Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1020
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Appropriations (Bradley) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 581.217, Florida Statutes, is created to
    6  read:
    7         581.217 State hemp program.—
    8         (1)CREATION AND PURPOSE.—The state hemp program is created
    9  within the department to promote the cultivation, handling,
   10  processing, and sale of hemp, hemp products, and hemp extract in
   11  the state.
   12         (2)LEGISLATIVE FINDINGS.—The Legislature finds that:
   13         (a)Hemp is an agricultural commodity.
   14         (b)Hemp-derived cannabinoids, including, but not limited
   15  to, cannabidiol, are not controlled substances or adulterants.
   16         (c)Products containing one or more hemp-derived
   17  cannabinoids, including, but not limited to, cannabidiol,
   18  intended for ingestion are foods and not controlled substances
   19  or adulterated products.
   20         (d)The addition of hemp derivatives, including, but not
   21  limited to, hemp-derived cannabidiol, to cosmetics, personal
   22  care products, and products intended for human or animal
   23  consumption is not an adulteration of such products.
   24         (3)DEFINITIONS.—As used in this section, the term:
   25         (a)“Cannabidiol” means the compound by the same name
   26  derived from the hemp variety of the Cannabis sativa L. plant.
   27         (b)“Cultivate” means planting, watering, growing, and
   28  harvesting a hemp plant or a hemp crop. The term does not
   29  include the transport of a hemp plant or a hemp crop.
   30         (c)“Federally defined THC level for hemp” means a total
   31  delta-9-tetrahydrocannabinol concentration that does not exceed
   32  0.3 percent on a dry-weight basis, or the tetrahydrocannabinol
   33  concentration for hemp defined in 7 U.S.C. s. 5940, whichever is
   34  greater.
   35         (d)“Handle” means possessing or storing hemp plants for
   36  any period of time on premises owned, operated, or controlled by
   37  a person or an entity registered to cultivate or process hemp,
   38  including the possession or storage of hemp plants in a vehicle
   39  for any period of time other than during the actual transport
   40  from the premises of a person registered to cultivate or process
   41  hemp or industrial hemp to the premises of another registered
   42  person. The term does not include the possession or storage of
   43  finished hemp products.
   44         (e)“Hemp” means the plant Cannabis sativa L. and any part
   45  of that plant, including seeds, derivatives, extracts,
   46  cannabinoids, isomers, acids, salts, and salts of isomers
   47  thereof, whether growing or not, that has the federally defined
   48  THC level for hemp. The term includes industrial hemp as defined
   49  in s. 1004.4473.
   50         (f)“Hemp extract” means a no-THC or low-THC substance or
   51  compound that:
   52         1.Is derived from or contains any part of the plant
   53  Cannabis sativa L. that meets the definition of industrial hemp
   54  under s. 1004.4473;
   55         2.Contains a total delta-9-tetrahydrocannabinol
   56  concentration that does not exceed 0.3 percent on a dry-weight
   57  basis; and
   58         3.Does not contain other controlled substances.
   59         (g)“Hemp products” means all products with the federally
   60  defined THC level for hemp derived from or made by processing
   61  hemp plants or plant parts that are prepared in a form available
   62  for retail sale, including, but not limited to cosmetics,
   63  personal care products, food intended for animal or human
   64  consumption, cloth, cordage, fiber, fuel, paint, paper,
   65  particleboard, plastics, and any product containing one or more
   66  hemp-derived cannabinoids, such as cannabidiol.
   67         (h)“Process” means the conversion of hemp into a
   68  marketable form.
   69         (4)REGISTRATION.—A person or an entity:
   70         (a)Seeking to cultivate, handle, process, or sell hemp,
   71  hemp products, or hemp extract must register with the department
   72  and complete a background check every 2 years. The department
   73  may deny an application.
   74         (b)May not cultivate, handle, process, or sell hemp, hemp
   75  products, or hemp extract in the state without being registered
   76  with the department.
   77         (c)Seeking to cultivate hemp must provide to the
   78  department the legal land description and global positioning
   79  coordinates of the area where hemp will be cultivated.
   80         (d)Seeking to cultivate, handle, process, or sell hemp
   81  must provide to the department prior written consent allowing
   82  representatives of the department, the state police, and other
   83  state and local law enforcement agencies to enter onto all
   84  premises where hemp is cultivated, handled, or processed for the
   85  purpose of conducting physical inspections and ensuring
   86  compliance with the requirements of this section and department
   87  rules.
   88         (5)INDUSTRIAL HEMP PILOT PROJECTS.—Notwithstanding s.
   89  1004.4473, an existing industrial hemp project approved by a
   90  university under s. 1004.4473 is eligible to cultivate, handle,
   91  and process hemp and may register with the department to
   92  participate in the state hemp program.
