Florida Senate - 2017 CS for SB 1726
By the Committee on Agriculture; and Senators Montford and
Powell
575-03319-17 20171726c1
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 universities to
15 establish guidelines for the approval, oversight, and
16 enforcement of pilot project rules; requiring a report
17 to the Governor and the Legislature; prohibiting
18 projects from being funded with public funds;
19 providing an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Section 1004.4473, Florida Statutes, is created
24 to read:
25 1004.4473 Industrial hemp pilot projects.—
26 (1) The Institute of Food and Agricultural Sciences at the
27 University of Florida and the Florida Agricultural and
28 Mechanical University may develop industrial hemp pilot projects
29 in partnership with public, nonprofit, and private entities in
30 accordance with this section and other state and federal laws.
31 The purpose of these pilot projects is to cultivate, process,
32 test, research, create, and market safe and effective commercial
33 applications for industrial hemp in the agricultural sector in
34 this state.
35 (2) As used in this section, the term:
36 (a) “Hemp material” means a substance containing hemp
37 stems, leaves, fibers, seeds, extracts, oil, or any other
38 substance derived or harvested from a species of the cannabis
39 plant.
40 (b) “Industrial hemp” means all parts and varieties of the
41 cannabis sativa plant, cultivated or possessed by an approved
42 grower under the pilot project, whether growing or not, which
43 contain a tetrahydrocannabinol concentration that does not
44 exceed 0.3 percent on a dry-weight basis.
45 (c) “Industrial hemp pilot project” or “pilot project”
46 means a project that includes research of industrial hemp and
47 any aspect of cultivation, harvesting, processing, market
48 research, and sales of approved industrial hemp agricultural,
49 industrial, and commercial products.
50 (d) “Qualified program personnel” means a person who, or an
51 employee of a company that, partners with the University of
52 Florida or the Florida Agricultural and Mechanical University on
53 a pilot project, is certified by the university, is 18 years of
54 age or older, and has passed the required criminal background
55 check.
56 (3) Each university must obtain the authorization of its
57 board of trustees before implementing an industrial hemp pilot
58 project. A pilot project authorized by a university must be
59 registered with the Department of Agriculture and Consumer
60 Services. The pilot project must comply with rules adopted by
61 the department, which must address safety, compliance, and
62 accountability and, at a minimum, must require the universities
63 to provide detailed information on the scope, design, and
64 objectives of the pilot project; information on personnel and
65 participants involved in the pilot project; facility locations
66 and security; the chain of control of hemp material; the
67 economic impact of the pilot project on the state’s agricultural
68 sector; genetic research, ensuring that psychotropic compounds
69 will not be synthesized; and compliance with state and federal
70 law.
71 (4) Each university shall develop partnerships with public,
72 nonprofit, and private entities to attract experts and investors
73 experienced with industrial hemp research and commercialization
74 who invest in such projects.
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 (7) A project implemented under this section may not be
126 funded with public funds.
127 Section 2. This act shall take effect upon becoming a law.