Florida Senate - 2016 SB 1152
By Senator Diaz de la Portilla
40-01240-16 20161152__
1 A bill to be entitled
2 An act relating to classified advertisement websites;
3 creating s. 501.181, F.S.; defining terms; encouraging
4 the Department of Management Services to designate a
5 specified number of state safe-haven facilities in
6 each county based upon population; authorizing public
7 state governmental buildings to serve as state safe
8 haven facilities; providing guidelines for the
9 placement and operation of safe-haven facilities;
10 specifying that the department is not responsible for
11 regulating sales transactions; authorizing local
12 governments to approve the use of public local
13 governmental buildings as local safe-haven facilities;
14 specifying that the state or local government and its
15 officers, employees, or agents are not responsible for
16 supervising, intervening in, or facilitating sales
17 transactions; limiting the liability of the state and
18 any local government, and of the officers, employees,
19 or agents of the state or any local government, that
20 provides a state safe-haven facility or local safe
21 haven facility; specifying that the section does not
22 reduce liability or rights in tort from incidents
23 unrelated to sales transactions; providing an
24 effective date.
25
26 WHEREAS, there have been a number of cases throughout this
27 state in which people selling cellular phones, computers, or
28 other goods through classified advertisement websites have been
29 targeted by criminals who intend to rob them when they meet to
30 exchange goods for cash, and
31 WHEREAS, even when the victims of these crimes select
32 public and populated locations that they believe are safe, such
33 as shopping centers or parks, to execute the transactions, they
34 still fall prey to these criminals, and
35 WHEREAS, identifying locations to serve as safe havens for
36 transactions related to classified advertisement websites will
37 likely deter these crimes and provide for greater safety
38 throughout the state, NOW, THEREFORE,
39
40 Be It Enacted by the Legislature of the State of Florida:
41
42 Section 1. Section 501.181, Florida Statutes, is created to
43 read:
44 501.181 Safe-haven facilities.—
45 (1) As used in this section, the term:
46 (a) “Building” means a structure with a roof and walls and
47 any area surrounding the structure which is on the same property
48 as the structure or on property that is owned, maintained, or
49 occupied by the same entity that owns, maintains, or occupies
50 the structure; which is open to the public; and which includes,
51 but is not limited to, courtyards, parking lots, and lawns.
52 (b) “Classified advertisement website” means a web-based
53 advertisement site that lists items for sale or items wanted for
54 purchase or acquisition.
55 (c) “Department” means the Department of Management
56 Services.
57 (d) “Local safe-haven facility” means a public local
58 governmental building approved by the local governmental body to
59 be used by the public to execute sales transactions, or as
60 otherwise determined and approved by the local governmental
61 body.
62 (e) “Sales transaction” or “transaction” means an in-person
63 exchange of an item that was offered for sale or listed as
64 wanted for purchase in a classified advertisement and in which
65 the parties to the exchange arrange to meet at a state safe
66 haven facility or local safe-haven facility for the purpose of
67 executing the exchange, or an in-person exchange of an item that
68 was both contemplated and executed at a state safe-haven
69 facility or local safe-haven facility. The exchange of money for
70 goods is not a necessary element of such a transaction.
71 (f) “State safe-haven facility” means a public state
72 governmental building that has a designated area where
73 individuals may execute sales transactions.
74 (2) The department is authorized to designate at least:
75 (a) One state safe-haven facility in each county having a
76 population of less than 250,000;
77 (b) Two state safe-haven facilities in each county having a
78 population of at least 250,000, but less than 800,000; and
79 (c) Four state safe-haven facilities in each county having
80 a population of 800,000 or more.
81 (3) A state safe-haven facility should be easily accessible
82 so an individual is not discouraged from using the location. A
83 public state governmental building, including, but not limited
84 to, a state college or university, Florida Highway Patrol
85 station, or other public state office building may serve as a
86 state safe-haven facility.
87 (4) The department may designate one or more indoor and
88 outdoor areas at each state safe-haven facility that may be used
89 by individuals to execute sales transactions during the hours
90 that the state safe-haven facility is open to the public.
91 (5) Other than as provided for in this section, the
92 department is not responsible for regulating sales transactions
93 at state safe-haven facilities.
94 (6) Local governmental bodies may approve the use of public
95 local governmental buildings, such as sheriff’s offices, county
96 courthouses, and other public local governmental office
97 buildings, to serve as local safe-haven facilities. This section
98 does not preempt a local governmental body from regulating or
99 otherwise governing the use and functions of local safe-haven
100 facilities. Local governmental bodies may adopt different
101 definitions of the terms specified in subsection (1) as
102 applicable to local safe-haven facilities.
103 (7) The state or a local government and its officers,
104 employees, or agents are not responsible for supervising,
105 intervening in, or facilitating a sales transaction or otherwise
106 responsible for providing security to supervise or intervene in
107 the transaction and are not otherwise liable for the actions of
108 the parties involved in the transaction or nonparties present to
109 the transaction.
110 (8) The state and local governments and their respective
111 agencies and subdivisions may not be held liable in tort or
112 named as a party defendant in any action for any injury or
113 damage suffered as a result of any incident arising from a sales
114 transaction. An officer, employee, or agent of the state or
115 local government, or any of their agencies or subdivisions, may
116 not be held personally liable in tort or named as a party
117 defendant in any action for any injury or damage suffered as a
118 result of any incident arising from a sales transaction unless
119 such officer, employee, or agent acted outside the scope of her
120 or his employment, or in bad faith or with malicious purpose or
121 in a manner exhibiting wanton and willful disregard for human
122 rights, safety, or property.
123 (9) Subject to and as provided in s. 768.28, this section
124 does not reduce or limit the liability or rights of the state or
125 any local government, or any of their agencies or subdivisions,
126 or of the officers, employees, or agents of the state or local
127 government, in tort based on an incident that did not arise
128 from, or was caused by, a sales transaction.
129 Section 2. This act shall take effect July 1, 2016.