Bill Text: FL S1020 | 2019 | Regular Session | Enrolled
Bill Title: State Hemp Program
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-26 - Chapter No. 2019-132 [S1020 Detail]
Download: Florida-2019-S1020-Enrolled.html
ENROLLED 2019 Legislature CS for CS for SB 1020, 2nd Engrossed 20191020er 1 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 legislative findings; providing definitions; 6 directing the department to submit a plan for the 7 state program to the United States Secretary of 8 Agriculture for approval; providing licensure 9 requirements; requiring licensees to use specified 10 hemp seeds and cultivars; providing requirements for 11 the distribution and sale of hemp extract; directing 12 the department to maintain a land registry and submit 13 monthly reports to the United States Secretary of 14 Agriculture; providing for violations and corrective 15 measures; providing for enforcement of the state hemp 16 program; directing the department, in consultation 17 with the Department of Health and the Department of 18 Business and Professional Regulation, to adopt 19 specified rules; providing applicability; 20 establishing, adjunct to the department, the 21 Industrial Hemp Advisory Council; providing for 22 council purpose, membership, and meetings; amending s. 23 893.02, F.S.; revising the definition of the term 24 “cannabis”; amending s. 1004.4473, F.S.; revising the 25 colleges and universities at which the department is 26 required to authorize and oversee the development of 27 industrial hemp pilot projects; removing a condition 28 for the implementation of industrial hemp 29 commercialization projects; providing an effective 30 date. 31 32 Be It Enacted by the Legislature of the State of Florida: 33 34 Section 1. Section 581.217, Florida Statutes, is created to 35 read: 36 581.217 State hemp program.— 37 (1) CREATION AND PURPOSE.-The state hemp program is created 38 within the department to regulate the cultivation of hemp in the 39 state. This section constitutes the state plan for the 40 regulation of the cultivation of hemp for purposes of 7 U.S.C. 41 s. 1639p. 42 (2) LEGISLATIVE FINDINGS.-The Legislature finds that: 43 (a) Hemp is an agricultural commodity. 44 (b) Hemp-derived cannabinoids, including, but not limited 45 to, cannabidiol, are not controlled substances or adulterants. 46 (3) DEFINITIONS.—As used in this section, the term: 47 (a) “Certifying agency” has the same meaning as in s. 48 578.011(8). 49 (b) “Contaminants unsafe for human consumption” includes, 50 but is not limited to, any microbe, fungus, yeast, mildew, 51 herbicide, pesticide, fungicide, residual solvent, metal, or 52 other contaminant found in any amount that exceeds any of the 53 accepted limitations as determined by rules adopted by the 54 Department of Health in accordance with s. 381.986, or other 55 limitation pursuant to the laws of this state, whichever amount 56 is less. 57 (c) “Cultivate” means planting, watering, growing, or 58 harvesting hemp. 59 (d) “Hemp” means the plant Cannabis sativa L. and any part 60 of that plant, including the seeds thereof, and all derivatives, 61 extracts, cannabinoids, isomers, acids, salts, and salts of 62 isomers thereof, whether growing or not, that has a total delta 63 9 tetrahydrocannabinol concentration that does not exceed 0.3 64 percent on a dry-weight basis. 65 (e) “Hemp extract” means a substance or compound intended 66 for ingestion that is derived from or contains hemp and that 67 does not contain other controlled substances. 68 (f) “Independent testing laboratory” means a laboratory 69 that: 70 1. Does not have a direct or indirect interest in the 71 entity whose product is being tested; 72 2. Does not have a direct or indirect interest in a 73 facility that cultivates, processes, distributes, dispenses, or 74 sells hemp or hemp extract in the state or in another 75 jurisdiction or cultivates, processes, distributes, dispenses, 76 or sells marijuana, as defined in s. 381.986; and 77 3. Is accredited by a third-party accrediting body as a 78 competent testing laboratory pursuant to ISO/IEC 17025 of the 79 International Organization for Standardization. 80 (4) FEDERAL APPROVAL.—The department shall seek approval of 81 the state plan for the regulation of the cultivation of hemp 82 with the United States Secretary of Agriculture in accordance 83 with 7 U.S.C. s. 1639p within 30 days after adopting rules. If 84 the state plan is not approved by the United States Secretary of 85 Agriculture, the Commissioner of Agriculture, in consultation 86 with and with final approval from the Administration Commission, 87 shall develop a recommendation to amend the state plan and 88 submit the recommendation to the Legislature. 89 (5) LICENSURE.