Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. CS for SB 1726 Ì8628524Î862852 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/20/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Galvano) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 1004.4473, Florida Statutes, is created 6 to read: 7 1004.4473 Industrial hemp pilot projects.— 8 (1) The Department of Agriculture and Consumer Services 9 shall authorize and oversee the development of industrial hemp 10 pilot projects, and promulgate the rules governing such 11 projects, for the Institute of Food and Agricultural Sciences at 12 the University of Florida and the Florida Agricultural and 13 Mechanical University. The Institute of Food and Agricultural 14 Sciences at the University of Florida and the Florida 15 Agricultural and Mechanical University may develop industrial 16 hemp pilot projects in partnership with public, nonprofit, and 17 private entities in accordance with this section and all 18 applicable state and federal laws. The purpose of the pilot 19 projects is to cultivate, process, test, research, create, and 20 market safe and effective commercial applications for industrial 21 hemp in the agricultural sector in this state. 22 (2) As used in this section, the term: 23 (a) “Hemp material” means a substance containing hemp 24 stems, leaves, fibers, seeds, extracts, oil, or any other 25 substance derived or harvested from a species of the cannabis 26 plant. 27 (b) “Industrial hemp” means all parts and varieties of the 28 cannabis sativa plant, cultivated or possessed by an approved 29 grower under the pilot project, whether growing or not, which 30 contain a tetrahydrocannabinol concentration that does not 31 exceed 0.3 percent on a dry-weight basis. 32 (c) “Industrial hemp pilot project” or “pilot project” 33 means a project that includes research of industrial hemp and 34 any aspect of cultivation, harvesting, processing, market 35 research, and sales of approved industrial hemp agricultural, 36 industrial, and commercial products. 37 (d) “Qualified program personnel” means a person who, or an 38 employee of a company, that, partners with the University of 39 Florida or the Florida Agricultural and Mechanical University on 40 a pilot project, is certified by the university, is 18 years of 41 age or older, and has passed the required criminal background 42 check. 43 (e) “Qualified project partner” means a public, nonprofit, 44 or private entity that has a principal place of business is in 45 this state and meets the requirements of subsection (3). 46 (3) A qualified project partner must, at a minimum, meet 47 all of the following requirements: 48 (a) Have access to a grow site and research facility 49 located in this state which is acceptable for the cultivation, 50 processing, and manufacturing of industrial hemp and hemp 51 products, as determined by the Department of Agriculture and 52 Consumer Services. 53 (b) Submit a comprehensive business or research plan 54 acceptable to the partnering university. 55 (c) Provide proof of prior experience in the cultivation, 56 processing, manufacturing, or research of medical marijuana or 57 industrial hemp, as determined by the Department of Agriculture 58 and Consumer Services. 59 (4) Each university must obtain the authorization of its 60 board of trustees before implementing an industrial hemp pilot 61 project. A pilot project authorized by a university must be 62 registered with the Department of Agriculture and Consumer 63 Services. The pilot project must comply with rules adopted by 64 the department, which must address safety, compliance, and 65 accountability and, at a minimum, must require the universities 66 to provide detailed information on the scope, design, and 67 objectives of the pilot project; information on personnel and 68 participants involved in the pilot project; facility locations 69 and security; the chain of control of hemp material; the 70 economic impact of the pilot project on the state’s agricultural 71 sector; genetic research, ensuring that psychotropic compounds 72 will not be synthesized; and compliance with state and federal 73 law. The rules shall be promulgated by the department no later 74 than October 31, 2018. 75 (5) Each university shall develop partnerships with 76 qualified project partners to attract experts and investors 77 experienced with industrial hemp research and the 78 commercialization of such projects. 79 (6) The universities’ respective research offices shall 80 oversee the pilot projects and ensure compliance with department 81 rule. The offices must identify a contact person who is 82 responsible for oversight of the pilot project. Each university 83 research office shall adopt procedures and guidelines to ensure 84 the proper operation of the pilot project, the proper handling 85 of hemp material and products, compliance with state and federal 86 law, and the safety and security of the pilot project 87 facilities. At a minimum, the guidelines must meet all of the 88 following requirements: 89 (a) Designate the physical location, Global Positioning 90 System position, and map of the pilot project facility. Areas 91 within the facility must be designated as general access or 92 limited access. An area where hemp material is cultivated, 93 processed, stored, or packaged or where industrial hemp research 94 is conducted must be designated as limited access. Limited 95 access areas must be restricted to entry by qualified program 96 personnel and authorized visitors accompanied at all times by 97 qualified program personnel. All other areas of the facility may 98 be designated as general access and are open to authorized 99 visitors, regardless of whether accompanied by qualified program 100 personnel. 101 (b) Identify the qualified program personnel involved in 102 the pilot projects. The personnel must have successfully 103 completed a level 2 screening pursuant to s. 435.04. Owners and 104 employees of companies directly involved in the pilot projects 105 must comply with this requirement. 106 (c) Authorize the qualified program personnel to handle, 107 grow, cultivate, process, and manufacture hemp materials. 108 (d) Establish a testing program and protocols to ensure the 109 proper labeling of hemp material. 110 (e) Establish guidelines for attracting successful, 111 entrepreneurial, and experienced public and private investors 112 and partners who are interested in pursuing an industrial hemp 113 pilot project. 114 (7) Each university that implements an industrial hemp 115 pilot project shall submit a report to the Governor, the 116 President of the Senate, and the Speaker of the House of 117 Representatives on the status of its pilot project and any 118 research related to the cultivation, harvesting, processing, and 119 uses of industrial hemp. The report must be prepared and 120 submitted within 2 years after the pilot project’s creation. 121 Section 2. This act shall take effect upon becoming a law. 122 123 ================= T I T L E A M E N D M E N T ================ 124 And the title is amended as follows: 125 Delete everything before the enacting clause 126 and insert: 127 A bill to be entitled 128 An act relating to industrial hemp pilot projects; 129 creating s. 1004.4473, F.S.; authorizing the 130 Department of Agriculture and Consumer Services to 131 oversee the development of industrial hemp pilot 132 projects for the Institute of Food and Agricultural 133 Sciences at the University of Florida and the Florida 134 Agricultural and Mechanical University; authorizing 135 the universities to develop the pilot projects in 136 partnership with public, nonprofit, and private 137 entities; providing the purpose of the pilot projects; 138 defining terms; requiring each university to obtain 139 the authorization of its board of trustees before 140 implementing a pilot project; requiring pilot projects 141 to comply with rules adopted by the department; 142 requiring the department to adopt certain rules by a 143 specified date; requiring the universities to develop 144 partnerships with certain entities; requiring the 145 universities to establish guidelines for the approval, 146 oversight, and enforcement of pilot project rules; 147 requiring a report to the Governor and the Legislature 148 within a specified timeframe; providing an effective 149 date.