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

       The Committee on Agriculture (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         581.217State 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, including immediate
   32  precursors, that does not exceed 0.3 percent on a dry-weight
   33  basis, or the tetrahydrocannabinol concentration for hemp
   34  defined in 7 U.S.C. s. 5940, whichever is 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, including immediate precursors, that does not
   57  exceed 0.3 percent on a dry-weight 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 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 PROGRAM.—The department shall administer a
  105  certified hemp seed program that identifies seeds and cultivars
  106  that are suitable for hemp production. The seeds or cultivars
  107  must be certified as industrial hemp by one of the following:
  108         (a)The department.
  109         (b)A university conducting an industrial hemp pilot
  110  project pursuant to s. 1004.4473.
  111         (c)A member of the Association of Official Seed Certifying
  112  Agencies.
  113         (8)RULES.—Within 90 days after the effective date of this
  114  act, the department shall, in consultation with the Department
  115  of Health and the Department of Business and Professional
  116  Regulation, adopt rules to administer the state hemp program.
  117  The rules must ensure that the application process and
  118  registration requirements are reasonable and attainable for
  119  small farmers, small businesses, and private individuals. The
  120  rules must provide for:
  121         (a)Sampling and testing measures to ensure that hemp, hemp
  122  products, and hemp extract cultivated, handled, and processed
  123  under this section do not exceed the federally defined THC level
  124  for hemp;
  125         (b)Due process and an appeals process;
  126         (c)Enforcement of this section and department rules;
  127         (d)A civil penalty schedule for violations;
  128         (e)A schedule of nonrefundable fees for administering the
  129  program; and
  130         (f)Inclusion of the state hemp program in the Florida
  131  Agricultural Promotional Campaign and for promotion and labeling
  132  of hemp, hemp products, and hemp extract as “Fresh From
  133  Florida.”
  134         (9)DEPARTMENT PLAN.—
  135         (a)Within 90 days after the effective date of this act,
  136  the Commissioner of Agriculture, in consultation with the
  137  Governor and Attorney General, shall submit to the United States
  138  Secretary of Agriculture the department plan for regulating hemp
  139  production. The plan must include:
  140         1.A procedure for maintaining relevant information
  141  regarding the locations in the state where hemp is cultivated,
  142  handled, and processed for not less than 3 calendar years;
  143         2.A procedure that uses post-decarboxylation or other
  144  similarly reliable methods for testing delta-9
  145  tetrahydrocannabinol concentration levels of hemp cultivated,
  146  handled, and processed in the state;
  147         3.A procedure for the effective disposal of hemp, hemp
  148  products, and hemp extract cultivated, handled, and processed in
  149  violation of this section and department rules; and
  150         4.Guidance for compliance with enforcement procedures.
  151         (b)If the department plan for regulating hemp production
  152  is not approved by the United States Secretary of Agriculture,
  153  the Commissioner of Agriculture, in consultation with the
  154  Governor and Attorney General, shall submit an amended plan.
  155         (10)INDUSTRIAL HEMP ADVISORY BOARD.—An Industrial Hemp
  156  Advisory Board is created to provide advice and expertise as
  157  needed by a university or the department with respect to plans,
  158  policies, and procedures applicable to the administration of
  159  their respective industrial hemp pilot programs.
  160         (a)The Industrial Hemp Advisory Board shall be adjunct to
  161  the department for administrative purposes.
  162         (b)The Industrial Hemp Advisory Board shall be composed of
  163  all of the following members:
  164         1.Two members appointed by the commissioner.
  165         2.Two members appointed by the Governor.
  166         3.Two members appointed by the President of the Senate.
  167         4.Two members appointed by the Speaker of the House of
  168  Representatives.
  169         5.The dean for extension of the Institute of Food and
  170  Agricultural Sciences of the University of Florida or his or her
  171  designee.
  172         6.The executive director of the Department of Law
  173  Enforcement or his or her designee.
  174         7.The president of the Florida Sheriffs Association or his
  175  or her designee.
  176         8.The president of the Florida Police Chiefs Association
  177  or his or her designee.
  178         9.The president of the Florida Farm Bureau Federation or
  179  his or her designee.
  180         10.The president of the Florida Fruit and Vegetable
  181  Association or his or her designee.
  182         (c)The board shall elect by a two-thirds vote of the
  183  members one member to serve as chair of the board.
  184         (d)A majority of the members of the board shall constitute
  185  a quorum.
  186         (e)The board shall meet at least once annually at the call
  187  of the chair.
  188         (f)Board members shall receive no compensation but shall
  189  be reimbursed for any actual travel expense incurred while
  190  attending meetings of the board.
  191         Section 2. Paragraph (a) of subsection (2) of section
  192  1004.4473, Florida Statutes, is amended, and subsection (8) is
  193  added to that section, to read:
  194         1004.4473 Industrial hemp pilot projects.—
  195         (2)(a) The department shall authorize and oversee the
  196  development of industrial hemp pilot projects for the Institute
  197  of Food and Agricultural Sciences at the University of Florida,
  198  Florida Agricultural and Mechanical University, and any land
  199  grant university in the state that has a college of agriculture,
  200  and any Florida College System institution or state university
  201  that has an established agriculture or pharmacy program. The
  202  department shall adopt rules as required under the Agricultural
  203  Act of 2014, 7 U.S.C. s. 5940, to implement this section,
  204  including rules for the certification and registration of sites
  205  used for growth or cultivation. The purpose of the pilot
  206  projects is to cultivate, process, test, research, create, and
  207  market safe and effective commercial applications for industrial
  208  hemp in the agricultural sector in this state.
  209         (8)Notwithstanding this section, a university may choose
  210  to implement an industrial hemp pilot project pursuant to s.
  211  581.217.
  212         Section 3. The Division of Law Revision is directed to
  213  replace the phrase “the effective date of this act” wherever it
  214  occurs in this act with the date this act becomes a law.
  215         Section 4. This act shall take effect upon becoming a law.
  217  ================= T I T L E  A M E N D M E N T ================
  218  And the title is amended as follows:
  219         Delete everything before the enacting clause
  220  and insert:
  221                        A bill to be entitled                      
  222         An act relating to the state hemp program; creating s.
  223         581.217, F.S.; creating the state hemp program within
  224         the Department of Agriculture and Consumer Services;
  225         providing the purpose of the program; providing
  226         legislative findings; defining terms; providing
  227         requirements for program registration and for the
  228         distribution and retail sale of hemp and hemp
  229         products; requiring the department to administer a
  230         certified hemp seed program; providing the purpose and
  231         requirements of the program; requiring the department,
  232         in consultation with the Department of Health and the
  233         Department of Business and Professional Regulation, to
  234         adopt specified rules within a specified timeframe;
  235         directing the Commissioner of Agriculture, in
  236         consultation with the Governor and Attorney General,
  237         to submit a specified plan within a specified
  238         timeframe to the United States Secretary of
  239         Agriculture; creating an Industrial Hemp Advisory
  240         Board for a specified purpose; providing that the
  241         board is adjunct to the department for administrative
  242         purposes; providing the membership and meetings of the
  243         board; prohibiting the board from receiving
  244         compensation; amending s. 1004.4473, F.S.; revising
  245         the schools at which the department is required to
  246         authorize and oversee the development of industrial
  247         hemp pilot projects; authorizing universities to
  248         implement industrial hemp pilot projects pursuant to
  249         the state hemp program; providing a directive to the
  250         Division of Law Revision; providing an effective date.