Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. CS for SB 1726
Ì8628524Î862852
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/20/2017 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Appropriations (Galvano) recommended the
following:
1 Senate Amendment (with title amendment)
2
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.
122
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.