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.
   22  Be It Enacted by the Legislature of the State of Florida:
   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.