Florida Senate - 2017                      CS for CS for SB 1726
       By the Committees on Appropriations; and Agriculture; and
       Senators Montford and Powell
       576-04160-17                                          20171726c2
    1                        A bill to be entitled                      
    2         An act relating to industrial hemp pilot projects;
    3         creating s. 1004.4473, F.S.; authorizing the
    4         Department of Agriculture and Consumer Services to
    5         oversee the development of industrial hemp pilot
    6         projects for the Institute of Food and Agricultural
    7         Sciences at the University of Florida and the Florida
    8         Agricultural and Mechanical University; authorizing
    9         the universities to develop the pilot projects in
   10         partnership with public, nonprofit, and private
   11         entities; providing the purpose of the pilot projects;
   12         defining terms; requiring each university to obtain
   13         the authorization of its board of trustees before
   14         implementing a pilot project; requiring pilot projects
   15         to comply with rules adopted by the department;
   16         requiring the department to adopt certain rules by a
   17         specified date; requiring the universities to develop
   18         partnerships with certain entities; requiring the
   19         universities to establish guidelines for the approval,
   20         oversight, and enforcement of pilot project rules;
   21         requiring a report to the Governor and the Legislature
   22         within a specified timeframe; providing an effective
   23         date.
   25  Be It Enacted by the Legislature of the State of Florida:
   27         Section 1. Section 1004.4473, Florida Statutes, is created
   28  to read:
   29         1004.4473 Industrial hemp pilot projects.—
   30         (1) The Department of Agriculture and Consumer Services
   31  shall authorize and oversee the development of industrial hemp
   32  pilot projects, and promulgate the rules governing such
   33  projects, for the Institute of Food and Agricultural Sciences at
   34  the University of Florida and the Florida Agricultural and
   35  Mechanical University. The Institute of Food and Agricultural
   36  Sciences at the University of Florida and the Florida
   37  Agricultural and Mechanical University may develop industrial
   38  hemp pilot projects in partnership with public, nonprofit, and
   39  private entities in accordance with this section and all
   40  applicable state and federal laws. The purpose of the pilot
   41  projects is to cultivate, process, test, research, create, and
   42  market safe and effective commercial applications for industrial
   43  hemp in the agricultural sector in this state.
   44         (2) As used in this section, the term:
   45         (a) “Hemp material” means a substance containing hemp
   46  stems, leaves, fibers, seeds, extracts, oil, or any other
   47  substance derived or harvested from a species of the cannabis
   48  plant.
   49         (b) “Industrial hemp” means all parts and varieties of the
   50  cannabis sativa plant, cultivated or possessed by an approved
   51  grower under the pilot project, whether growing or not, which
   52  contain a tetrahydrocannabinol concentration that does not
   53  exceed 0.3 percent on a dry-weight basis.
   54         (c) “Industrial hemp pilot project” or “pilot project”
   55  means a project that includes research of industrial hemp and
   56  any aspect of cultivation, harvesting, processing, market
   57  research, and sales of approved industrial hemp agricultural,
   58  industrial, and commercial products.
   59         (d) “Qualified program personnel” means a person who, or an
   60  employee of a company, that, partners with the University of
   61  Florida or the Florida Agricultural and Mechanical University on
   62  a pilot project, is certified by the university, is 18 years of
   63  age or older, and has passed the required criminal background
   64  check.
   65         (e) “Qualified project partner” means a public, nonprofit,
   66  or private entity that has a principal place of business is in
   67  this state and meets the requirements of subsection (3).
   68         (3) A qualified project partner must, at a minimum, meet
   69  all of the following requirements:
   70         (a)Have access to a grow site and research facility
   71  located in this state which is acceptable for the cultivation,
   72  processing, and manufacturing of industrial hemp and hemp
   73  products, as determined by the Department of Agriculture and
   74  Consumer Services.
   75         (b)Submit a comprehensive business or research plan
   76  acceptable to the partnering university.
   77         (c)Provide proof of prior experience in the cultivation,
   78  processing, manufacturing, or research of medical marijuana or
   79  industrial hemp, as determined by the Department of Agriculture
   80  and Consumer Services.
   81         (4) Each university must obtain the authorization of its
   82  board of trustees before implementing an industrial hemp pilot
   83  project. A pilot project authorized by a university must be
   84  registered with the Department of Agriculture and Consumer
   85  Services. The pilot project must comply with rules adopted by
   86  the department, which must address safety, compliance, and
   87  accountability and, at a minimum, must require the universities
   88  to provide detailed information on the scope, design, and
   89  objectives of the pilot project; information on personnel and
   90  participants involved in the pilot project; facility locations
   91  and security; the chain of control of hemp material; the
   92  economic impact of the pilot project on the state’s agricultural
   93  sector; genetic research, ensuring that psychotropic compounds
   94  will not be synthesized; and compliance with state and federal
   95  law. The rules shall be promulgated by the department no later
   96  than October 31, 2018.
   97         (5) Each university shall develop partnerships with
   98  qualified project partners to attract experts and investors
   99  experienced with industrial hemp research and the
  100  commercialization of such projects.
  101         (6) The universities’ respective research offices shall
  102  oversee the pilot projects and ensure compliance with department
  103  rule. The offices must identify a contact person who is
  104  responsible for oversight of the pilot project. Each university
  105  research office shall adopt procedures and guidelines to ensure
  106  the proper operation of the pilot project, the proper handling
  107  of hemp material and products, compliance with state and federal
  108  law, and the safety and security of the pilot project
  109  facilities. At a minimum, the guidelines must meet all of the
  110  following requirements:
  111         (a) Designate the physical location, global positioning
  112  system position, and map of the pilot project facility. Areas
  113  within the facility must be designated as general access or
  114  limited access. An area where hemp material is cultivated,
  115  processed, stored, or packaged or where industrial hemp research
  116  is conducted must be designated as limited access. Limited
  117  access areas must be restricted to entry by qualified program
  118  personnel and authorized visitors accompanied at all times by
  119  qualified program personnel. All other areas of the facility may
  120  be designated as general access and are open to authorized
  121  visitors, regardless of whether accompanied by qualified program
  122  personnel.
  123         (b) Identify the qualified program personnel involved in
  124  the pilot projects. The personnel must have successfully
  125  completed a level 2 screening pursuant to s. 435.04. Owners and
  126  employees of companies directly involved in the pilot projects
  127  must comply with this requirement.
  128         (c) Authorize the qualified program personnel to handle,
  129  grow, cultivate, process, and manufacture hemp materials.
  130         (d) Establish a testing program and protocols to ensure the
  131  proper labeling of hemp material.
  132         (e) Establish guidelines for attracting successful,
  133  entrepreneurial, and experienced public and private investors
  134  and partners who are interested in pursuing an industrial hemp
  135  pilot project.
  136         (7) Each university that implements an industrial hemp
  137  pilot project shall submit a report to the Governor, the
  138  President of the Senate, and the Speaker of the House of
  139  Representatives on the status of its pilot project and any
  140  research related to the cultivation, harvesting, processing, and
  141  uses of industrial hemp. The report must be prepared and
  142  submitted within 2 years after the pilot project’s creation.
  143         Section 2. This act shall take effect upon becoming a law.