DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
RULE NO.:RULE TITLE:
5B-57.013Industrial Hemp Planting Permits
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 44 No. 10, January 16, 2018 issue of the Florida Administrative Register.
5B-57.013 - Industrial Hemp Planting Permits
(1) No change.
(2) A university shall not cultivate Industrial Hemp pursuant to Section 1004.4473, F.S., except under an Industrial Hemp Special Permit issued by the Department’s Division of Plant Industry.
(a) A university seeking an Industrial Hemp Planting Permit shall submit an Industrial Hemp Pilot Project Proposal that consists of the following information:
1. through 4. No change.
5. An Environmental Containment Plan for each proposed facility location, which must include the following:
a. through b. No change.
c. Wildfire protection measures to mitigate fire risk and damages to surrounding areas.
c.d. A transportation and movement plan that ensures that the Industrial Hemp (at all grow stages) is covered and moved in full containment during transport from noncontiguous locations. The university shall notify the Department of its intent to move the Industrial Hemp to request an inspection of the transport containment apparatus. The Department shall inspect the apparatus, suggest improvements to prevent potential exposures, if needed, and authorize the movement.
d.e. A detailed statement of the estimated costs of removing and destroying the plants prior to vacating the property or ending production.
6. No change.
7. A plan to perform an economic impact analysis of the proposed Pilot Project on the state’s agricultural sector, including a measure of the direct, indirect, and induced fiscal impact of the proposed Pilot Project.
8. through 11. No change.
12. Pursuant to Section 581.083(4)(a)1., Florida Statutes, if a university plans to cultivate industrial hemp in a planting greater than two contiguous acres, then the university must submit proof of a bond or certificate of deposit as described in Rule 5B-57.011(3), F.A.C. The university Each University shall provide proof of each bond or certificate of deposit by submitting with the Pilot Project Proposal either the form entitled Non-Native Species Planting Bond, FDACS 08439 (Rev. 01/13), as incorporated in Rule 5B-57.011, F.A.C., or Assignment of Certificate of Deposit for Non-Native Species Planting, FDACS 08440 (Rev. 01/13), as incorporated in Rule 5B-57.011, F.A.C., as appropriate.
13. A list of entities that the university plans to collaborate with as Qualified Project Partners and a detailed description of how the entities meet the requirements set forth in Section 1004.4473(1)(f), F.S., which must include the following:
a. Proof that the entity has a principal place of business in Florida.
b. Proof that the entity has access to a grow site in Florida, which may be the same grow site that the partnering university plans to use for the Pilot Project, and a detailed description of how the grow site is acceptable for the cultivation, processing, and manufacturing of industrial hemp and hemp products.
c. Proof that the entity has access to a research facility in Florida, which may be the same research facility the partnering university plans to use for the Pilot Project, and a detailed description of how the research facility is acceptable for the cultivation, processing, and manufacturing of industrial hemp and hemp products.
d. A copy of the comprehensive business or research plan that was submitted to the partnering university.
e. A detailed description of the entities’ prior experience in or knowledge of, or demonstrated interest in and commitment to, the cultivation, processing, manufacturing, or research of industrial hemp.
(b) through (c) No change.
(3) through (4) No change.
(5) The university shall notify the Department of its intent to move the Industrial Hemp to request an inspection of the transport containment apparatus. The Department shall inspect the apparatus to ensure the industrial hemp is contained for transport to its destination to prevent inadvertent spread during the transit.
(6)(5) The university Pilot Project oversight manager shall immediately notify the Department in writing if the university or its Qualified Project Partner fails to meet or comply with any portion of Section 1004.4473, F.S. or this rule. It is the responsibility of the property owner or permit holder to destroy the planting prior to vacating the property or stopping production. If the Department determines any of the factors of Section 581.083(4)(c), F.S., exist, the Department will issue an immediate final order requiring the immediate removal and destruction of the Pilot Project. Failure of the permit holder to remove and destroy the Industrial Hemp within 60 days of the order will result in action by the Department against the permit holder’s bond or certificate of deposit as described in Section 581.083(4)(d), F.S.
Rulemaking Authority 570.07(23), 581.031(4), (5), 1004.4473(2), FS. Law Implemented 581.031, 581.083,
1004.4473, FS. History–New___.
