Industrial hemp, front-yard veggie gardens clear House
The state has great expectations for its hemp program, approved in 2019.

hemp
"We will tax this industry."

Two legislative priorities of Senate budget chief Rob Bradley cleared the Florida House Wednesday.

SB 1020, which creates a state industrial hemp program under the auspices of the Department of Agriculture, cleared the House by a unanimous 112-0 vote.

The 2018 federal Farm Bill allows states to establish hemp programs such as the one contemplated in current legislation, as the federal rule-making process could take years. Agriculture Commissioner Nikki Fried believes hemp could be the boost the state’s farm sector and rural areas need.

Rep. Ralph Massullo carried the House version of the bill, with an amendment clarifying what “hemp extract” is, and another clarifying the background check procedure for participants in the program.

“Hemp may be a confusing topic,” allowed the Beverly Hills Republican. But, he added, the agricultural commodity could prove transformative for the Panhandle and other rural areas, as well as offer consumer protections for CBD “nutraceuticals.”

“New jobs … commerce for our businesses,” Massullo said, “and we will tax this industry.”

Massullo expects revenue in the “hundreds of millions of dollars.”

Also clearing the House: SB 82, a ban on local bans of front yard vegetable gardens, carried in the House by DeLand Freshman Rep. Elizabeth Fetterhoff.

The legislation would eliminate as “void and unenforceable” local jurisdiction over front-yard gardens, to allow “the development of sustainable cultivation of vegetables and fruits at all levels of production, including for personal consumption.”

Ahead of a 93-16 vote, Fetterhoff framed a front-yard garden as an inalienable right against the “whims” of local government.

The issue attained statewide prominence when a Miami Shores couple sued for the right to plant a vegetable garden in their front yard. While they had cultivated their garden for two decades, local code enforcers made their move.

“This bill should not be viewed as an attack on home rule, but rather a defense of our most basic rights as Floridians.  There should always be a deference to local control at the beginning of any policy debate, but when the discussion becomes one of home rule versus fundamental rights, I will always proudly act in the interest of those rights,” Fetterhoff said after the vote.

“I want to thank Senator Bradley for allowing me to work with him on this very important issue.  Most importantly, I want to thank Hermine Ricketts and Tom Carroll for bringing this issue to our attention and for keeping up the fight as long as they did.  I’m excited to report that we can now all let the gardens grow,” Fetterhoff added.

“Whether it’s a hobby or a way for a cash strapped family to save money without sacrificing their nutrition, government at any level has no business telling Floridians that they cannot grow their own food because of where they live,” she concluded.

The bills move to Gov. Ron DeSantis for approval from here.

A.G. Gancarski

A.G. Gancarski has been the Northeast Florida correspondent for Florida Politics since 2014. His work also can be seen in the Washington Post, the New York Post, the Washington Times, and National Review, among other publications. He can be reached at [email protected] or on Twitter: @AGGancarski



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