   94  PRODUCTS.—
   95         (a)The distribution and retail sale of hemp and hemp
   96  products may be conducted when the hemp or the hemp used in
   97  products are legally cultivated in another state or jurisdiction
   98  and meet the same or substantially the same requirements for
   99  cultivating, handling, and processing hemp and hemp products
  100  under this section.
  101         (b)Hemp and hemp products may be legally transported
  102  across state lines and exported to foreign nations consistent
  103  with federal laws and the laws of respective foreign nations.
  104         (7)HEMP SEED.—Hemp seed and hemp seed dealers are subject
  105  to chapter 578 and the rules adopted thereto. Registrants shall
  106  only use seeds certified by one of the following:
  107         (a)A certifying agency as defined in s. 578.011(8).
  108         (b)A university conducting an industrial hemp pilot
  109  project pursuant to s. 1004.4473.
  110         (8)RULES.—Within 90 days after the effective date of this
  111  act, the department shall, in consultation with the Department
  112  of Health and the Department of Business and Professional
  113  Regulation, adopt rules to administer the state hemp program.
  114  The rules must ensure that the application process and
  115  registration requirements are reasonable and attainable for
  116  small farmers, small businesses, and private individuals. The
  117  rules must provide for:
  118         (a)Sampling and testing measures to ensure that hemp, hemp
  119  products, and hemp extract cultivated, handled, and processed
  120  under this section do not exceed the federally defined THC level
  121  for hemp;
  122         (b)Due process and an appeals process;
  123         (c)Enforcement of this section and department rules;
  124         (d)A civil penalty schedule for violations;
  125         (e)A schedule of nonrefundable fees for administering the
  126  program;
  127         (f)Inclusion of the state hemp program in the Florida
  128  Agricultural Promotional Campaign and for promotion and labeling
  129  of hemp, hemp products, and hemp extract as “Fresh From
  130  Florida”; and
  131         (g)The regulation of the transportation of hemp and hemp
  132  products in this state.
  133         (9)DEPARTMENT PLAN.—
  134         (a)Within 90 days after the effective date of this act,
  135  the Commissioner of Agriculture, in consultation with the
  136  Governor and Attorney General, shall submit to the United States
  137  Secretary of Agriculture the department plan for regulating hemp
  138  production. The plan must include:
  139         1.A procedure for maintaining relevant information
  140  regarding the locations in the state where hemp is cultivated,
  141  handled, and processed for not less than 3 calendar years;
  142         2.A procedure that uses post-decarboxylation or other
  143  similarly reliable methods for testing delta-9
  144  tetrahydrocannabinol concentration levels of hemp cultivated,
  145  handled, and processed in this state;
  146         3.A procedure for the effective disposal of hemp, hemp
  147  products, and hemp extract cultivated, handled, and processed in
  148  violation of this section and department rules;
  149         4.A procedure for the enforcement of violations as
  150  outlined in 7 U.S.C. s. 1639o to s. 1639s;
  151         5.A procedure for conducting annual inspections of at
  152  least a random sample of registrants to verify that hemp is not
  153  being produced in violation of this section;
  154         6.A procedure for submitting the information described in
  155  7 U.S.C. s. 1639q(d)(2) to the United States Secretary of
  156  Agriculture within 30 days after the date on which the
  157  information is received; and
  158         7.A certification that this state has the resources and
  159  personnel to carry out the practices and procedures described in
  160  this subsection.
  161         (b)If the department plan for regulating hemp production
  162  is not approved by the United States Secretary of Agriculture,
  163  the Commissioner of Agriculture, in consultation with the
  164  Governor and the Attorney General, shall submit an amended plan.
  165         (10)INDUSTRIAL HEMP ADVISORY BOARD.—An Industrial Hemp
  166  Advisory Board is created to provide advice and expertise as
  167  needed by a university or the department with respect to plans,
  168  policies, and procedures applicable to the administration of
  169  their respective industrial hemp pilot programs.
  170         (a)The Industrial Hemp Advisory Board shall be adjunct to
  171  the department for administrative purposes.
  172         (b)The Industrial Hemp Advisory Board shall be composed of
  173  all of the following members:
  174         1.Two members appointed by the commissioner.
  175         2.Two members appointed by the Governor.
  176         3.Two members appointed by the President of the Senate.
  177         4.Two members appointed by the Speaker of the House of
  178  Representatives.
  179         5.The dean for research of the Institute of Food and
  180  Agricultural Sciences of the University of Florida or his or her
  181  designee.
  182         6.The president of Florida Agricultural and Mechanical
  183  University or his or her designee.
  184         7.The executive director of the Department of Law
  185  Enforcement or his or her designee.
  186         8.The president of the Florida Sheriffs Association or his
  187  or her designee.
  188         9.The president of the Florida Police Chiefs Association
  189  or his or her designee.
  190         10.The president of the Florida Farm Bureau Federation or
  191  his or her designee.
  192         11.The president of the Florida Fruit and Vegetable
  193  Association or his or her designee.
  194         (c)The board shall elect by a two-thirds vote of the
  195  members one member to serve as chair of the board.
