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

       Senator Bradley moved the following:
    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 of hemp in this
   10  state.
   11         (2)LEGISLATIVE FINDINGS.—The Legislature finds that:
   12         (a)Hemp is an agricultural commodity.
   13         (b)Hemp-derived cannabinoids, including, but not limited
   14  to, cannabidiol, are not controlled substances or adulterants.
   15         (c)Products containing one or more hemp-derived
   16  cannabinoids, including, but not limited to, cannabidiol,
   17  intended for ingestion are foods and not controlled substances
   18  or adulterated products.
   19         (d)The addition of hemp derivatives, including, but not
   20  limited to, hemp-derived cannabidiol, to cosmetics, personal
   21  care products, and products intended for human or animal
   22  consumption is not an adulteration of such products.
   23         (3)DEFINITIONS.—As used in this section, the term:
   24         (a)“Cannabidiol” means the compound by the same name
   25  derived from the hemp variety of the Cannabis sativa L. plant.
   26         (b)“Contaminants unsafe for human consumption” includes,
   27  but is not limited to, any microbe, fungus, yeast, mildew,
   28  herbicide, pesticide, fungicide, residual solvent, metal, or
   29  other contaminant found in any amount that exceeds any of the
   30  accepted limitations as determined by rules adopted by the
   31  Department of Health in accordance with s. 381.986, or other
   32  limitation pursuant to the laws of this state, whichever amount
   33  is less.
   34         (c)“Cultivate” means planting, watering, growing, and
   35  harvesting a hemp plant or a hemp crop. The term does not
   36  include the transport of a hemp plant or a hemp crop.
   37         (d)“Federally defined THC level for hemp” means a total
   38  delta-9-tetrahydrocannabinol concentration that does not exceed
   39  0.3 percent on a dry-weight basis, or the tetrahydrocannabinol
   40  concentration for hemp defined in 7 U.S.C. s. 5940, whichever is
   41  greater.
   42         (e)“Hemp” means the plant Cannabis sativa L. and any part
   43  of that plant, including seeds, derivatives, extracts,
   44  cannabinoids, isomers, acids, salts, and salts of isomers
   45  thereof, whether growing or not, which has the federally defined
   46  THC level for hemp. The term includes industrial hemp as defined
   47  in s. 1004.4473.
   48         (f)“Hemp extract” means a no-THC or low-THC substance or
   49  compound intended for ingestion, containing more than trace
   50  amounts of cannabidiol, which:
   51         1.Is derived from or contains any part of the plant
   52  Cannabis sativa L. which meets the definition of hemp under this
   53  section;
   54         2.Contains a total delta-9-tetrahydrocannabinol
   55  concentration that does not exceed 0.3 percent on a dry-weight
   56  basis; and
   57         3.Does not contain other controlled substances.
   58         (g)“Hemp products” means all products with the federally
   59  defined THC level for hemp derived from or made by processing
   60  hemp plants or plant parts that are prepared in a form available
   61  for retail sale, including, but not limited to, cosmetics,
   62  personal care products, food intended for animal or human
   63  consumption, cloth, cordage, fiber, fuel, paint, paper,
   64  particleboard, plastics, and any product containing one or more
   65  hemp-derived cannabinoids, such as cannabidiol.
   66         (h)“Independent testing laboratory” means a laboratory
   67  that:
   68         1.Does not have a direct or indirect interest in the
   69  entity whose product is being tested;
   70         2.Does not have a direct or indirect interest in a
   71  facility that cultivates, processes, distributes, dispenses, or
   72  sells hemp or hemp extract in this state or in another
   73  jurisdiction or cultivates, processes, distributes, dispenses,
   74  or sells marijuana, as defined in s. 381.986; and
   75         3.Is accredited by a third-party accrediting body as a
   76  competent testing laboratory pursuant to ISO/IEC 17025 of the
   77  International Organization for Standardization.
   78         (i)“Licensee” means all owners, officers, stakeholders,
   79  and directors of such legal or business entity that have a
   80  direct or indirect interest in a business seeking to cultivate
   81  hemp.
