Florida Senate - 2019                             CS for SB 1020
       By the Committee on Agriculture; and Senators Bradley,
       Albritton, Hutson, and Bracy
       575-03461-19                                          20191020c1
    1                        A bill to be entitled                      
    2         An act relating to the state hemp program; creating s.
    3         581.217, F.S.; creating the state hemp program within
    4         the Department of Agriculture and Consumer Services;
    5         providing the purpose of the program; providing
    6         legislative findings; defining terms; providing
    7         requirements for program registration and for the
    8         distribution and retail sale of hemp and hemp
    9         products; requiring the department to administer a
   10         certified hemp seed program; providing the purpose and
   11         requirements of the program; requiring the department,
   12         in consultation with the Department of Health and the
   13         Department of Business and Professional Regulation, to
   14         adopt specified rules within a specified timeframe;
   15         directing the Commissioner of Agriculture, in
   16         consultation with the Governor and Attorney General,
   17         to submit a specified plan within a specified
   18         timeframe to the United States Secretary of
   19         Agriculture; creating an Industrial Hemp Advisory
   20         Board for a specified purpose; providing that the
   21         board is adjunct to the department for administrative
   22         purposes; providing the membership and meetings of the
   23         board; prohibiting the board from receiving
   24         compensation; amending s. 1004.4473, F.S.; revising
   25         the schools at which the department is required to
   26         authorize and oversee the development of industrial
   27         hemp pilot projects; authorizing universities to
   28         implement industrial hemp pilot projects pursuant to
   29         the state hemp program; providing a directive to the
   30         Division of Law Revision; providing an effective date.
   32  Be It Enacted by the Legislature of the State of Florida:
   34         Section 1. Section 581.217, Florida Statutes, is created to
   35  read:
   36         581.217State hemp program.—
   37         (1)CREATION AND PURPOSE.—The state hemp program is created
   38  within the department to promote the cultivation, handling,
   39  processing, and sale of hemp, hemp products, and hemp extract in
   40  the state.
   41         (2)LEGISLATIVE FINDINGS.—The Legislature finds that:
   42         (a)Hemp is an agricultural commodity.
   43         (b)Hemp-derived cannabinoids, including, but not limited
   44  to, cannabidiol, are not controlled substances or adulterants.
   45         (c)Products containing one or more hemp-derived
   46  cannabinoids, including, but not limited to, cannabidiol,
   47  intended for ingestion are foods and not controlled substances
   48  or adulterated products.
   49         (d)The addition of hemp derivatives, including, but not
   50  limited to, hemp-derived cannabidiol, to cosmetics, personal
   51  care products, and products intended for human or animal
   52  consumption is not an adulteration of such products.
   53         (3)DEFINITIONS.—As used in this section, the term:
   54         (a)“Cannabidiol” means the compound by the same name
   55  derived from the hemp variety of the Cannabis sativa L. plant.
   56         (b)“Cultivate” means planting, watering, growing, and
   57  harvesting a hemp plant or a hemp crop. The term does not
   58  include the transport of a hemp plant or a hemp crop.
   59         (c)“Federally defined THC level for hemp” means a total
   60  delta-9-tetrahydrocannabinol concentration, including immediate
   61  precursors, that does not exceed 0.3 percent on a dry-weight
   62  basis, or the tetrahydrocannabinol concentration for hemp
   63  defined in 7 U.S.C. s. 5940, whichever is greater.
   64         (d)“Handle” means possessing or storing hemp plants for
   65  any period of time on premises owned, operated, or controlled by
   66  a person or an entity registered to cultivate or process hemp,
   67  including the possession or storage of hemp plants in a vehicle
   68  for any period of time other than during the actual transport
   69  from the premises of a person registered to cultivate or process
   70  hemp or industrial hemp to the premises of another registered
   71  person. The term does not include the possession or storage of
   72  finished hemp products.
   73         (e)“Hemp” means the plant Cannabis sativa L. and any part
   74  of that plant, including seeds, derivatives, extracts,
   75  cannabinoids, isomers, acids, salts, and salts of isomers
   76  thereof, whether growing or not, that has the federally defined
   77  THC level for hemp. The term includes industrial hemp as defined
   78  in s. 1004.4473.
