Florida Senate - 2019                      CS for CS for SB 1020
       By the Committees on Appropriations; and Agriculture; and
       Senators Bradley, Albritton, Hutson, and Bracy
       576-04185-19                                          20191020c2
    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; providing that hemp seed and hemp seed
   10         dealers are subject to the Florida Seed Law; providing
   11         hemp seed certification requirements; requiring the
   12         department, in consultation with the Department of
   13         Health and the Department of Business and Professional
   14         Regulation, to adopt specified rules within a
   15         specified timeframe; directing the Commissioner of
   16         Agriculture, in consultation with the Governor and
   17         Attorney General, to submit a specified plan within a
   18         specified 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 members of the board from receiving
   24         compensation; authorizing members of the board to
   25         receive reimbursements for certain expenses; amending
   26         s. 893.02, F.S.; revising the definition of the term
   27         “cannabis” to exclude hemp and industrial hemp for
   28         purposes of the Florida Comprehensive Drug Abuse
   29         Prevention and Control Act; amending s. 1004.4473,
   30         F.S.; revising the schools at which the department is
   31         required to authorize and oversee the development of
   32         industrial hemp pilot projects; authorizing
   33         universities to implement industrial hemp pilot
   34         projects pursuant to the state hemp program; requiring
   35         the department to submit certain program and fee
   36         information in its legislative budget request for the
   37         2020-2021 fiscal year; providing a directive to the
   38         Division of Law Revision; providing an effective date.
   40  Be It Enacted by the Legislature of the State of Florida:
   42         Section 1. Section 581.217, Florida Statutes, is created to
   43  read:
   44         581.217 State hemp program.—
   45         (1)CREATION AND PURPOSE.—The state hemp program is created
   46  within the department to promote the cultivation, handling,
   47  processing, and sale of hemp, hemp products, and hemp extract in
   48  the state.
   49         (2)LEGISLATIVE FINDINGS.—The Legislature finds that:
   50         (a)Hemp is an agricultural commodity.
   51         (b)Hemp-derived cannabinoids, including, but not limited
   52  to, cannabidiol, are not controlled substances or adulterants.
   53         (c)Products containing one or more hemp-derived
   54  cannabinoids, including, but not limited to, cannabidiol,
   55  intended for ingestion are foods and not controlled substances
   56  or adulterated products.
   57         (d)The addition of hemp derivatives, including, but not
   58  limited to, hemp-derived cannabidiol, to cosmetics, personal
   59  care products, and products intended for human or animal
   60  consumption is not an adulteration of such products.
   61         (3)DEFINITIONS.—As used in this section, the term:
   62         (a)“Cannabidiol” means the compound by the same name
   63  derived from the hemp variety of the Cannabis sativa L. plant.
   64         (b)“Cultivate” means planting, watering, growing, and
   65  harvesting a hemp plant or a hemp crop. The term does not
   66  include the transport of a hemp plant or a hemp crop.
   67         (c)“Federally defined THC level for hemp” means a total
   68  delta-9-tetrahydrocannabinol concentration that does not exceed
   69  0.3 percent on a dry-weight basis, or the tetrahydrocannabinol
   70  concentration for hemp defined in 7 U.S.C. s. 5940, whichever is
   71  greater.
   72         (d)“Handle” means possessing or storing hemp plants for
   73  any period of time on premises owned, operated, or controlled by
   74  a person or an entity registered to cultivate or process hemp,
   75  including the possession or storage of hemp plants in a vehicle
   76  for any period of time other than during the actual transport
   77  from the premises of a person registered to cultivate or process
   78  hemp or industrial hemp to the premises of another registered
   79  person. The term does not include the possession or storage of
   80  finished hemp products.
   81         (e)“Hemp” means the plant Cannabis sativa L. and any part
   82  of that plant, including seeds, derivatives, extracts,
   83  cannabinoids, isomers, acids, salts, and salts of isomers
   84  thereof, whether growing or not, that has the federally defined
   85  THC level for hemp. The term includes industrial hemp as defined
   86  in s. 1004.4473.
   87         (f)“Hemp extract” means a no-THC or low-THC substance or
   88  compound that:
   89         1.Is derived from or contains any part of the plant
   90  Cannabis sativa L. that meets the definition of industrial hemp
   91  under s. 1004.4473;
   92         2.Contains a total delta-9-tetrahydrocannabinol
   93  concentration that does not exceed 0.3 percent on a dry-weight
   94  basis; and
   95         3.Does not contain other controlled substances.
   96         (g)“Hemp products” means all products with the federally
   97  defined THC level for hemp derived from or made by processing
   98  hemp plants or plant parts that are prepared in a form available
   99  for retail sale, including, but not limited to cosmetics,
  100  personal care products, food intended for animal or human
  101  consumption, cloth, cordage, fiber, fuel, paint, paper,
  102  particleboard, plastics, and any product containing one or more
  103  hemp-derived cannabinoids, such as cannabidiol.