   82         (4)LICENSURE.—A licensee:
   83         (a)Must submit the results of a Level 1 background
   84  screening to the department with every initial and renewal
   85  licensure. The department must deny the issuance of a hemp
   86  license to an applicant, or refuse to renew the hemp license of
   87  a licensee, if the department finds that the applicant or
   88  licensee:
   89         1.Has falsified any information contained in an
   90  application for a hemp license or hemp license renewal; or
   91         2.Has been convicted of a felony relating to a controlled
   92  substance under state or federal law. A hemp license may not be
   93  issued for 10 years after the date of the conviction.
   94         (b)May not cultivate hemp in this state without being
   95  annually licensed by the department.
   96         (c)Must provide to the department the legal land
   97  description and global positioning coordinates of the area where
   98  hemp will be cultivated.
   99         (d)Must provide to the department prior written consent
  100  allowing representatives of the department, the state police,
  101  and other state and local law enforcement agencies to enter onto
  102  all premises, during regular business hours, where hemp is
  103  cultivated for the purpose of conducting physical inspections
  104  and ensuring compliance with the requirements of this section
  105  and department rules.
  106         (5)INDUSTRIAL HEMP PILOT PROJECTS.—Notwithstanding s.
  107  1004.4473, an existing industrial hemp project approved by a
  108  university under s. 1004.4473 is eligible to cultivate hemp and
  109  may obtain a license from the department to participate in the
  110  state hemp program.
  112         (a)Hemp extract may only be distributed and sold in this
  113  state if the product:
  114         1.Has a certificate of analysis prepared by an independent
  115  testing laboratory which states:
  116         a.The hemp extract is the product of a batch tested by the
  117  independent testing laboratory;
  118         b.The batch contained a total delta-9-tetrahydrocannabinol
  119  concentration that did not exceed 0.3 percent on a dry-weight
  120  basis pursuant to the testing of a random sample of the batch;
  121  and
  122         c.The batch does not contain contaminants unsafe for human
  123  consumption.
  124         2.Is distributed or sold in packaging that includes:
  125         a.A scannable barcode or quick response code linked to the
  126  certificate of analysis of the hemp extract by an independent
  127  testing laboratory;
  128         b.The batch number;
  129         c.The Internet address of a website where batch
  130  information may be obtained;
  131         d.The expiration date;
  132         e.The number of milligrams of hemp extract; and
  133         f.A statement that the product contains a total delta-9
  134  tetrahydrocannabinol concentration that does not exceed 0.3
  135  percent on a dry-weight basis.
  136         (b)A violation of this subsection is punishable by a civil
  137  fine of $500 and the forfeiture of any products found to be in
  138  violation.
  139         (c)Hemp, hemp products, and hemp extract may be legally
  140  transported across state lines and exported to foreign nations
  141  consistent with federal laws, laws of other states, and the laws
  142  of respective foreign nations.
  143         (7)HEMP SEED.—Hemp seed and hemp seed dealers are subject
  144  to chapter 578 and the rules adopted thereto. Licensees shall
  145  only use seeds certified by one of the following:
  146         (a)A certifying agency as defined in s. 578.011(8).
  147         (b)A university conducting an industrial hemp pilot
  148  project pursuant to s. 1004.4473.
  149         (c)A member of the Association of Official Seed Certifying
  150  Agencies.
  151         (8)RULES.—Within 90 days after the effective date of this
  152  act, the department shall, in consultation with the Department
  153  of Health and the Department of Business and Professional
  154  Regulation, adopt rules to administer the state hemp program.
  155  The rules must ensure that the application process and licensure
  156  requirements are reasonable and attainable for small farmers,
  157  small businesses, and private individuals. Rules adopted
  158  pursuant to this section are not subject to s. 120.541(3). The
  159  rules must provide for:
  160         (a)Sampling and testing measures to ensure that hemp
  161  cultivated under this section do not exceed the federally
  162  defined THC level for hemp;
  163         (b)Due process and an appeals process;
  164         (c)Enforcement of this section and department rules;
  165         (d)A civil penalty schedule for violations;
  166         (e)A schedule of nonrefundable fees for administering the
  167  program;
  168         (f)Inclusion of the state hemp program in the Florida
  169  Agricultural Promotional Campaign and for promotion and labeling
  170  of hemp, hemp products, and hemp extract as “Fresh From Florida”
  171  or any other agricultural campaign for the promotion of
  172  agriculture products;
  173         (g)The regulation of the transportation of hemp, hemp
  174  products, and hemp extract in this state; and
  175         (h)The implementation of the department plan and this
  176  section.
