HB 0001E 2003
1	A bill to be entitled
2	An act relating to the establishment of a biomedical
3	research institution and campus; creating s. 288.955,
4	F.S.; providing definitions; creating the Scripps Florida
5	Funding Corporation to facilitate the establishment and
6	operation of a biomedical research institution for the
7	purposes of enhancing education and research and promoting
8	economic development and diversity; providing for its
9	board of directors; prohibiting conflicts of interest;
10	providing penalties; providing powers and duties of the
11	corporation; providing for investment of funds; requiring
12	an operating plan; requiring the corporation and Scripps
13	Florida or another entity operating such an institution to
14	enter into a contract; providing for disbursement and
15	reinvestment of funds; requiring reports, audits, and
16	evaluations; limiting the use of funds; providing that the
17	appropriation of funds does not constitute a debt of the
18	state or a subdivision of the state nor does it subject
19	the state or a subdivision to liability; providing for
20	extension of certain deadlines in certain situations in
21	which the grantee cannot meet contract conditions with
22	limitations; providing for resumption of such deadlines;
23	requiring the office to contract with the corporation to
24	transfer certain funds under certain circumstances;
25	providing contract requirements; providing for contract
26	rescission under certain circumstances; requiring the
27	office to report quarterly to the Legislative Budget
28	Commission; requiring the Legislative Budget Commission to
29	make a continuing appropriation determination under
30	certain circumstances; amending s. 403.973, F.S.;
31	specifying that projects that are part of the biomedical
32	research institution and campus are eligible for the
33	expedited permitting process; providing for challenges to
34	state agency action in expedited permitting related to the
35	institution and campus; providing an effective date.
36
37	Be It Enacted by the Legislature of the State of Florida:
38
39	Section 1. Section 288.955, Florida Statutes, is created
40	to read:
41	288.955 Scripps Florida Funding Corporation.--
42	(1) DEFINITIONS.--As used in this section, the term:
43	(a) "Contract" means the contract executed between the
44	corporation and the grantee under this section.
45	(b) "Corporation" means the Scripps Florida Funding
46	Corporation created under this section.
47	(c) "Grantee" means Scripps Florida, a not-for-profit
48	entity, or a division, subsidiary, affiliate, or entity formed
49	by The Scripps Research Institute to establish a state-of-the-
50	art biomedical research institution and campus in this state.
51	(2) CREATION.--
52	(a) There is created a not-for-profit corporation known as
53	the Scripps Florida Funding Corporation, which shall be
54	registered, incorporated, organized, and operated under chapter
55	617.
56	(b) The corporation is not a unit or entity of state
57	government. However, the corporation is subject to the
58	provisions of s. 24, Art. I of the State Constitution and
59	chapter 119, relating to public meetings and records, and the
60	provisions of chapter 286 relating to public meetings and
61	records.
62	(c) The corporation must establish at least one corporate
63	office in this state and appoint a registered agent.
64	(d) The corporation shall hire or contract for all staff
65	necessary to the proper execution of its powers and duties
66	within the funds appropriated to implement this section and
67	shall require that all officers, directors, and employees of the
68	corporation comply with the code of ethics for public officers
69	and employees under part III of chapter 112. In no case may the
70	corporation expend more than $400,000 in the first year and
71	$200,000 per year thereafter for staffing and necessary
72	administrative expenditures using funds appropriated to
73	implement this section.
74	(e) The Office of Tourism, Trade, and Economic Development
75	shall provide routine or incidental administrative support to
76	the corporation as requested by the corporation.
77	(3) PURPOSE.--The corporation shall be organized to
78	receive, hold, invest, administer, and disburse funds
79	appropriated by the Legislature for the establishment and
80	operation of a state-of-the-art biomedical research institution
81	and campus in this state by The Scripps Research Institute. The
82	corporation shall safeguard the state's commitment of financial
83	support by ensuring that, as a condition for the receipt of
84	these funds, the grantee meets its contractual obligations. In
85	this manner, the corporation shall facilitate and oversee the
86	state goal and public purpose of providing financial support for
87	the institution and campus in order to expand the amount and
88	prominence of biomedical research conducted in this state,
89	provide an inducement for high-technology businesses to locate
90	in this state, create educational opportunities through access
91	to and partnerships with the institution, and promote improved
92	health care through the scientific outcomes of the institution.
93	(4) BOARD; MEMBERSHIP.--The corporation shall be governed
94	by a board of directors.
