Florida Senate - 2017 SB 1726
By Senator Montford
3-01456-17 20171726__
1 A bill to be entitled
2 An act relating to industrial hemp pilot projects;
3 creating s. 1004.4473, F.S.; authorizing specified
4 state universities to develop industrial hemp pilot
5 projects in partnership with public, nonprofit, and
6 private entities; providing the purpose of the pilot
7 projects; defining terms; requiring authorization from
8 a university’s board of trustees before the university
9 may implement a pilot project; requiring pilot
10 projects to comply with rules adopted by the
11 Department of Agriculture and Consumer Services;
12 providing requirements for such rules; requiring the
13 specified state universities to develop partnerships
14 with certain entities; requiring the pilot projects to
15 be funded with private resources to the fullest extent
16 possible; requiring the universities to establish
17 guidelines for the approval, oversight, and
18 enforcement of pilot project rules; requiring a report
19 to the Governor and the Legislature; providing an
20 effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 1004.4473, Florida Statutes, is created
25 to read:
26 1004.4473 Industrial hemp pilot projects.—
27 (1) The Institute of Food and Agricultural Sciences at the
28 University of Florida and the Florida Agricultural and
29 Mechanical University may develop industrial hemp pilot projects
30 in partnership with public, nonprofit, and private entities in
31 accordance with this section and other state and federal laws.
32 The purpose of these pilot projects is to cultivate, process,
33 test, research, create, and market safe and effective commercial
34 applications for industrial hemp in the agricultural sector in
35 this state.
36 (2) As used in this section, the term:
37 (a) “Hemp material” means a substance containing hemp
38 stems, leaves, fibers, seeds, extracts, oil, or any other
39 substance derived or harvested from a species of the cannabis
40 plant.
41 (b) “Industrial hemp” means all parts and varieties of the
42 cannabis sativa plant, cultivated or possessed by an approved
43 grower under the pilot project, whether growing or not, which
44 contain a tetrahydrocannabinol concentration that does not
45 exceed 0.3 percent on a dry-weight basis.
46 (c) “Industrial hemp pilot project” or “pilot project”
47 means a project that includes research of industrial hemp and
48 any aspect of cultivation, harvesting, processing, market
49 research, and sales of approved industrial hemp agricultural,
50 industrial, and commercial products.
51 (d) “Qualified program personnel” means a person who, or an
52 employee of a company that, partners with the University of
53 Florida or the Florida Agricultural and Mechanical University on
54 a pilot project, is certified by the university, is 18 years of
55 age or older, and has passed the required criminal background
56 check.
57 (3) Each university must obtain the authorization of its
58 board of trustees before implementing an industrial hemp pilot
59 project. A pilot project authorized by a university must be
60 registered with the Department of Agriculture and Consumer
61 Services. The pilot project must comply with rules adopted by
62 the department, which must address safety, compliance, and
63 accountability and, at a minimum, must require the universities
64 to provide detailed information on the scope, design, and
65 objectives of the pilot project; information on personnel and
66 participants involved in the pilot project; facility locations
67 and security; the chain of control of hemp material; the
68 economic impact of the pilot project on the state’s agricultural
69 sector; and compliance with state and federal law.
70 (4) Each university shall develop partnerships with public,
71 nonprofit, and private entities to attract experts and investors
72 experienced with industrial hemp research and commercialization
73 who invest in such projects. To the fullest extent possible,
74 pilot projects must be funded from private resources.
75 (5) The universities’ respective research offices shall
76 oversee the pilot projects and ensure compliance with department
77 rule. The offices must identify a contact person who is
78 responsible for oversight of the pilot project. Each university
79 research office shall adopt procedures and guidelines to ensure
80 the proper operation of the pilot project, the proper handling
81 of hemp material and products, compliance with state and federal
82 law, and the safety and security of the pilot project
83 facilities. At a minimum, the guidelines must meet all of the
84 following requirements:
85 (a) Designate the physical location, Global Positioning
86 System position, and map of the pilot project facility. Areas
87 within the facility must be designated as general access or
88 limited access. An area where hemp material is cultivated,
89 processed, stored, or packaged or where industrial hemp research
90 is conducted must be designated as limited access. Limited
91 access areas must be restricted to entry by qualified program
92 personnel and authorized visitors accompanied at all times by
93 qualified program personnel. All other areas of the facility may
94 be designated as general access and are open to authorized
95 visitors, regardless of whether accompanied by qualified program
96 personnel.
97 (b) Identify the qualified program personnel involved in
98 the pilot projects. The personnel must have successfully
99 completed a level 2 screening pursuant to s. 435.04. Owners and
100 employees of companies directly involved in the pilot projects
101 must comply with this requirement.
102 (c) Authorize the qualified program personnel to handle,
103 grow, cultivate, process, and manufacture hemp materials.
104 (d) Establish minimum security standards for the handling
105 of industrial hemp, including:
106 1. Processing and disposal requirements for any waste that
107 contains hemp material.
108 2. Storage, testing, research, and transportation
109 requirements for hemp material.
110 3. Packaging, labeling, and tracking requirements for hemp
111 material.
112 (e) Establish a testing program and protocols to ensure the
113 proper labeling of hemp material.
114 (f) Establish guidelines for attracting successful,
115 entrepreneurial, and experienced public and private investors
116 and partners who are interested in pursuing an industrial hemp
117 pilot project with either university.
118 (6) Each university that implements an industrial hemp
119 pilot project shall submit a report to the Governor, the
120 President of the Senate, and the Speaker of the House of
121 Representatives on the status of its pilot project and any
122 research related to the cultivation, harvesting, processing, and
123 uses of industrial hemp. The report must be prepared and
124 submitted within 2 years after the pilot project’s creation.
125 Section 2. This act shall take effect upon becoming a law.