  104         (h)“Process” means the conversion of hemp into a
  105  marketable form.
  106         (4)REGISTRATION.—A person or an entity:
  107         (a)Seeking to cultivate, handle, process, or sell hemp,
  108  hemp products, or hemp extract must register with the department
  109  and complete a background check every 2 years. The department
  110  may deny an application.
  111         (b)May not cultivate, handle, process, or sell hemp, hemp
  112  products, or hemp extract in the state without being registered
  113  with the department.
  114         (c)Seeking to cultivate hemp must provide to the
  115  department the legal land description and global positioning
  116  coordinates of the area where hemp will be cultivated.
  117         (d)Seeking to cultivate, handle, process, or sell hemp
  118  must provide to the department prior written consent allowing
  119  representatives of the department, the state police, and other
  120  state and local law enforcement agencies to enter onto all
  121  premises where hemp is cultivated, handled, or processed for the
  122  purpose of conducting physical inspections and ensuring
  123  compliance with the requirements of this section and department
  124  rules.
  125         (5)INDUSTRIAL HEMP PILOT PROJECTS.—Notwithstanding s.
  126  1004.4473, an existing industrial hemp project approved by a
  127  university under s. 1004.4473 is eligible to cultivate, handle,
  128  and process hemp and may register with the department to
  129  participate in the state hemp program.
  131  PRODUCTS.—
  132         (a)The distribution and retail sale of hemp and hemp
  133  products may be conducted when the hemp or the hemp used in
  134  products are legally cultivated in another state or jurisdiction
  135  and meet the same or substantially the same requirements for
  136  cultivating, handling, and processing hemp and hemp products
  137  under this section.
  138         (b)Hemp and hemp products may be legally transported
  139  across state lines and exported to foreign nations consistent
  140  with federal laws and the laws of respective foreign nations.
  141         (7)HEMP SEED.—Hemp seed and hemp seed dealers are subject
  142  to chapter 578 and the rules adopted thereto. Registrants shall
  143  only use seeds certified by one of the following:
  144         (a)A certifying agency as defined in s. 578.011(8).
  145         (b)A university conducting an industrial hemp pilot
  146  project pursuant to s. 1004.4473.
  147         (8)RULES.—Within 90 days after the effective date of this
  148  act, the department shall, in consultation with the Department
  149  of Health and the Department of Business and Professional
  150  Regulation, adopt rules to administer the state hemp program.
  151  The rules must ensure that the application process and
  152  registration requirements are reasonable and attainable for
  153  small farmers, small businesses, and private individuals. The
  154  rules must provide for:
  155         (a)Sampling and testing measures to ensure that hemp, hemp
  156  products, and hemp extract cultivated, handled, and processed
  157  under this section do not exceed the federally defined THC level
  158  for hemp;
  159         (b)Due process and an appeals process;
  160         (c)Enforcement of this section and department rules;
  161         (d)A civil penalty schedule for violations;
  162         (e)A schedule of nonrefundable fees for administering the
  163  program;
  164         (f)Inclusion of the state hemp program in the Florida
  165  Agricultural Promotional Campaign and for promotion and labeling
  166  of hemp, hemp products, and hemp extract as “Fresh From
  167  Florida”; and
  168         (g)The regulation of the transportation of hemp and hemp
  169  products in this state.
  170         (9)DEPARTMENT PLAN.—
  171         (a)Within 90 days after the effective date of this act,
  172  the Commissioner of Agriculture, in consultation with the
  173  Governor and Attorney General, shall submit to the United States
  174  Secretary of Agriculture the department plan for regulating hemp
  175  production. The plan must include:
  176         1.A procedure for maintaining relevant information
  177  regarding the locations in the state where hemp is cultivated,
  178  handled, and processed for not less than 3 calendar years;
  179         2.A procedure that uses post-decarboxylation or other
  180  similarly reliable methods for testing delta-9
  181  tetrahydrocannabinol concentration levels of hemp cultivated,
  182  handled, and processed in this state;
  183         3.A procedure for the effective disposal of hemp, hemp
  184  products, and hemp extract cultivated, handled, and processed in
  185  violation of this section and department rules;
  186         4.A procedure for the enforcement of violations as
  187  outlined in 7 U.S.C. s. 1639o to s. 1639s;
  188         5.A procedure for conducting annual inspections of at
  189  least a random sample of registrants to verify that hemp is not
  190  being produced in violation of this section;
  191         6.A procedure for submitting the information described in
  192  7 U.S.C. s. 1639q(d)(2) to the United States Secretary of
  193  Agriculture within 30 days after the date on which the
  194  information is received; and
  195         7.A certification that this state has the resources and
  196  personnel to carry out the practices and procedures described in
  197  this subsection.