- 90 (a) It is unlawful for a person to cultivate hemp in this 91 state without a license issued by the department. 92 (b) A person seeking to cultivate hemp must apply to the 93 department for a license on a form prescribed by the department 94 and must submit a full set of fingerprints to the department 95 along with the application. 96 1. The department shall forward the fingerprints to the 97 Department of Law Enforcement for state processing and the 98 Department of Law Enforcement shall forward the fingerprints to 99 the Federal Bureau of Investigation for national processing. 100 2. Fingerprints submitted to the Department of Law 101 Enforcement pursuant to this paragraph must be retained by the 102 Department of Law Enforcement as provided in s. 943.05(2)(g) and 103 (h) and must be retained as provided in s. 943.05(4) when the 104 Department of Law Enforcement begins participation in the 105 Federal Bureau of Investigation’s national retained fingerprint 106 arrest notification program. 107 3. Any arrest record identified shall be reported to the 108 department. 109 (c) The department shall adopt rules establishing 110 procedures for the issuance and annual renewal of a hemp 111 license. 112 (d) A person seeking to cultivate hemp must provide to the 113 department the legal land description and global positioning 114 coordinates of the area where hemp will be cultivated. 115 (e) The department shall deny the issuance of a hemp 116 license to an applicant, or refuse to renew the hemp license of 117 a licensee, if the department finds that the applicant or 118 licensee: 119 1. Has falsified any information contained in an 120 application for a hemp license or hemp license renewal; or 121 2. Has been convicted of a felony relating to a controlled 122 substance under state or federal law. A hemp license may not be 123 issued for 10 years following the date of the conviction. 124 (6) HEMP SEED.—A licensee may only use hemp seeds and 125 cultivars certified by a certifying agency or a university 126 conducting an industrial hemp pilot project pursuant to s. 127 1004.4473. 128 (7) DISTRIBUTION AND RETAIL SALE OF HEMP EXTRACT.-Hemp 129 extract may only be distributed and sold in the state if the 130 product: 131 (a) Has a certificate of analysis prepared by an 132 independent testing laboratory that states: 133 1. The hemp extract is the product of a batch tested by the 134 independent testing laboratory; 135 2. The batch contained a total delta-9-tetrahydrocannabinol 136 concentration that did not exceed 0.3 percent on a dry-weight 137 basis pursuant to the testing of a random sample of the batch; 138 and 139 3. The batch does not contain contaminants unsafe for human 140 consumption. 141 (b) Is distributed or sold in packaging that includes: 142 1. A scannable barcode or quick response code linked to the 143 certificate of analysis of the hemp extract by an independent 144 testing laboratory; 145 2. The batch number; 146 3. The Internet address of a website where batch 147 information may be obtained; 148 4. The expiration date; 149 5. The number of milligrams of hemp extract; and 150 6. A statement that the product contains a total delta-9 151 tetrahydrocannabinol concentration that does not exceed 0.3 152 percent on a dry-weight basis. 153 (8) LAND REGISTRY.—The department shall maintain a registry 154 of land on which hemp is cultivated or has been cultivated 155 within the past 3 calendar years, including the global 156 positioning coordinates and legal land description for each 157 location. 158 (9) DEPARTMENT REPORTING.—The department shall submit 159 monthly to the United States Secretary of Agriculture a report 160 of the locations in the state where hemp is cultivated or has 161 been cultivated within the past 3 calendar years. The report 162 must include the contact information for each licensee. 163 (10) VIOLATIONS.— 164 (a) A licensee must complete a corrective action plan if 165 the department determines that the licensee has negligently 166 violated this section or department rules, including 167 negligently: 168 1. Failing to provide the legal land description and global 169 positioning coordinates pursuant to subsection (5); 170 2. Failing to obtain a proper license or other required 171 authorization from the department; or 172 3. Producing Cannabis sativa L. that has a total delta-9 173 tetrahydrocannabinol concentration that exceeds 0.3 percent on a 174 dry-weight basis. 175 (b) The corrective action plan must include: 176 1. A reasonable date by which the licensee must correct the 177 negligent violation; and 178 2. A requirement that the licensee periodically report to 179 the department on compliance with this section and department 180 rules for a period of at least 2 calendar years after the date 181 of the violation. 