciences at the University of Florida and the Florida
   15  Agricultural and Mechanical University may develop industrial
   16  hemp pilot projects in partnership with public, nonprofit, and
   17  private entities in accordance with this section and all
   18  applicable state and federal laws. The purpose of the pilot
   19  projects is to cultivate, process, test, research, create, and
   20  market safe and effective commercial applications for industrial
   21  hemp in the agricultural sector in this state.
   22         (2) As used in this section, the term:
   23         (a) “Hemp material” means a substance containing hemp
   24  stems, leaves, fibers, seeds, extracts, oil, or any other
   25  substance derived or harvested from a species of the cannabis
   26  plant.
   27         (b) “Industrial hemp” means all parts and varieties of the
   28  cannabis sativa plant, cultivated or possessed by an approved
   29  grower under the pilot project, whether growing or not, which
   30  contain a tetrahydrocannabinol concentration that does not
   31  exceed 0.3 percent on a dry-weight basis.
   32         (c) “Industrial hemp pilot project” or “pilot project”
   33  means a project that includes research of industrial hemp and
   34  any aspect of cultivation, harvesting, processing, market
   35  research, and sales of approved industrial hemp agricultural,
   36  industrial, and commercial products.
   37         (d) “Qualified program personnel” means a person who, or an
   38  employee of a company, that, partners with the University of
   39  Florida or the Florida Agricultural and Mechanical University on
   40  a pilot project, is certified by the university, is 18 years of
   41  age or older, and has passed the required criminal background
   42  check.
   43         (e) “Qualified project partner” means a public, nonprofit,
   44  or private entity that has a principal place of business is in
   45  this state and meets the requirements of subsection (3).
   46         (3) A qualified project partner must, at a minimum, meet
   47  all of the following requirements:
   48         (a)Have access to a grow site and research facility
   49  located in this state which is acceptable for the cultivation,
   50  processing, and manufacturing of industrial hemp and hemp
   51  products, as determined by the Department of Agriculture and
   52  Consumer Services.
   53         (b)Submit a comprehensive business or research plan
   54  acceptable to the partnering university.
   55         (c)Provide proof of prior experience in the cultivation,
   56  processing, manufacturing, or research of medical marijuana or
   57  industrial hemp, as determined by the Department of Agriculture
   58  and Consumer Services.
   59         (4) Each university must obtain the authorization of its
   60  board of trustees before implementing an industrial hemp pilot
   61  project. A pilot project authorized by a university must be
   62  registered with the Department of Agriculture and Consumer
   63  Services. The pilot project must comply with rules adopted by
   64  the department, which must address safety, compliance, and
   65  accountability and, at a minimum, must require the universities
   66  to provide detailed information on the scope, design, and
   67  objectives of the pilot project; information on personnel and
   68  participants involved in the pilot project; facility locations
   69  and security; the chain of control of hemp material; the
   70  economic impact of the pilot project on the state’s agricultural
   71  sector; genetic research, ensuring that psychotropic compounds
   72  will not be synthesized; and compliance with state and federal
   73  law. The rules shall be promulgated by the department no later
   74  than October 31, 2018.
   75         (5) Each university shall develop partnerships with
   76  qualified project partners to attract experts and investors
   77  experienced with industrial hemp research and the
   78  commercialization of such projects.
   79         (6) The universities’ respective research offices shall
   80  oversee the pilot projects and ensure compliance with department
   81  rule. The offices must identify a contact person who is
   82  responsible for oversight of the pilot project. Each university
   83  research office shall adopt procedures and guidelines to ensure
   84  the proper operation of the pilot project, the proper handling
   85  of hemp material and products, compliance with state and federal
   86  law, and the safety and security of the pilot project
   87  facilities. At a minimum, the guidelines must meet all of the
   88  following requirements:
   89         (a) Designate the physical location, Global Positioning
   90  System position, and map of the pilot project facility. Areas
   91  within the facility must be designated as general access or
   92  limited access. An area where hemp material is cultivated,
   93  processed, stored, or packaged or where industrial hemp research
   94  is conducted must be designated as limited access. Limited
   95  access areas must be restricted to entry by qualified program
   96  personnel and authorized visitors accompanied at all times by
   97  qualified program personnel. All other areas of the facility may
   98  be designated as general access and are open to authorized
   99  visitors, regardless of whether accompanied by qualified program
  100  personnel.
  101         (b) Identify the qualified program personnel involved in
  102  the pilot projects. The personnel must have successfully
  103  completed a level 2 screening pursuant to s. 435.04. Owners and
  104  employees of companies directly involved in the pilot projects
  105  must comply with this requirement.
  106         (c) Authorize the qualified program personnel to handle,
  107  grow, cultivate, process, and manufacture hemp materials.
  108         (d) Establish a testing program and protocols to ensure the
  109  proper labeling of hemp material.
  110         (e) Establish guidelines for attracting successful,
  111  entrepreneurial, and experienced public and private investors
  112  and partners who are interested in pursuing an industrial hemp
  113  pilot project.
  114         (7) Each university that implements an industrial hemp
  115  pilot project shall submit a report to the Governor, the
  116  President of the Senate, and the Speaker of the House of
  117  Representatives on the status of its pilot project and any
  118  research related to the cultivation, harvesting, processing, and
  119  uses of industrial hemp. The report must be prepared and
  120  submitted within 2 years after the pilot project’s creation.
  121         Section 2. This act shall take effect upon becoming a law.
  123  ================= T I T L E  A M E N D M E N T ================
  124  And the title is amended as follows:
  125         Delete everything before the enacting clause
  126  and insert:
  127                        A bill to be entitled                      
  128         An act relating to industrial hemp pilot projects;
  129         creating s. 1004.4473, F.S.; authorizing the
  130         Department of Agriculture and Consumer Services to
  131         oversee the development of industrial hemp pilot
  132         projects for the Institute of Food and Agricultural
  133         Sciences at the University of Florida and the Florida
  134         Agricultural and Mechanical University; authorizing
  135         the universities to develop the pilot projects in
  136         partnership with public, nonprofit, and private
  137         entities; providing the purpose of the pilot projects;
  138         defining terms; requiring each university to obtain
  139         the authorization of its board of trustees before
  140         implementing a pilot project; requiring pilot projects
  141         to comply with rules adopted by the department;
  142         requiring the department to adopt certain rules by a
  143         specified date; requiring the universities to develop
  144         partnerships with certain entities; requiring the
  145         universities to establish guidelines for the approval,
  146         oversight, and enforcement of pilot project rules;
  147         requiring a report to the Governor and the Legislature
  148         within a specified timeframe; providing an effective
  149         date.