  177         (9)DEPARTMENT PLAN.—
  178         (a)Within 90 days after the effective date of this act,
  179  the Commissioner of Agriculture, in consultation with and with
  180  final approval from the Administration Commission as defined in
  181  s. 14.202, shall submit to the United States Secretary of
  182  Agriculture the department plan for regulating hemp production.
  183  The plan must include:
  184         1.A procedure for maintaining relevant information
  185  regarding the locations in the state where hemp is cultivated
  186  for not less than 3 calendar years;
  187         2.A procedure that uses post-decarboxylation or other
  188  similarly reliable methods for testing delta-9
  189  tetrahydrocannabinol concentration levels of hemp cultivated in
  190  this state;
  191         3.A procedure for the effective disposal of hemp, hemp
  192  products, and hemp extract cultivated in violation of this
  193  section and department rules;
  194         4.Notwithstanding s. 120.569-120.595, a procedure for the
  195  enforcement of violations as outlined in 7 U.S.C. s. 1639o to s.
  196  1639s;
  197         5.A procedure for conducting annual inspections of at
  198  least a random sample of licensees to verify that hemp is not
  199  being produced in violation of this section;
  200         6.A procedure for submitting the information described in
  201  7 U.S.C. s. 1639q(d)(2) to the United States Secretary of
  202  Agriculture within 30 days after the date on which the
  203  information is received; and
  204         7.A certification that this state has the resources and
  205  personnel to carry out the practices and procedures described in
  206  this subsection.
  207         (b)If the department plan for regulating hemp production
  208  is not approved by the United States Secretary of Agriculture,
  209  the Commissioner of Agriculture, in consultation with and with
  210  final approval from the Administration Commission, shall submit
  211  an amended plan.
  212         (10)INDUSTRIAL HEMP ADVISORY BOARD.—An Industrial Hemp
  213  Advisory Board is created to provide advice and expertise as
  214  needed by a university or the department with respect to plans,
  215  policies, and procedures applicable to the administration of
  216  their respective industrial hemp pilot programs.
  217         (a)The Industrial Hemp Advisory Board shall be adjunct to
  218  the department for administrative purposes.
  219         (b)The Industrial Hemp Advisory Board shall be composed of
  220  all of the following members:
  221         1.Two members appointed by the Commissioner of Agriculture
  222  and Consumer Services.
  223         2.Two members appointed by the Governor.
  224         3.Two members appointed by the President of the Senate.
  225         4.Two members appointed by the Speaker of the House of
  226  Representatives.
  227         5.The dean for research of the Institute of Food and
  228  Agricultural Sciences of the University of Florida or his or her
  229  designee.
  230         6.The president of Florida Agricultural and Mechanical
  231  University or his or her designee.
  232         7.The executive director of the Department of Law
  233  Enforcement or his or her designee.
  234         8.The president of the Florida Sheriffs Association or his
  235  or her designee.
  236         9.The president of the Florida Police Chiefs Association
  237  or his or her designee.
  238         10.The president of the Florida Farm Bureau Federation or
  239  his or her designee.
  240         11.The president of the Florida Fruit and Vegetable
  241  Association or his or her designee.
  242         (c)The board shall elect by a two-thirds vote of the
  243  members one member to serve as chair of the board.
  244         (d)A majority of the members of the board shall constitute
  245  a quorum.
  246         (e)The board shall meet at least once annually at the call
  247  of the chair.
  248         (f)Board members may not receive compensation but may be
  249  reimbursed for any actual travel expense incurred while
  250  attending meetings of the board.
  251         Section 2. Subsection (3) of section 893.02, Florida
  252  Statutes, is amended to read:
  253         893.02 Definitions.—The following words and phrases as used
  254  in this chapter shall have the following meanings, unless the
  255  context otherwise requires:
  256         (3) “Cannabis” means all parts of any plant of the genus
  257  Cannabis, whether growing or not; the seeds thereof; the resin
  258  extracted from any part of the plant; and every compound,
  259  manufacture, salt, derivative, mixture, or preparation of the
  260  plant or its seeds or resin. The term does not include
  261  “marijuana,” as defined in s. 381.986, if manufactured,
  262  possessed, sold, purchased, delivered, distributed, or
  263  dispensed, in conformance with s. 381.986; hemp,” as defined in
  264  s. 581.217(3); or industrial hemp,” as defined in s.