  196         (d)A majority of the members of the board shall constitute
  197  a quorum.
  198         (e)The board shall meet at least once annually at the call
  199  of the chair.
  200         (f)Board members shall receive no compensation but shall
  201  be reimbursed for any actual travel expense incurred while
  202  attending meetings of the board.
  203         Section 2. Subsection (3) of section 893.02, Florida
  204  Statutes, is amended to read:
  205         893.02 Definitions.—The following words and phrases as used
  206  in this chapter shall have the following meanings, unless the
  207  context otherwise requires:
  208         (3) “Cannabis” means all parts of any plant of the genus
  209  Cannabis, whether growing or not; the seeds thereof; the resin
  210  extracted from any part of the plant; and every compound,
  211  manufacture, salt, derivative, mixture, or preparation of the
  212  plant or its seeds or resin. The term does not include
  213  “marijuana,” as defined in s. 381.986, if manufactured,
  214  possessed, sold, purchased, delivered, distributed, or
  215  dispensed, in conformance with s. 381.986; hemp,” as defined in
  216  s. 581.217(3); or industrial hemp,” as defined in s.
  217  1004.4473(1).
  218         Section 3. Paragraph (a) of subsection (2) of section
  219  1004.4473, Florida Statutes, is amended, and subsection (8) is
  220  added to that section, to read:
  221         1004.4473 Industrial hemp pilot projects.—
  222         (2)(a) The department shall authorize and oversee the
  223  development of industrial hemp pilot projects for the Institute
  224  of Food and Agricultural Sciences at the University of Florida,
  225  Florida Agricultural and Mechanical University, and any land
  226  grant university in the state that has a college of agriculture,
  227  and any Florida College System institution or state university
  228  that has an established agriculture or pharmacy program. The
  229  department shall adopt rules as required under the Agricultural
  230  Act of 2014, 7 U.S.C. s. 5940, to implement this section,
  231  including rules for the certification and registration of sites
  232  used for growth or cultivation. The purpose of the pilot
  233  projects is to cultivate, process, test, research, create, and
  234  market safe and effective commercial applications for industrial
  235  hemp in the agricultural sector in this state.
  236         (8)Notwithstanding this section, a university may choose
  237  to implement an industrial hemp pilot project pursuant to s.
  238  581.217.
  239         Section 4. The Department of Agriculture and Consumer
  240  Services shall include, at a minimum, all of the following
  241  information for administering the state hemp program as created
  242  in s. 581.217, Florida Statutes, in the department’s legislative
  243  budget request for the 2020-2021 fiscal year:
  244         (1)An estimate of the number of registrants for the first
  245  year.
  246         (2)An outline of costs associated with operation of the
  247  program.
  248         (3)A recommended fee schedule.
  249         Section 5. The Division of Law Revision is directed to
  250  replace the phrase “the effective date of this act” wherever it
  251  occurs in this act with the date this act becomes a law.
  252         Section 6. This act shall take effect upon becoming a law.
  254  ================= T I T L E  A M E N D M E N T ================
  255  And the title is amended as follows:
  256         Delete everything before the enacting clause
  257  and insert:
  258                        A bill to be entitled                      
  259         An act relating to the state hemp program; creating s.
  260         581.217, F.S.; creating the state hemp program within
  261         the Department of Agriculture and Consumer Services;
  262         providing the purpose of the program; providing
  263         legislative findings; defining terms; providing
  264         requirements for program registration and for the
  265         distribution and retail sale of hemp and hemp
  266         products; providing that hemp seed and hemp seed
  267         dealers are subject to the Florida Seed Law; providing
  268         hemp seed certification requirements; requiring the
  269         department, in consultation with the Department of
  270         Health and the Department of Business and Professional
  271         Regulation, to adopt specified rules within a
  272         specified timeframe; directing the Commissioner of
  273         Agriculture, in consultation with the Governor and
  274         Attorney General, to submit a specified plan within a
  275         specified timeframe to the United States Secretary of
  276         Agriculture; creating an Industrial Hemp Advisory
  277         Board for a specified purpose; providing that the
  278         board is adjunct to the department for administrative
  279         purposes; providing the membership and meetings of the
  280         board; prohibiting the board from receiving
  281         compensation; amending s. 893.02, F.S.; revising the
  282         term “cannabis” to exclude hemp and industrial hemp
  283         for purposes of the Florida Comprehensive Drug Abuse
  284         Prevention and Control Act; amending s. 1004.4473,
  285         F.S.; revising the schools at which the department is
  286         required to authorize and oversee the development of
  287         industrial hemp pilot projects; authorizing
  288         universities to implement industrial hemp pilot
  289         projects pursuant to the state hemp program; requiring
  290         the Department of Agriculture and Consumer Services to
  291         submit certain program and fee information with its
  292         2020-2021 fiscal year legislative budget request;
  293         providing a directive to the Division of Law Revision;
  294         providing an effective date.