95	(a) The board of directors shall consist of nine voting
96	members, of whom the Governor shall appoint three, the President
97	of the Senate shall appoint three, and the Speaker of the House
98	of Representatives shall appoint three. All members must be
99	appointed no later than November 30, 2003. The director of the
100	Office of Tourism, Trade, and Economic Development or the
101	director's designee shall serve as an ex-officio, nonvoting
102	member of the board of directors.
103	(b) Each member of the board of directors shall serve for
104	a term of 2 years, except that initially the Governor, the
105	President of the Senate, and the Speaker of the House of
106	Representatives each shall appoint one member for a term of 1
107	year and two members for terms of 2 years to achieve staggered
108	terms among the members of the board.
109	(c) A member is eligible for reappointment to the board of
110	directors; however, no member may serve for a total period of
111	more than 4 years.
112	(d) The Governor, the President of the Senate, or the
113	Speaker of the House of Representatives, respectively, shall
114	fill a vacancy on the board of directors, according to who
115	appointed the member whose vacancy is to be filled or whose term
116	has expired. A vacancy that occurs before the scheduled
117	expiration of the term of the member shall be filled for the
118	remainder of the unexpired term.
119	(e) Each member of the board of directors who is not
120	otherwise required to file financial disclosure under s. 8, Art.
121	II of the State Constitution or s. 112.3144 shall file
122	disclosure of financial interests under s. 112.3145.
123	(f) A person may not be appointed to the board of
124	directors if he or she has had any interest, direct or indirect,
125	in any contract, franchise, privilege, or other benefit granted
126	by The Scripps Research Institute or any of its affiliate
127	organizations within 5 years before appointment. A person
128	appointed to the board of directors must agree to refrain from
129	having any interest, direct or indirect, in any contract,
130	franchise, privilege, or other benefit granted by The Scripps
131	Research Institute or any of its affiliate organizations during
132	the term of his or her appointment and for 5 years after the
133	termination of such appointment. It is a misdemeanor of the
134	first degree, punishable as provided in s. 775.083 or s.
135	775.084, for a person to accept appointment to the board of
136	directors in violation of this paragraph or to accept an
137	interest in any contract, franchise, privilege, or other benefit
138	granted by the institution or affiliate within 5 years after the
139	termination of his or her service on the board.
140	(g) Each member of the board of directors shall serve
141	without compensation but shall receive travel and per diem
142	expenses as provided in s. 112.061.
143	(h) Each member of the board of directors is accountable
144	for the proper performance of the duties of office, and each
145	member owes a fiduciary duty to the people of the state to
146	ensure that funds provided in furtherance of this section are
147	disbursed and used as prescribed by law and contract. The
148	Governor, the President of the Senate, or the Speaker of the
149	House of Representatives, according to which officer appointed
150	the member, may remove a member for malfeasance, misfeasance,
151	neglect of duty, incompetence, permanent inability to perform
152	official duties, unexcused absence from three consecutive
153	meetings of the board, arrest or indictment for a crime that is
154	a felony or a misdemeanor involving theft or a crime of
155	dishonesty, or pleading nolo contendere to, or being found
156	guilty of, any crime.
157	(5) ORGANIZATION; MEETINGS.--
158	(a)1. The board of directors shall annually elect a
159	chairperson and a vice chairperson from among the board's
160	members. The members, by an affirmative vote of at least seven
161	of the nine members, may remove a member from the position of
162	chairperson or vice chairperson prior to the expiration of his
163	or her term as chairperson or vice chairperson. His or her
164	successor shall be elected to serve for the balance of the
165	removed chairperson's or vice chairperson's term.
166	2. The chairperson is responsible for ensuring that
167	records are kept of the proceedings of the board of directors
168	and is the custodian of all books, documents, and papers filed
169	with the board, the minutes of meetings of the board, and the
170	official seal of the corporation.
171	(b)1. The board of directors shall meet upon the call of
172	the chairperson or at the request of a majority of the members,
173	but no less than three times per calendar year.
174	2. A majority of the voting members of the board of
175	directors constitutes a quorum. Except as otherwise provided in
176	this section, the board may take official action by a majority
177	vote of the members present at any meeting at which a quorum is
178	present. Members may not vote by proxy.
179	3. A member of the board may participate in a meeting of
180	the board by telephone or videoconference through which each
181	member may hear every other member.
