Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. CS for SB 1020 Ì151590$Î151590 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (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 that does not exceed 32 0.3 percent on a dry-weight basis, or the tetrahydrocannabinol 33 concentration for hemp defined in 7 U.S.C. s. 5940, whichever is 34 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 that does not exceed 0.3 percent on a dry-weight 57 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 an 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.—Hemp seed and hemp seed dealers are subject 105 to chapter 578 and the rules adopted thereto. Registrants shall 106 only use seeds certified by one of the following: 107 (a) A certifying agency as defined in s. 578.011(8). 108 (b) A university conducting an industrial hemp pilot 109 project pursuant to s. 1004.4473. 110 (8) RULES.—Within 90 days after the effective date of this 111 act, the department shall, in consultation with the Department 112 of Health and the Department of Business and Professional 113 Regulation, adopt rules to administer the state hemp program. 114 The rules must ensure that the application process and 115 registration requirements are reasonable and attainable for 116 small farmers, small businesses, and private individuals. The 117 rules must provide for: 118 (a) Sampling and testing measures to ensure that hemp, hemp 119 products, and hemp extract cultivated, handled, and processed 120 under this section do not exceed the federally defined THC level 121 for hemp; 122 (b) Due process and an appeals process; 123 (c) Enforcement of this section and department rules; 124 (d) A civil penalty schedule for violations; 125 (e) A schedule of nonrefundable fees for administering the 126 program; 127 (f) Inclusion of the state hemp program in the Florida 128 Agricultural Promotional Campaign and for promotion and labeling 129 of hemp, hemp products, and hemp extract as “Fresh From 130 Florida”; and 131 (g) The regulation of the transportation of hemp and hemp 132 products in this state. 133 (9) DEPARTMENT PLAN.— 134 (a) Within 90 days after the effective date of this act, 135 the Commissioner of Agriculture, in consultation with the 136 Governor and Attorney General, shall submit to the United States 137 Secretary of Agriculture the department plan for regulating hemp 138 production. The plan must include: 139 1. A procedure for maintaining relevant information 140 regarding the locations in the state where hemp is cultivated, 141 handled, and processed for not less than 3 calendar years; 142 2. A procedure that uses post-decarboxylation or other 143 similarly reliable methods for testing delta-9 144 tetrahydrocannabinol concentration levels of hemp cultivated, 145 handled, and processed in this state; 146 3. A procedure for the effective disposal of hemp, hemp 147 products, and hemp extract cultivated, handled, and processed in 148 violation of this section and department rules; 149 4. A procedure for the enforcement of violations as 150 outlined in 7 U.S.C. s. 1639o to s. 1639s; 151 5. A procedure for conducting annual inspections of at 152 least a random sample of registrants to verify that hemp is not 153 being produced in violation of this section; 154 6. A procedure for submitting the information described in 155 7 U.S.C. s. 1639q(d)(2) to the United States Secretary of 156 Agriculture within 30 days after the date on which the 157 information is received; and 158 7. A certification that this state has the resources and 159 personnel to carry out the practices and procedures described in 160 this subsection. 161 (b) If the department plan for regulating hemp production 162 is not approved by the United States Secretary of Agriculture, 163 the Commissioner of Agriculture, in consultation with the 164 Governor and the Attorney General, shall submit an amended plan. 165 (10) INDUSTRIAL HEMP ADVISORY BOARD.—An Industrial Hemp 166 Advisory Board is created to provide advice and expertise as 167 needed by a university or the department with respect to plans, 168 policies, and procedures applicable to the administration of 169 their respective industrial hemp pilot programs. 170 (a) The Industrial Hemp Advisory Board shall be adjunct to 171 the department for administrative purposes. 172 (b) The Industrial Hemp Advisory Board shall be composed of 173 all of the following members: 174 1. Two members appointed by the commissioner. 175 2. Two members appointed by the Governor. 176 3. Two members appointed by the President of the Senate. 177 4. Two members appointed by the Speaker of the House of 178 Representatives. 179 5. The dean for research of the Institute of Food and 180 Agricultural Sciences of the University of Florida or his or her 181 designee. 182 6. The president of Florida Agricultural and Mechanical 183 University or his or her designee. 184 7. The executive director of the Department of Law 185 Enforcement or his or her designee. 186 8. The president of the Florida Sheriffs Association or his 187 or her designee. 188 9. The president of the Florida Police Chiefs Association 189 or his or her designee. 190 10. The president of the Florida Farm Bureau Federation or 191 his or her designee. 192 11. The president of the Florida Fruit and Vegetable 193 Association or his or her designee. 