   79         (f)“Hemp extract” means a no-THC or low-THC substance or
   80  compound that:
   81         1.Is derived from or contains any part of the plant
   82  Cannabis sativa L. that meets the definition of industrial hemp
   83  under s. 1004.4473;
   84         2.Contains a total delta-9-tetrahydrocannabinol
   85  concentration, including immediate precursors, that does not
   86  exceed 0.3 percent on a dry-weight basis; and
   87         3.Does not contain other controlled substances.
   88         (g)“Hemp products” means all products with the federally
   89  defined THC level for hemp derived from or made by processing
   90  hemp plants or plant parts that are prepared in a form available
   91  for retail sale, including, but not limited to cosmetics,
   92  personal care products, food intended for animal or human
   93  consumption, cloth, cordage, fiber, fuel, paint, paper,
   94  particleboard, plastics, and any product containing one or more
   95  hemp-derived cannabinoids, such as cannabidiol.
   96         (h)“Process” means the conversion of hemp into a
   97  marketable form.
   98         (4)REGISTRATION.—A person or entity:
   99         (a)Seeking to cultivate, handle, process, or sell hemp,
  100  hemp products, or hemp extract must register with the department
  101  and complete a background check every 2 years. The department
  102  may deny an application.
  103         (b)May not cultivate, handle, process, or sell hemp, hemp
  104  products, or hemp extract in the state without being registered
  105  with the department.
  106         (c)Seeking to cultivate hemp must provide to the
  107  department the legal land description and global positioning
  108  coordinates of the area where hemp will be cultivated.
  109         (d)Seeking to cultivate, handle, process, or sell hemp
  110  must provide to the department prior written consent allowing
  111  representatives of the department, the state police, and other
  112  state and local law enforcement agencies to enter onto all
  113  premises where hemp is cultivated, handled, or processed for the
  114  purpose of conducting physical inspections and ensuring
  115  compliance with the requirements of this section and department
  116  rules.
  117         (5)INDUSTRIAL HEMP PILOT PROJECTS.—Notwithstanding s.
  118  1004.4473, an existing industrial hemp project approved by a
  119  university under s. 1004.4473 is eligible to cultivate, handle,
  120  and process hemp and may register with the department to
  121  participate in the state hemp program.
  123  PRODUCTS.—
  124         (a)The distribution and retail sale of hemp and hemp
  125  products may be conducted when the hemp or the hemp used in
  126  products are legally cultivated in another state or jurisdiction
  127  and meet the same or substantially the same requirements for
  128  cultivating, handling, and processing hemp and hemp products
  129  under this section.
  130         (b)Hemp and hemp products may be legally transported
  131  across state lines and exported to foreign nations consistent
  132  with federal laws and the laws of respective foreign nations.
  133         (7)HEMP SEED PROGRAM.—The department shall administer a
  134  certified hemp seed program that identifies seeds and cultivars
  135  that are suitable for hemp production. The seeds or cultivars
  136  must be certified as industrial hemp by one of the following:
  137         (a)The department.
  138         (b)A university conducting an industrial hemp pilot
  139  project pursuant to s. 1004.4473.
  140         (c)A member of the Association of Official Seed Certifying
  141  Agencies.
  142         (8)RULES.—Within 90 days after the effective date of this
  143  act, the department shall, in consultation with the Department
  144  of Health and the Department of Business and Professional
  145  Regulation, adopt rules to administer the state hemp program.
  146  The rules must ensure that the application process and
  147  registration requirements are reasonable and attainable for
  148  small farmers, small businesses, and private individuals. The
  149  rules must provide for:
  150         (a)Sampling and testing measures to ensure that hemp, hemp
  151  products, and hemp extract cultivated, handled, and processed
  152  under this section do not exceed the federally defined THC level
  153  for hemp;
  154         (b)Due process and an appeals process;
  155         (c)Enforcement of this section and department rules;
  156         (d)A civil penalty schedule for violations;