182	(6) POWERS AND DUTIES.--The corporation is organized to
183	receive, hold, invest, administer, and disburse funds
184	appropriated by the Legislature in support of this section and
185	to disburse any income generated from the investment of these
186	funds consistent with the purpose and provisions of this
187	section. In addition to the powers and duties prescribed in
188	chapter 617 and the articles and bylaws adopted under that
189	chapter, the corporation:
190	(a) May make and enter into contracts and assume any other
191	functions that are necessary to carry out the provisions of this
192	section.
193	(b) May make expenditures, from funds provided by this
194	state, including any necessary administrative expenditures
195	consistent with its powers.
196	(c) May enter into leases and contracts for the purchase
197	of real property and hold notes, mortgages, guarantees, or
198	security agreements to secure the performance of obligations of
199	the grantee under the contract.
200	(d) May perform all acts and things necessary or
201	convenient to carry out the powers expressly granted in this
202	section and a contract entered into between the corporation and
203	the grantee.
204	(e) May indemnify, and purchase and maintain insurance on
205	behalf of, directors, officers, and employees of the corporation
206	against any personal liability or accountability.
207	(f) Shall disburse funds pursuant to the provisions of
208	this section and a contract entered into between the corporation
209	and the grantee.
210	(g) Shall receive and review reports and financial
211	documentation provided by the grantee to ensure compliance with
212	the provisions of this section and provisions of the contract.
213	(h) Shall prepare an annual report as prescribed in
214	subsection (11).
215	(7) INVESTMENT OF FUNDS.--The corporation must enter into
216	an agreement with the State Board of Administration under which
217	funds received by the corporation from the Office of Tourism,
218	Trade, and Economic Development which are not disbursed to the
219	grantee shall be invested by the State Board of Administration
220	on behalf of the corporation in an annuity product or in a
221	fixed-return investment fund authorized under s. 215.47(1).
222	(8) CONTRACT.--
223	(a) By March 15, 2004, the corporation shall negotiate and
224	execute a contract with the grantee governing the disbursement
225	and use of funds under this section. If no contract has been
226	executed by March 15, 2004, all unexpended funds shall revert
227	and be returned to the Working Capital Fund of the state. The
228	corporation may not execute the contract unless the contract is
229	approved by the affirmative vote of at least seven of the nine
230	members of the board of directors. At least 14 days before
231	execution of the contract, The Scripps Research Institute must
232	submit to the board, the Governor, the President of the Senate,
233	and the Speaker of the House of Representatives an
234	organizational plan, in a form and manner prescribed by the
235	board, for the establishment of a state-of-the-art biomedical
236	research institution and campus in this state, and the board
237	must submit a copy of the proposed contract to the Governor, the
238	President of the Senate, and the Speaker of the House of
239	Representatives.
240	(b) The contract, at a minimum, must contain provisions:
241	1. Specifying the procedures and schedules that govern the
242	disbursement of funds under this section and specifying the
243	conditions or deliverables that the grantee must satisfy before
244	the release of each disbursement.
245	2. Requiring the grantee to submit to the corporation a
246	strategic plan in a form and manner prescribed by the
247	corporation.
248	3. Prohibiting The Scripps Research Institute or the
249	grantee from establishing other biomedical science or research
250	facilities in any state other than this state or California for
251	a period of 15 years from the commencement of the contract.
252	4. Governing the ownership of or security interests in
253	real property and personal property, including, but not limited
254	to, research equipment, obtained through the financial support
255	of state or local government, including a provision that in the
256	event of a breach of the contract or in the event the grantee
257	ceases operations in this state, such property purchased with
258	state funds shall revert to the state and such property
259	purchased with local funds shall revert to the local governing
260	authority.
261	5. Requiring the grantee to maintain a policy of awarding
262	preference in employment to residents of this state, as defined
263	by law, and to be an equal opportunity employer.
264	6. Requiring the grantee to maintain a policy of making
265	purchases from vendors in this state, to the extent it is cost-
266	effective.
267	7. Requiring the grantee to enter into collaborative
268	partnerships with all the state’s public and private
269	postsecondary educational institutions.
270	8. Requiring the grantee to participate in employee-
271	recruitment activities at a minimum of five public or private
272	universities or community colleges in this state every year
273	during the duration of the contract.
274	9. Requiring the grantee to use the Internet-based job-
275	listing system of the Agency for Workforce Innovation in
276	advertising employment opportunities.
277	10. Requiring the grantee to establish accredited science
278	degree programs.
