CS for CS for SB 1726                            First Engrossed
    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; providing requirements for a qualified
   13         project partner; requiring each university to obtain
   14         the authorization of its board of trustees before
   15         implementing a pilot project; requiring pilot projects
   16         to comply with rules adopted by the department;
   17         requiring the department to adopt certain rules by a
   18         specified date; requiring the universities to develop
   19         partnerships with certain entities; requiring the
   20         universities to establish guidelines for the approval,
   21         oversight, and enforcement of pilot project rules;
   22         requiring a report to the Governor and the Legislature
   23         within a specified timeframe; providing an effective
   24         date.
   26  Be It Enacted by the Legislature of the State of Florida:
   28         Section 1. Section 1004.4473, Florida Statutes, is created
   29  to read:
   30         1004.4473 Industrial hemp pilot projects.—
   31         (1) The Department of Agriculture and Consumer Services
   32  shall authorize and oversee the development of industrial hemp
   33  pilot projects, and adopt rules as required under the
   34  Agricultural Act of 2014, 7 U.S.C. s. 5940, to implement this
   35  section, including rules for the certification and registration
   36  of sites used for growth or cultivation, for the Institute of
   37  Food and Agricultural Sciences at the University of Florida and
   38  the Florida Agricultural and Mechanical University. The
   39  Institute of Food and Agricultural Sciences at the University of
   40  Florida and the Florida Agricultural and Mechanical University
   41  may develop industrial hemp pilot projects in partnership with
   42  public, nonprofit, and private entities in accordance with this
   43  section and all applicable state and federal laws. The purpose
   44  of the pilot projects is to cultivate, process, test, research,
   45  create, and market safe and effective commercial applications
   46  for industrial hemp in the agricultural sector in this state.
   47         (2) As used in this section, the term:
   48         (a) “Hemp material” means a substance containing hemp
   49  stems, leaves, fibers, seeds, extracts, oil, or any other
   50  substance derived or harvested from a species of the cannabis
   51  plant.
   52         (b) “Industrial hemp” means all parts and varieties of the
   53  cannabis sativa plant, cultivated or possessed by an approved
   54  grower under the pilot project, whether growing or not, which
   55  contain a tetrahydrocannabinol concentration that does not
   56  exceed 0.3 percent on a dry-weight basis.
   57         (c) “Industrial hemp pilot project” or “pilot project”
   58  means a project that includes research of industrial hemp and
   59  any aspect of cultivation, harvesting, processing, market
   60  research, and sales of approved industrial hemp agricultural,
   61  industrial, and commercial products.
   62         (d) “Qualified program personnel” means a person who, or an
   63  employee of a company, that, partners with the University of
   64  Florida or the Florida Agricultural and Mechanical University on
   65  a pilot project, is certified by the university, is 18 years of
   66  age or older, and has passed the required criminal background
   67  check.
   68         (e) “Qualified project partner” means a public, nonprofit,
   69  or private entity that has a principal place of business is in
   70  this state and meets the requirements of subsection (3).
   71         (3) A qualified project partner must, at a minimum, meet
   72  all of the following requirements:
   73         (a)Have access to a grow site and research facility
   74  located in this state which is acceptable for the cultivation,
   75  processing, and manufacturing of industrial hemp and hemp
   76  products, as determined by the Department of Agriculture and
   77  Consumer Services.
   78         (b)Submit a comprehensive business or research plan
   79  acceptable to the partnering university.
   80         (c) Provide proof of prior experience in or knowledge of,
   81  or demonstrate a strong interest in and commitment to, the
   82  cultivation, processing, manufacturing, or research of
   83  industrial hemp, as determined by the Department of Agriculture
   84  and Consumer Services.
   85         (4) Each university must obtain the authorization of its
   86  board of trustees before implementing an industrial hemp pilot
   87  project. A pilot project authorized by a university must be
   88  registered with the Department of Agriculture and Consumer
   89  Services. The pilot project must comply with rules adopted by
   90  the department, which must address safety, compliance, and
   91  accountability and, at a minimum, must require the universities
   92  to provide detailed information on the scope, design, and
   93  objectives of the pilot project; information on personnel and
   94  participants involved in the pilot project; facility locations
   95  and security; the chain of control of hemp material; the
   96  economic impact of the pilot project on the state’s agricultural
   97  sector; genetic research, ensuring that psychotropic compounds
   98  will not be synthesized; and compliance with state and federal
   99  law. The rules shall be promulgated by the department no later
  100  than October 31, 2018.
  101         (5) Each university shall develop partnerships with
  102  qualified project partners to attract experts and investors
  103  experienced with industrial hemp research and the
  104  commercialization of such projects.
  105         (6) The universities’ respective research offices shall
  106  oversee the pilot projects and ensure compliance with department
  107  rule. The offices must identify a contact person who is
  108  responsible for oversight of the pilot project. Each university
  109  research office shall adopt procedures and guidelines to ensure
  110  the proper operation of the pilot project, the proper handling
  111  of hemp material and products, compliance with state and federal
  112  law, and the safety and security of the pilot project
  113  facilities. At a minimum, the guidelines must meet all of the
  114  following requirements:
  115         (a) Designate the physical location, global positioning
  116  system position, and map of the pilot project facility. Areas
  117  within the facility must be designated as general access or
  118  limited access. An area where hemp material is cultivated,
  119  processed, stored, or packaged or where industrial hemp research
  120  is conducted must be designated as limited access. Limited
  121  access areas must be restricted to entry by qualified program
  122  personnel and authorized visitors accompanied at all times by
  123  qualified program personnel. All other areas of the facility may
  124  be designated as general access and are open to authorized
  125  visitors, regardless of whether accompanied by qualified program
  126  personnel.
  127         (b) Identify the qualified program personnel involved in
  128  the pilot projects. The personnel must have successfully
  129  completed a level 2 screening pursuant to s. 435.04. Owners and
  130  employees of companies directly involved in the pilot projects
  131  must comply with this requirement.
  132         (c) Authorize the qualified program personnel to handle,
  133  grow, cultivate, process, and manufacture hemp materials.
  134         (d) Establish a testing program and protocols to ensure the
  135  proper labeling of hemp material.
  136         (e) Establish guidelines for attracting successful,
  137  entrepreneurial, and experienced public and private investors
  138  and partners who are interested in pursuing an industrial hemp
  139  pilot project.
  140         (7) Each university that implements an industrial hemp
  141  pilot project shall submit a report to the Governor, the
  142  President of the Senate, and the Speaker of the House of
  143  Representatives on the status of its pilot project and any
  144  research related to the cultivation, harvesting, processing, and
  145  uses of industrial hemp. The report must be prepared and
  146  submitted within 2 years after the pilot project’s creation.
  147         Section 2. This act shall take effect upon becoming a law.