  265  1004.4473(1).
  266         Section 3. Paragraph (a) of subsection (2) of section
  267  1004.4473, Florida Statutes, is amended, and subsection (8) is
  268  added to that section, to read:
  269         1004.4473 Industrial hemp pilot projects.—
  270         (2)(a) The department shall authorize and oversee the
  271  development of industrial hemp pilot projects for the Institute
  272  of Food and Agricultural Sciences at the University of Florida,
  273  Florida Agricultural and Mechanical University, and any land
  274  grant university in the state that has a college of agriculture,
  275  and any Florida College System institution or state university
  276  that has an established agriculture, pharmacy, or engineering
  277  program. The department shall adopt rules as required under the
  278  Agricultural Act of 2014, 7 U.S.C. s. 5940, to implement this
  279  section, including rules for the certification and registration
  280  of sites used for growth or cultivation. The purpose of the
  281  pilot projects is to cultivate, process, test, research, create,
  282  and market safe and effective commercial applications for
  283  industrial hemp in the agricultural sector in this state.
  284         (8)Notwithstanding this section, a university may choose
  285  to implement an industrial hemp pilot project pursuant to s.
  286  581.217.
  287         Section 4. The Department of Agriculture and Consumer
  288  Services shall include, at a minimum, all of the following
  289  information for administering the state hemp program as created
  290  pursuant to s. 581.217, Florida Statutes, in the department’s
  291  legislative budget request for the 2020-2021 fiscal year:
  292         (1)An estimate of the number of licensees for the first
  293  year.
  294         (2)An outline of costs associated with operation of the
  295  program.
  296         (3)A recommended fee schedule.
  297         Section 5. The Division of Law Revision is directed to
  298  replace the phrase “the effective date of this act” wherever it
  299  occurs in this act with the date this act becomes a law.
  300         Section 6. This act shall take effect upon becoming a law.
  302  ================= T I T L E  A M E N D M E N T ================
  303  And the title is amended as follows:
  304         Delete everything before the enacting clause
  305  and insert:
  306                        A bill to be entitled                      
  307         An act relating to the state hemp program; creating s.
  308         581.217, F.S.; creating the state hemp program within
  309         the Department of Agriculture and Consumer Services;
  310         providing the purpose of the program; providing
  311         legislative findings; defining terms; providing
  312         requirements for program licensure; requiring the
  313         department to deny a license or renewal to certain
  314         applicants; authorizing certain industrial hemp pilot
  315         projects to participate in the program; providing for
  316         the distribution and retail sale of hemp extract;
  317         providing civil penalties; providing that hemp seed
  318         and hemp seed dealers are subject to the Florida Seed
  319         Law; providing hemp seed certification requirements;
  320         requiring the department, in consultation with the
  321         Department of Health and the Department of Business
  322         and Professional Regulation, to adopt specified rules
  323         within a specified timeframe; directing the
  324         Commissioner of Agriculture, in consultation with and
  325         with final approval from the Administration
  326         Commission, to submit a specified plan within a
  327         specified timeframe to the United States Secretary of
  328         Agriculture; creating an Industrial Hemp Advisory
  329         Board for a specified purpose; providing that the
  330         board is adjunct to the department for administrative
  331         purposes; providing for the membership and meetings of
  332         the board; prohibiting members of the board from
  333         receiving compensation; authorizing members of the
  334         board to receive reimbursements for certain expenses;
  335         amending s. 893.02, F.S.; revising the definition of
  336         the term “cannabis” to exclude hemp and industrial
  337         hemp for purposes of the Florida Comprehensive Drug
  338         Abuse Prevention and Control Act; amending s.
  339         1004.4473, F.S.; revising the schools at which the
  340         department is required to authorize and oversee the
  341         development of industrial hemp pilot projects;
  342         authorizing universities to implement industrial hemp
  343         pilot projects pursuant to the state hemp program;
  344         requiring the department to submit certain program and
  345         fee information in its legislative budget request for
  346         the 2020-2021 fiscal year; providing a directive to
  347         the Division of Law Revision; providing an effective
  348         date.