279	11. Requiring the grantee to establish internship programs
280	to create learning opportunities for educators and secondary and
281	postsecondary students, including graduate and doctoral
282	students.
283	12. Requiring the grantee to submit data to the
284	corporation on the activities and performance during each fiscal
285	year and to provide to the corporation an annual accounting of
286	the expenditure of funds disbursed under this section.
287	13. Authorizing the grantee, when feasible, to use
288	information submitted by it to the Federal Government or to
289	other organizations awarding research grants to the grantee to
290	help meet reporting requirements imposed under this section or
291	the contract, if the information satisfies the reporting
292	standards of this section and the contract.
293	14. Requiring the grantee during the first 7 years of the
294	contract to create 545 positions and to acquire associated
295	research equipment for the grantee's facility in this state, and
296	pay for related maintenance of the equipment, in a total amount
297	of not less than $45 million.
298	15. Requiring the grantee to progress in the creation of
299	the total number of jobs prescribed in subparagraph 14. on the
300	following schedule: 38 positions in the first year, 168
301	positions in the second year, 280 positions in the third year,
302	367 positions in the fourth year, 436 positions in the fifth
303	year, 500 positions in the sixth year, and 545 positions in the
304	seventh year. The board may allow the grantee to deviate from
305	such employee levels by 25 percent in any year, to allow the
306	grantee flexibility in achieving the objectives set forth in the
307	business plan provided to the corporation; however, the grantee
308	must have no fewer than 545 positions by the end of the seventh
309	year.
310	16. Requiring the grantee to authorize the Auditor General
311	and the Office of Program Policy Analysis and Government
312	Accountability to inspect the records of the grantee to audit
313	the expenditure of funds disbursed to the grantee, evaluate the
314	compliance of the grantee with law and contract, or otherwise
315	evaluate the performance of the grantee.
316	17. Requiring the grantee to purchase liability insurance
317	and governing the coverage level of such insurance.
318	18. Requiring the grantee’s expenditure of funds to be
319	consistent with legislative intent as provided in this section.
320	(c) An amendment to the contract is not effective unless
321	it is approved by the affirmative vote of at least seven of the
322	nine members of the board of directors.
323	(9) DISBURSEMENTS.--
324	(a) The corporation shall disburse funds to the grantee
325	over a period of 7 calendar years starting in the calendar year
326	beginning January 1, 2004, under the terms and conditions of the
327	contract. The corporation shall complete disbursement of the
328	total amount of funds payable to the grantee under the contract
329	no later than December 31, 2010, unless the grantee fails to
330	satisfy the terms and conditions of the contract. Any funds of
331	the corporation that are not disbursed by December 31, 2010,
332	shall be returned to the state and deposited into the Biomedical
333	Research Trust Fund of the Department of Health.
334	(b) The contract shall provide for a reduction or
335	elimination of funding in any year if:
336	1. The grantee is no longer fully operating in this state;
337	2. The grantee has failed to commit in writing to maintain
338	full operations in the state for the succeeding year; or
339	3. The grantee commits a material default or breach of the
340	contract, as defined and governed by the contract.
341	(c) Each disbursement by the corporation to the grantee
342	under this section is conditioned upon the affirmative approval
343	of at least seven of the nine members of the board of directors
344	and upon demonstration by the grantee that the grantee has met
345	the particular contractual deliverables that are the basis for
346	that disbursement.
347	(10) USE OF FUNDS.--
348	(a) Funds appropriated in furtherance of this section may
349	not be disbursed or expended for activities that are not
350	directly related to the establishment or operation of the
351	grantee in this state, except upon approval of the affirmative
352	vote of at least seven of the nine members of the board of
353	directors.
354	(b) No funds appropriated in furtherance of this section
355	may be used for the purpose of lobbying any branch or agency of
356	state government or any political subdivision of this state.
357	(11) ANNUAL REPORT.--By December 1 each year, the
358	corporation shall prepare a report of the activities and
359	outcomes under this section for the preceding fiscal year. The
360	report, at a minimum, must include:
361	(a) A description of the activities of the corporation in
362	managing and enforcing the contract with the grantee.
363	(b) An accounting of the amount of funds disbursed during
364	the preceding fiscal year to the grantee and a description of
365	the satisfaction of contract deliverables by the grantee which
366	served as the basis for the disbursements.
367	(c) An accounting of expenditures by the grantee during
368	the fiscal year of funds disbursed under this section.