182 (c) A licensee who negligently violates the corrective 183 action plan under this subsection three times within 5 years is 184 ineligible to cultivate hemp for 5 years following the date of 185 the third violation. 186 (d) If the department determines that a licensee has 187 violated this section or department rules with a culpable mental 188 state greater than negligence, the department shall immediately 189 report the licensee to the Attorney General and the United 190 States Attorney General. 191 (11) ENFORCEMENT.— 192 (a) The department shall enforce this section. 193 (b) Every state attorney, sheriff, police officer, and 194 other appropriate county or municipal officer shall enforce, or 195 assist any agent of the department in enforcing, this section 196 and rules adopted by the department. 197 (c) The department, or its agent, is authorized to enter 198 any public or private premises during regular business hours in 199 the performance of its duties relating to hemp cultivation. 200 (d) The department shall conduct random inspections, at 201 least annually, of each licensee to ensure that only certified 202 hemp seeds are being used and that hemp is being cultivated in 203 compliance with this section. 204 (12) RULES.—By August 1, 2019, the department, in 205 consultation with the Department of Health and the Department of 206 Business and Professional Regulation, shall initiate rulemaking 207 to administer the state hemp program. The rules must provide 208 for: 209 (a) A procedure that uses post-decarboxylation or other 210 similarly reliable methods for testing the delta-9 211 tetrahydrocannabinol concentration of cultivated hemp. 212 (b) A procedure for the effective disposal of plants, 213 whether growing or not, that are cultivated in violation of this 214 section or department rules, and products derived from those 215 plants. 216 (13) APPLICABILITY.-Notwithstanding any other law: 217 (a) This section does not authorize a licensee to violate 218 any federal or state law or regulation. 219 (b) This section does not apply to a pilot project 220 developed in accordance with 7 U.S.C. 5940 and s. 1004.4473. 221 (c) A licensee who negligently violates this section or 222 department rules is not subject to any criminal or civil 223 enforcement action by the state or a local government other than 224 the enforcement of violations of this section as authorized 225 under subsection (10). 226 (14) INDUSTRIAL HEMP ADVISORY COUNCIL.—An Industrial Hemp 227 Advisory Council, an advisory council as defined in s. 20.03, is 228 established to provide advice and expertise to the department 229 with respect to plans, policies, and procedures applicable to 230 the administration of the state hemp program. 231 (a) The advisory council is adjunct to the department for 232 administrative purposes. 233 (b) The advisory council shall be composed of all of the 234 following members: 235 1. Two members appointed by the Commissioner of 236 Agriculture. 237 2. Two members appointed by the Governor. 238 3. Two members appointed by the President of the Senate. 239 4. Two members appointed by the Speaker of the House of 240 Representatives. 241 5. The dean for research of the Institute of Food and 242 Agricultural Sciences of the University of Florida or his or her 243 designee. 244 6. The president of Florida Agricultural and Mechanical 245 University or his or her designee. 246 7. The executive director of the Department of Law 247 Enforcement or his or her designee. 248 8. The president of the Florida Sheriffs Association or his 249 or her designee. 250 9. The president of the Florida Police Chiefs Association 251 or his or her designee. 252 10. The president of the Florida Farm Bureau Federation or 253 his or her designee. 254 11. The president of the Florida Fruit and Vegetable 255 Association or his or her designee. 256 (c) The advisory council shall elect by a two-thirds vote 257 of the members one member to serve as chair of the council. 258 (d) A majority of the members of the advisory council 259 constitutes a quorum. 260 (e) The advisory council shall meet at least once annually 261 at the call of the chair. 262 (f) Advisory council members shall serve without 263 compensation and are not entitled to reimbursement for per diem 264 or travel expenses. 265 Section 2. Subsection (3) of section 893.02, Florida 266 Statutes, is amended to read: 267 893.02 Definitions.