Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 1020 Ì8671648Î867164 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/25/2019 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Agriculture (Bradley) recommended the following: 1 Senate Amendment (with title amendment) 2 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, 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. 93 (6) DISTRIBUTION AND RETAIL SALE OF HEMP AND HEMP 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,
andany 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. 216 217 ================= 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.