369	(d) Information on the number and salary level of jobs
370	created by the grantee, including the number and salary level of
371	jobs created for residents of this state.
372	(e) Information on the amount and nature of economic
373	activity generated through the activities of the grantee.
374	(f) A detailed assessment of the progress in achieving the
375	return on investment associated with the grantee, as projected
376	by economists on behalf of the Executive Office of Governor, of
377	an additional $3.2 billion in gross state product over a 15-year
378	period, including an assessment of factors affecting the ability
379	and likelihood to meet the projected return on investment.
380	(g) A compliance and financial audit of the accounts and
381	records of the corporation at the end of the preceding fiscal
382	year conducted by an independent certified public accountant in
383	accordance with rules of the Auditor General.
384
385	The corporation shall submit the report to the Governor, the
386	President of the Senate, and the Speaker of the House of
387	Representatives.
388	(12) PROGRAM EVALUATION.--
389	(a) Before January 1, 2007, the Office of Program Policy
390	Analysis and Government Accountability shall conduct a
391	performance audit of the Office of Tourism, Trade, and Economic
392	Development and the corporation relating to the provisions of
393	this section. The audit shall assess the implementation and
394	outcomes of activities under this section. At a minimum, the
395	audit shall address:
396	1. Performance of the Office of Tourism, Trade, and
397	Economic Development in providing oversight for funds
398	appropriated under this section.
399	2. Performance of the corporation in managing and
400	enforcing the contract with the grantee.
401	3. Compliance by the corporation with the provisions of
402	this section and the provisions of the contract.
403	4. Performance by the grantee under the contract.
404	5. Economic activity generated through funds disbursed
405	under the contract, including, but not limited to, the number
406	and salary level of jobs created by the grantee.
407	6. The nature and level of interaction between the grantee
408	and educational institutions in the state.
409	(b) Before January 1, 2010, the Office of Program Policy
410	Analysis and Government Accountability shall update the report
411	required under this subsection. In addition to addressing the
412	items prescribed in paragraph (a), the updated report shall
413	include a recommendation on whether the Legislature should
414	retain the statutory authority for the corporation.
415
416	A report of each audit's findings and recommendations shall be
417	submitted to the Governor, the President of the Senate, and the
418	Speaker of the House of Representatives. In completing the
419	performance audits required under this subsection, the Office of
420	Program Policy Analysis and Government Accountability shall
421	maximize the use of reports submitted by the grantee to the
422	Federal Government or to other organizations awarding research
423	grants to the grantee.
424	(13) LIABILITY.--
425	(a) The appropriation or disbursement of funds under this
426	section does not constitute a debt, liability, or obligation of
427	the State of Florida, any political subdivision thereof, or the
428	corporation, or a pledge of the faith and credit of the state or
429	of any such political subdivision.
430	(b) The appropriation or disbursement of funds under this
431	section does not subject the State of Florida, any political
432	subdivision thereof, or the corporation to liability related to
433	the research activities and research products of the grantee.
434	(14) FORCE MAJEURE.-—Notwithstanding any other provisions
435	of this section, if the grantee is prevented from timely
436	achieving any deadlines set forth in this section due to its
437	inability to occupy its permanent facility in this state within
438	2 years after entering into the memorandum of agreement pursuant
439	to s. 403.973 as a result of permitting delays, administrative
440	or judicial proceedings, acts of God, labor disturbances, or
441	other similar events beyond the control of the grantee, the
442	deadline shall be extended by the number of days by which the
443	grantee was delayed in commencing its occupancy of its permanent
444	facility in this state. In no event shall the extension be for
445	more than 4 years. Upon occurrence of a force majeure event, the
446	corporation shall continue to fund the grantee at a level that
447	permits the corporation to sustain its current level of
448	operations until the force majeure event ceases and the grantee
449	is able to resume the contract schedule which governs
450	disbursement.
451	Section 2. Continuing oversight.--
452	(1) The Office of Tourism, Trade, and Economic Development
453	shall contract with the Scripps Florida Funding Corporation to
454	transfer the funds appropriated by the Legislature for the
455	purposes of this act. Such contract shall include a provision
456	that the corporation can only disburse funds in strict
457	accordance with legislative intent and that any failure to do so
458	constitutes a rescission of the contract by the corporation
459	requiring an immediate return by the corporation to the state of
460	all undisbursed funds of the corporation. In addition, the
461	contract between the office and the corporation shall provide
462	for the release of no more than $400,000 of the total
463	appropriation until such time as the contract between the
464	corporation and the grantee is executed. If such contract is not
465	executed by the required date of March 15, 2004, all unexpended
466	funds shall revert and be returned to the Working Capital Fund
467	of the state.