—The following words and phrases as used 268 in this chapter shall have the following meanings, unless the 269 context otherwise requires: 270 (3) “Cannabis” means all parts of any plant of the genus 271 Cannabis, whether growing or not; the seeds thereof; the resin 272 extracted from any part of the plant; and every compound, 273 manufacture, salt, derivative, mixture, or preparation of the 274 plant or its seeds or resin. The term does not include 275 “marijuana,” as defined in s. 381.986, if manufactured, 276 possessed, sold, purchased, delivered, distributed, or 277 dispensed, in conformance with s. 381.986. The term does not 278 include hemp as defined in s. 581.217 or industrial hemp as 279 defined in s. 1004.4473. 280 Section 3. Paragraph (a) of subsection (2) and subsections 281 (3) through (7) of section 1004.4473, Florida Statutes, are 282 amended to read: 283 1004.4473 Industrial hemp pilot projects.— 284 (2)(a) The department shall authorize and oversee the 285 development of industrial hemp pilot projects for the Institute 286 of Food and Agricultural Sciences at the University of Florida, 287 Florida Agricultural and Mechanical University,andany land 288 grant university in the state that has a college of agriculture, 289 and any Florida College System institution or state university 290 that has an established agriculture, engineering, or pharmacy 291 program. The department shall adopt rules as required under the 292 Agricultural Act of 2014, 7 U.S.C. s. 5940, to implement this 293 section, including rules for the certification and registration 294 of sites used for growth or cultivation. The purpose of the 295 pilot projects is to cultivate, process, test, research, create, 296 and market safe and effective commercial applications for 297 industrial hemp in the agricultural sector in this state. 298 (3) An institution or a university must obtain the 299 authorization of its board of trustees before implementing an 300 industrial hemp pilot project. A pilot project authorized by an 301 institution or a university must be registered with the 302 department and must comply with rules adopted by the department. 303 (4) An institution or a university that implements an 304 industrial hemp pilot project shall develop partnerships with 305 qualified project partners to attract experts and investors 306 experienced with agriculture and may develop the pilot project 307 in partnership with public, nonprofit, and private entities in 308 accordance with this section and all applicable state and 309 federal laws. 310 (5) The research office of an institution or a university 311 that implements an industrial hemp pilot project shall oversee 312 the pilot project and ensure compliance with rules adopted by 313 the department. The office must identify a contact person who is 314 responsible for oversight of the pilot project and shall adopt 315 procedures and guidelines to ensure the proper operation of the 316 pilot project, the proper handling of hemp material and 317 products, compliance with state and federal law, and the safety 318 and security of the pilot project facility. At a minimum, the 319 guidelines must: 320 (a) Designate the physical location, global positioning 321 system position, and map of the pilot project facility. Areas 322 within the facility must be designated as general access or 323 limited access. An area where hemp material is cultivated, 324 processed, stored, or packaged or where industrial hemp research 325 is conducted must be designated as limited access. Limited 326 access areas must be restricted to entry by qualified program 327 personnel and authorized visitors accompanied at all times by 328 qualified program personnel. All other areas of the facility may 329 be designated as general access and are open to authorized 330 visitors, regardless of whether accompanied by qualified program 331 personnel. 332 (b) Identify the qualified program personnel involved in 333 the pilot project who meet the requirements of 21 CFR s. 1301.18 334 pursuant to the Agricultural Act of 2014, 7 U.S.C. s. 5940. 335 (c) Authorize the qualified program personnel to handle, 336 grow, cultivate, process, and manufacture hemp materials. 337 (d) Establish a testing program and protocols to ensure the 338 proper labeling of hemp material. 339(6) An industrial hemp commercialization project may only340be conducted after an industrial hemp pilot project has been in341place for 2 years to determine if there are any adverse impacts342of hemp cultivation on current indigenous crops in the state.343 (6)(7)An institution or a university that implements an 344 industrial hemp pilot project shall submit a report to the 345 Governor, the President of the Senate, and the Speaker of the 346 House of Representatives on the status of its pilot project and 347 any research related to the cultivation, harvesting, processing, 348 and uses of industrial hemp. The report must be prepared and 349 submitted within 2 years after the pilot project is implemented 350project’s creation. 351 Section 4. This act shall take effect July 1, 2019.