194 (c) The board shall elect by a two-thirds vote of the 195 members one member to serve as chair of the board. 196 (d) A majority of the members of the board shall constitute 197 a quorum. 198 (e) The board shall meet at least once annually at the call 199 of the chair. 200 (f) Board members shall receive no compensation but shall 201 be reimbursed for any actual travel expense incurred while 202 attending meetings of the board. 203 Section 2. Subsection (3) of section 893.02, Florida 204 Statutes, is amended to read: 205 893.02 Definitions.—The following words and phrases as used 206 in this chapter shall have the following meanings, unless the 207 context otherwise requires: 208 (3) “Cannabis” means all parts of any plant of the genus 209 Cannabis, whether growing or not; the seeds thereof; the resin 210 extracted from any part of the plant; and every compound, 211 manufacture, salt, derivative, mixture, or preparation of the 212 plant or its seeds or resin. The term does not include 213 “marijuana,” as defined in s. 381.986, if manufactured, 214 possessed, sold, purchased, delivered, distributed, or 215 dispensed, in conformance with s. 381.986; “hemp,” as defined in 216 s. 581.217(3); or “industrial hemp,” as defined in s. 217 1004.4473(1). 218 Section 3. Paragraph (a) of subsection (2) of section 219 1004.4473, Florida Statutes, is amended, and subsection (8) is 220 added to that section, to read: 221 1004.4473 Industrial hemp pilot projects.— 222 (2)(a) The department shall authorize and oversee the 223 development of industrial hemp pilot projects for the Institute 224 of Food and Agricultural Sciences at the University of Florida, 225 Florida Agricultural and Mechanical University,
andany land 226 grant university in the state that has a college of agriculture, 227 and any Florida College System institution or state university 228 that has an established agriculture or pharmacy program. The 229 department shall adopt rules as required under the Agricultural 230 Act of 2014, 7 U.S.C. s. 5940, to implement this section, 231 including rules for the certification and registration of sites 232 used for growth or cultivation. The purpose of the pilot 233 projects is to cultivate, process, test, research, create, and 234 market safe and effective commercial applications for industrial 235 hemp in the agricultural sector in this state. 236 (8) Notwithstanding this section, a university may choose 237 to implement an industrial hemp pilot project pursuant to s. 238 581.217. 239 Section 4. The Department of Agriculture and Consumer 240 Services shall include, at a minimum, all of the following 241 information for administering the state hemp program as created 242 in s. 581.217, Florida Statutes, in the department’s legislative 243 budget request for the 2020-2021 fiscal year: 244 (1) An estimate of the number of registrants for the first 245 year. 246 (2) An outline of costs associated with operation of the 247 program. 248 (3) A recommended fee schedule. 249 Section 5. The Division of Law Revision is directed to 250 replace the phrase “the effective date of this act” wherever it 251 occurs in this act with the date this act becomes a law. 252 Section 6. This act shall take effect upon becoming a law. 253 254 ================= T I T L E A M E N D M E N T ================ 255 And the title is amended as follows: 256 Delete everything before the enacting clause 257 and insert: 258 A bill to be entitled 259 An act relating to the state hemp program; creating s. 260 581.217, F.S.; creating the state hemp program within 261 the Department of Agriculture and Consumer Services; 262 providing the purpose of the program; providing 263 legislative findings; defining terms; providing 264 requirements for program registration and for the 265 distribution and retail sale of hemp and hemp 266 products; providing that hemp seed and hemp seed 267 dealers are subject to the Florida Seed Law; providing 268 hemp seed certification requirements; requiring the 269 department, in consultation with the Department of 270 Health and the Department of Business and Professional 271 Regulation, to adopt specified rules within a 272 specified timeframe; directing the Commissioner of 273 Agriculture, in consultation with the Governor and 274 Attorney General, to submit a specified plan within a 275 specified timeframe to the United States Secretary of 276 Agriculture; creating an Industrial Hemp Advisory 277 Board for a specified purpose; providing that the 278 board is adjunct to the department for administrative 279 purposes; providing the membership and meetings of the 280 board; prohibiting the board from receiving 281 compensation; amending s. 893.02, F.S.; revising the 282 term “cannabis” to exclude hemp and industrial hemp 283 for purposes of the Florida Comprehensive Drug Abuse 284 Prevention and Control Act; amending s. 1004.4473, 285 F.S.; revising the schools at which the department is 286 required to authorize and oversee the development of 287 industrial hemp pilot projects; authorizing 288 universities to implement industrial hemp pilot 289 projects pursuant to the state hemp program; requiring 290 the Department of Agriculture and Consumer Services to 291 submit certain program and fee information with its 292 2020-2021 fiscal year legislative budget request; 293 providing a directive to the Division of Law Revision; 294 providing an effective date.