468	(2) As a part of its oversight of the funds appropriated
469	for the purposes of this act, the office shall report quarterly
470	to the Legislative Budget Commission.
471	(3) Upon receipt of the report, the Legislative Budget
472	Commission shall make a determination as to whether the
473	legislative intent for the appropriation continues to be met.
474	Section 3. Subsections (3) and (15) of section 403.973,
475	Florida Statutes, are amended to read:
476	403.973 Expedited permitting; comprehensive plan
477	amendments.--
478	(3)(a) The Governor, through the office, shall direct the
479	creation of regional permit action teams, for the purpose of
480	expediting review of permit applications and local comprehensive
481	plan amendments submitted by:
482	1. Businesses creating at least 100 jobs, or
483	2. Businesses creating at least 50 jobs if the project is
484	located in an enterprise zone, or in a county having a
485	population of less than 75,000 or in a county having a
486	population of less than 100,000 which is contiguous to a county
487	having a population of less than 75,000, as determined by the
488	most recent decennial census, residing in incorporated and
489	unincorporated areas of the county, or
490	(b) On a case-by-case basis and at the request of a county
491	or municipal government, the office may certify as eligible for
492	expedited review a project not meeting the minimum job creation
493	thresholds but creating a minimum of 10 jobs. The recommendation
494	from the governing body of the county or municipality in which
495	the project may be located is required in order for the office
496	to certify that any project is eligible for expedited review
497	under this paragraph. When considering projects that do not meet
498	the minimum job creation thresholds but that are recommended by
499	the governing body in which the project may be located, the
500	office shall consider economic impact factors that include, but
501	are not limited to:
502	1. The proposed wage and skill levels relative to those
503	existing in the area in which the project may be located;
504	2. The project's potential to diversify and strengthen the
505	area's economy;
506	3. The amount of capital investment; and
507	4. The number of jobs that will be made available for
508	persons served by the welfare transition program.
509	(c) At the request of a county or municipal government,
510	the office or a Quick Permitting County may certify projects
511	located in counties where the ratio of new jobs per participant
512	in the welfare transition program, as determined by Workforce
513	Florida, Inc., is less than one or otherwise critical, as
514	eligible for the expedited permitting process. Such projects
515	must meet the numerical job creation criteria of this
516	subsection, but the jobs created by the project do not have to
517	be high-wage jobs that diversify the state's economy.
518	(d) Projects located in a designated brownfield area are
519	eligible for the expedited permitting process.
520	(e) Projects that are part of the state-of-the-art
521	biomedical research institution and campus to be established in
522	this state by the grantee under s. 288.955 are eligible for the
523	expedited permitting process.
524	(15)(a)Challenges to state agency action in the expedited
525	permitting process for projects processed under this section are
526	subject to the summary hearing provisions of s. 120.574, except
527	that the administrative law judge's decision, as provided in s.
528	120.574(2)(f), shall be in the form of a recommended order and
529	shall not constitute the final action of the state agency. In
530	those proceedings where the action of only one agency of the
531	state is challenged, the agency of the state shall issue the
532	final order within 10 working days of receipt of the
533	administrative law judge's recommended order. In those
534	proceedings where the actions of more than one agency of the
535	state are challenged, the Governor shall issue the final order
536	within 10 working days of receipt of the administrative law
537	judge's recommended order. The participating agencies of the
538	state may opt at the preliminary hearing conference to allow the
539	administrative law judge's decision to constitute the final
540	agency action. If a participating local government agrees to
541	participate in the summary hearing provisions of s. 120.574 for
542	purposes of review of local government comprehensive plan
543	amendments, s. 163.3184(9) and (10) apply.
544	(b) Challenges to state agency action in the expedited
545	permitting process for establishment of a state-of-the-art
546	biomedical research institution and campus in this state by the
547	grantee under s. 288.955 are subject to the same requirements as
548	challenges brought under paragraph (a), except that,
549	notwithstanding s. 120.574, summary proceedings must be
550	conducted within 30 days after a party files the motion for
551	summary hearing, regardless of whether the parties agree to the
552	summary proceeding.
553	Section 4. This act shall take effect upon becoming a law.