2017 Legislature            CS for CS for SB 1726, 2nd Engrossed
    2         An act relating to industrial hemp pilot projects;
    3         creating s. 1004.4473, F.S.; defining terms; directing
    4         the Department of Agriculture and Consumer Services to
    5         authorize and oversee the development of industrial
    6         hemp pilot projects for certain universities;
    7         providing the purpose of the pilot projects; requiring
    8         the department to adopt certain rules by a specified
    9         date; requiring each university to obtain the
   10         authorization of its board of trustees before
   11         implementing a pilot project; requiring pilot projects
   12         to comply with rules adopted by the department;
   13         requiring the universities to develop partnerships
   14         with certain entities; authorizing the universities to
   15         develop pilot projects in partnership with public,
   16         nonprofit, and private entities; requiring the
   17         universities to establish guidelines for the approval,
   18         oversight, and enforcement of pilot project rules;
   19         requiring universities to delay industrial hemp
   20         commercialization projects under certain conditions;
   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) As used in this section, the term:
   31         (a) “Department” means the Department of Agriculture and
   32  Consumer Services.
   33         (b) “Hemp material” means a substance containing hemp
   34  stems, leaves, fibers, seeds, extracts, oil, or any other
   35  substance derived or harvested from a species of the cannabis
   36  plant.
   37         (c) “Industrial hemp” means all parts and varieties of the
   38  cannabis sativa plant, cultivated or possessed by an approved
   39  grower under the pilot project, whether growing or not, which
   40  contain a tetrahydrocannabinol concentration that does not
   41  exceed 0.3 percent on a dry-weight basis.
   42         (d) “Industrial hemp pilot project” or “pilot project”
   43  means a project that includes research of industrial hemp and
   44  any aspect of cultivation, harvesting, processing, market
   45  research, and sales of approved industrial hemp agricultural,
   46  industrial, and commercial products.
   47         (e) “Qualified program personnel” means a person who, or an
   48  employee of a company that, partners with a university on a
   49  pilot project, is certified by the university, and is 18 years
   50  of age or older.
   51         (f) “Qualified project partner” means a public, nonprofit,
   52  or private entity that:
   53         1. Has a principal place of business is in this state.
   54         2. Has access to a grow site and research facility located
   55  in this state which is acceptable for the cultivation,
   56  processing, and manufacturing of industrial hemp and hemp
   57  products, as determined by the department.
   58         3. Submits a comprehensive business or research plan
   59  acceptable to the partnering university.
   60         4. Provides proof of prior experience in or knowledge of,
   61  or demonstrates an interest in and commitment to, the
   62  cultivation, processing, manufacturing, or research of
   63  industrial hemp, as determined by the department.
   64         (2)(a) The department shall authorize and oversee the
   65  development of industrial hemp pilot projects for the Institute
   66  of Food and Agricultural Sciences at the University of Florida,
   67  Florida Agricultural and Mechanical University, and any land
   68  grant university in the state that has a college of agriculture.
   69  The department shall adopt rules as required under the
   70  Agricultural Act of 2014, 7 U.S.C. s. 5940, to implement this
   71  section, including rules for the certification and registration
   72  of sites used for growth or cultivation. The purpose of the
   73  pilot projects is to cultivate, process, test, research, create,
   74  and market safe and effective commercial applications for
   75  industrial hemp in the agricultural sector in this state.
   76         (b) The department shall adopt rules that address safety,
   77  compliance, and accountability and, at a minimum, require the
   78  universities to provide detailed information on:
   79         1. The scope, design, and objectives of the pilot project.
   80         2. Personnel and participants involved in the pilot
   81  project.
   82         3. Facility locations and security.
   83         4. The chain of control of hemp material.
   84         5. The economic impact of the pilot project on the state’s
   85  agricultural sector.
   86         6. Genetic research, ensuring that psychotropic compounds
   87  will not be synthesized.
   88         7. Compliance with state and federal law.
   89         (c) The department shall initiate rulemaking pursuant to
   90  this subsection within 4 months after the effective date of this
   91  act.
   92         (3) A university must obtain the authorization of its board
   93  of trustees before implementing an industrial hemp pilot
   94  project. A pilot project authorized by a university must be
   95  registered with the department and must comply with rules
   96  adopted by the department.
   97         (4) A university that implements an industrial hemp pilot
   98  project shall develop partnerships with qualified project
   99  partners to attract experts and investors experienced with
  100  agriculture and may develop the pilot project in partnership
  101  with public, nonprofit, and private entities in accordance with
  102  this section and all applicable state and federal laws.
  103         (5) The research office of a university that implements an
  104  industrial hemp pilot project shall oversee the pilot project
  105  and ensure compliance with rules adopted by the department. The
  106  office must identify a contact person who is responsible for
  107  oversight of the pilot project and shall adopt procedures and
  108  guidelines to ensure the proper operation of the pilot project,
  109  the proper handling of hemp material and products, compliance
  110  with state and federal law, and the safety and security of the
  111  pilot project facility. At a minimum, the guidelines must:
  112         (a) Designate the physical location, global positioning
  113  system position, and map of the pilot project facility. Areas
  114  within the facility must be designated as general access or
  115  limited access. An area where hemp material is cultivated,
  116  processed, stored, or packaged or where industrial hemp research
  117  is conducted must be designated as limited access. Limited
  118  access areas must be restricted to entry by qualified program
  119  personnel and authorized visitors accompanied at all times by
  120  qualified program personnel. All other areas of the facility may
  121  be designated as general access and are open to authorized
  122  visitors, regardless of whether accompanied by qualified program
  123  personnel.
  124         (b) Identify the qualified program personnel involved in
  125  the pilot project who meet the requirements of 21 CFR s. 1301.18
  126  pursuant to the Agricultural Act of 2014, 7 U.S.C. s. 5940.
  127         (c) Authorize the qualified program personnel to handle,
  128  grow, cultivate, process, and manufacture hemp materials.
  129         (d) Establish a testing program and protocols to ensure the
  130  proper labeling of hemp material.
  131         (6) An industrial hemp commercialization project may only
  132  be conducted after an industrial hemp pilot project has been in
  133  place for 2 years to determine if there are any adverse impacts
  134  of hemp cultivation on current indigenous crops in the state.
  135         (7) A university that implements an industrial hemp pilot
  136  project shall submit a report to the Governor, the President of
  137  the Senate, and the Speaker of the House of Representatives on
  138  the status of its pilot project and any research related to the
  139  cultivation, harvesting, processing, and uses of industrial
  140  hemp. The report must be prepared and submitted within 2 years
  141  after the pilot project’s creation.
  142         Section 2. This act shall take effect upon becoming a law.