  198         (b)If the department plan for regulating hemp production
  199  is not approved by the United States Secretary of Agriculture,
  200  the Commissioner of Agriculture, in consultation with the
  201  Governor and the Attorney General, shall submit an amended plan.
  202         (10)INDUSTRIAL HEMP ADVISORY BOARD.—An Industrial Hemp
  203  Advisory Board is created to provide advice and expertise as
  204  needed by a university or the department with respect to plans,
  205  policies, and procedures applicable to the administration of
  206  their respective industrial hemp pilot programs.
  207         (a)The Industrial Hemp Advisory Board shall be adjunct to
  208  the department for administrative purposes.
  209         (b)The Industrial Hemp Advisory Board shall be composed of
  210  all of the following members:
  211         1.Two members appointed by the commissioner.
  212         2.Two members appointed by the Governor.
  213         3.Two members appointed by the President of the Senate.
  214         4.Two members appointed by the Speaker of the House of
  215  Representatives.
  216         5.The dean for research of the Institute of Food and
  217  Agricultural Sciences of the University of Florida or his or her
  218  designee.
  219         6.The president of Florida Agricultural and Mechanical
  220  University or his or her designee.
  221         7.The executive director of the Department of Law
  222  Enforcement or his or her designee.
  223         8.The president of the Florida Sheriffs Association or his
  224  or her designee.
  225         9.The president of the Florida Police Chiefs Association
  226  or his or her designee.
  227         10.The president of the Florida Farm Bureau Federation or
  228  his or her designee.
  229         11.The president of the Florida Fruit and Vegetable
  230  Association or his or her designee.
  231         (c)The board shall elect by a two-thirds vote of the
  232  members one member to serve as chair of the board.
  233         (d)A majority of the members of the board shall constitute
  234  a quorum.
  235         (e)The board shall meet at least once annually at the call
  236  of the chair.
  237         (f)Board members may not receive compensation but may be
  238  reimbursed for any actual travel expense incurred while
  239  attending meetings of the board.
  240         Section 2. Subsection (3) of section 893.02, Florida
  241  Statutes, is amended to read:
  242         893.02 Definitions.—The following words and phrases as used
  243  in this chapter shall have the following meanings, unless the
  244  context otherwise requires:
  245         (3) “Cannabis” means all parts of any plant of the genus
  246  Cannabis, whether growing or not; the seeds thereof; the resin
  247  extracted from any part of the plant; and every compound,
  248  manufacture, salt, derivative, mixture, or preparation of the
  249  plant or its seeds or resin. The term does not include
  250  “marijuana,” as defined in s. 381.986, if manufactured,
  251  possessed, sold, purchased, delivered, distributed, or
  252  dispensed, in conformance with s. 381.986; hemp,” as defined in
  253  s. 581.217(3); or industrial hemp,” as defined in s.
  254  1004.4473(1).
  255         Section 3. Paragraph (a) of subsection (2) of section
  256  1004.4473, Florida Statutes, is amended, and subsection (8) is
  257  added to that section, to read:
  258         1004.4473 Industrial hemp pilot projects.—
  259         (2)(a) The department shall authorize and oversee the
  260  development of industrial hemp pilot projects for the Institute
  261  of Food and Agricultural Sciences at the University of Florida,
  262  Florida Agricultural and Mechanical University, and any land
  263  grant university in the state that has a college of agriculture,
  264  and any Florida College System institution or state university
  265  that has an established agriculture or pharmacy program. The
  266  department shall adopt rules as required under the Agricultural
  267  Act of 2014, 7 U.S.C. s. 5940, to implement this section,
  268  including rules for the certification and registration of sites
  269  used for growth or cultivation. The purpose of the pilot
  270  projects is to cultivate, process, test, research, create, and
  271  market safe and effective commercial applications for industrial
  272  hemp in the agricultural sector in this state.
  273         (8)Notwithstanding this section, a university may choose
  274  to implement an industrial hemp pilot project pursuant to s.
  275  581.217.
  276         Section 4. The Department of Agriculture and Consumer
  277  Services shall include, at a minimum, all of the following
  278  information for administering the state hemp program as created
  279  in s. 581.217, Florida Statutes, in the department’s legislative
  280  budget request for the 2020-2021 fiscal year:
  281         (1)An estimate of the number of registrants for the first
  282  year.
  283         (2)An outline of costs associated with operation of the
  284  program.
  285         (3)A recommended fee schedule.
  286         Section 5. The Division of Law Revision is directed to
  287  replace the phrase “the effective date of this act” wherever it
  288  occurs in this act with the date this act becomes a law.
  289         Section 6. This act shall take effect upon becoming a law.