  157         (e)A schedule of nonrefundable fees for administering the
  158  program; and
  159         (f)Inclusion of the state hemp program in the Florida
  160  Agricultural Promotional Campaign and for promotion and labeling
  161  of hemp, hemp products, and hemp extract as “Fresh From
  162  Florida.”
  163         (9)DEPARTMENT PLAN.—
  164         (a)Within 90 days after the effective date of this act,
  165  the Commissioner of Agriculture, in consultation with the
  166  Governor and Attorney General, shall submit to the United States
  167  Secretary of Agriculture the department plan for regulating hemp
  168  production. The plan must include:
  169         1.A procedure for maintaining relevant information
  170  regarding the locations in the state where hemp is cultivated,
  171  handled, and processed for not less than 3 calendar years;
  172         2.A procedure that uses post-decarboxylation or other
  173  similarly reliable methods for testing delta-9
  174  tetrahydrocannabinol concentration levels of hemp cultivated,
  175  handled, and processed in the state;
  176         3.A procedure for the effective disposal of hemp, hemp
  177  products, and hemp extract cultivated, handled, and processed in
  178  violation of this section and department rules; and
  179         4.Guidance for compliance with enforcement procedures.
  180         (b)If the department plan for regulating hemp production
  181  is not approved by the United States Secretary of Agriculture,
  182  the Commissioner of Agriculture, in consultation with the
  183  Governor and Attorney General, shall submit an amended plan.
  184         (10)INDUSTRIAL HEMP ADVISORY BOARD.—An Industrial Hemp
  185  Advisory Board is created to provide advice and expertise as
  186  needed by a university or the department with respect to plans,
  187  policies, and procedures applicable to the administration of
  188  their respective industrial hemp pilot programs.
  189         (a)The Industrial Hemp Advisory Board shall be adjunct to
  190  the department for administrative purposes.
  191         (b)The Industrial Hemp Advisory Board shall be composed of
  192  all of the following members:
  193         1.Two members appointed by the commissioner.
  194         2.Two members appointed by the Governor.
  195         3.Two members appointed by the President of the Senate.
  196         4.Two members appointed by the Speaker of the House of
  197  Representatives.
  198         5.The dean for extension of the Institute of Food and
  199  Agricultural Sciences of the University of Florida or his or her
  200  designee.
  201         6.The executive director of the Department of Law
  202  Enforcement or his or her designee.
  203         7.The president of the Florida Sheriffs Association or his
  204  or her designee.
  205         8.The president of the Florida Police Chiefs Association
  206  or his or her designee.
  207         9.The president of the Florida Farm Bureau Federation or
  208  his or her designee.
  209         10.The president of the Florida Fruit and Vegetable
  210  Association or his or her designee.
  211         (c)The board shall elect by a two-thirds vote of the
  212  members one member to serve as chair of the board.
  213         (d)A majority of the members of the board shall constitute
  214  a quorum.
  215         (e)The board shall meet at least once annually at the call
  216  of the chair.
  217         (f)Board members shall receive no compensation but shall
  218  be reimbursed for any actual travel expense incurred while
  219  attending meetings of the board.
  220         Section 2. Paragraph (a) of subsection (2) of section
  221  1004.4473, Florida Statutes, is amended, and subsection (8) is
  222  added to that section, to read:
  223         1004.4473 Industrial hemp pilot projects.—
  224         (2)(a) The department shall authorize and oversee the
  225  development of industrial hemp pilot projects for the Institute
  226  of Food and Agricultural Sciences at the University of Florida,
  227  Florida Agricultural and Mechanical University, and any land
  228  grant university in the state that has a college of agriculture,
  229  and any Florida College System institution or state university
  230  that has an established agriculture or pharmacy program. The
  231  department shall adopt rules as required under the Agricultural
  232  Act of 2014, 7 U.S.C. s. 5940, to implement this section,
  233  including rules for the certification and registration of sites
  234  used for growth or cultivation. The purpose of the pilot
  235  projects is to cultivate, process, test, research, create, and
  236  market safe and effective commercial applications for industrial
  237  hemp in the agricultural sector in this state.
  238         (8)Notwithstanding this section, a university may choose
  239  to implement an industrial hemp pilot project pursuant to s.
  240  581.217.
  241         Section 3. The Division of Law Revision is directed to
  242  replace the phrase “the effective date of this act” wherever it
  243  occurs in this act with the date this act becomes a law.
  244         Section 4. This act shall take effect upon becoming a law.