Florida Senate - 2017 SB 1726 By Senator Montford 3-01456-17 20171726__ 1 A bill to be entitled 2 An act relating to industrial hemp pilot projects; 3 creating s. 1004.4473, F.S.; authorizing specified 4 state universities to develop industrial hemp pilot 5 projects in partnership with public, nonprofit, and 6 private entities; providing the purpose of the pilot 7 projects; defining terms; requiring authorization from 8 a university’s board of trustees before the university 9 may implement a pilot project; requiring pilot 10 projects to comply with rules adopted by the 11 Department of Agriculture and Consumer Services; 12 providing requirements for such rules; requiring the 13 specified state universities to develop partnerships 14 with certain entities; requiring the pilot projects to 15 be funded with private resources to the fullest extent 16 possible; requiring the universities to establish 17 guidelines for the approval, oversight, and 18 enforcement of pilot project rules; requiring a report 19 to the Governor and the Legislature; providing an 20 effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Section 1004.4473, Florida Statutes, is created 25 to read: 26 1004.4473 Industrial hemp pilot projects.— 27 (1) The Institute of Food and Agricultural Sciences at the 28 University of Florida and the Florida Agricultural and 29 Mechanical University may develop industrial hemp pilot projects 30 in partnership with public, nonprofit, and private entities in 31 accordance with this section and other state and federal laws. 32 The purpose of these pilot projects is to cultivate, process, 33 test, research, create, and market safe and effective commercial 34 applications for industrial hemp in the agricultural sector in 35 this state. 36 (2) As used in this section, the term: 37 (a) “Hemp material” means a substance containing hemp 38 stems, leaves, fibers, seeds, extracts, oil, or any other 39 substance derived or harvested from a species of the cannabis 40 plant. 41 (b) “Industrial hemp” means all parts and varieties of the 42 cannabis sativa plant, cultivated or possessed by an approved 43 grower under the pilot project, whether growing or not, which 44 contain a tetrahydrocannabinol concentration that does not 45 exceed 0.3 percent on a dry-weight basis. 46 (c) “Industrial hemp pilot project” or “pilot project” 47 means a project that includes research of industrial hemp and 48 any aspect of cultivation, harvesting, processing, market 49 research, and sales of approved industrial hemp agricultural, 50 industrial, and commercial products. 51 (d) “Qualified program personnel” means a person who, or an 52 employee of a company that, partners with the University of 53 Florida or the Florida Agricultural and Mechanical University on 54 a pilot project, is certified by the university, is 18 years of 55 age or older, and has passed the required criminal background 56 check. 57 (3) Each university must obtain the authorization of its 58 board of trustees before implementing an industrial hemp pilot 59 project. A pilot project authorized by a university must be 60 registered with the Department of Agriculture and Consumer 61 Services. The pilot project must comply with rules adopted by 62 the department, which must address safety, compliance, and 63 accountability and, at a minimum, must require the universities 64 to provide detailed information on the scope, design, and 65 objectives of the pilot project; information on personnel and 66 participants involved in the pilot project; facility locations 67 and security; the chain of control of hemp material; the 68 economic impact of the pilot project on the state’s agricultural 69 sector; and compliance with state and federal law. 70 (4) Each university shall develop partnerships with public, 71 nonprofit, and private entities to attract experts and investors 72 experienced with industrial hemp research and commercialization 73 who invest in such projects. To the fullest extent possible, 74 pilot projects must be funded from private resources. 75 (5) The universities’ respective research offices shall 76 oversee the pilot projects and ensure compliance with department 77 rule. The offices must identify a contact person who is 78 responsible for oversight of the pilot project. Each university 79 research office shall adopt procedures and guidelines to ensure 80 the proper operation of the pilot project, the proper handling 81 of hemp material and products, compliance with state and federal 82 law, and the safety and security of the pilot project 83 facilities. At a minimum, the guidelines must meet all of the 84 following requirements: 85 (a) Designate the physical location, Global Positioning 86 System position, and map of the pilot project facility. Areas 87 within the facility must be designated as general access or 88 limited access. An area where hemp material is cultivated, 89 processed, stored, or packaged or where industrial hemp research 90 is conducted must be designated as limited access. Limited 91 access areas must be restricted to entry by qualified program 92 personnel and authorized visitors accompanied at all times by 93 qualified program personnel. All other areas of the facility may 94 be designated as general access and are open to authorized 95 visitors, regardless of whether accompanied by qualified program 96 personnel. 97 (b) Identify the qualified program personnel involved in 98 the pilot projects. The personnel must have successfully 99 completed a level 2 screening pursuant to s. 435.04. Owners and 100 employees of companies directly involved in the pilot projects 101 must comply with this requirement. 102 (c) Authorize the qualified program personnel to handle, 103 grow, cultivate, process, and manufacture hemp materials. 104 (d) Establish minimum security standards for the handling 105 of industrial hemp, including: 106 1. Processing and disposal requirements for any waste that 107 contains hemp material. 108 2. Storage, testing, research, and transportation 109 requirements for hemp material. 110 3. Packaging, labeling, and tracking requirements for hemp 111 material. 112 (e) Establish a testing program and protocols to ensure the 113 proper labeling of hemp material. 114 (f) Establish guidelines for attracting successful, 115 entrepreneurial, and experienced public and private investors 116 and partners who are interested in pursuing an industrial hemp 117 pilot project with either university. 118 (6) Each university that implements an industrial hemp 119 pilot project shall submit a report to the Governor, the 120 President of the Senate, and the Speaker of the House of 121 Representatives on the status of its pilot project and any 122 research related to the cultivation, harvesting, processing, and 123 uses of industrial hemp. The report must be prepared and 124 submitted within 2 years after the pilot project’s creation. 125 Section 2. This act shall take effect upon becoming a law.