Florida Senate - 2019 SENATOR AMENDMENT
Bill No. CS for CS for SB 1020
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LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R .
04/24/2019 10:37 AM .
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Senator Bradley moved 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 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.
111 (6) DISTRIBUTION AND RETAIL SALE OF HEMP EXTRACT.—
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.
301
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.