Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 286
       
       
       
       
       
       
                                Ì823558GÎ823558                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/17/2015           .                                
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       The Committee on Community Affairs (Diaz de la Portilla)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 501.181, Florida Statutes, is created to
    6  read:
    7         501.181 Safe-haven facilities.—
    8         (1) As used in this section, the term:
    9         (a) “Building” means a structure with a roof and walls and
   10  any area surrounding the structure that is on the same property
   11  as the structure or on property that is owned, maintained, or
   12  occupied by the same entity that owns, maintains, or occupies
   13  the structure; that is open to the public; and which includes,
   14  but is not limited to, courtyards, parking lots, and lawns.
   15         (b) “Classified advertisement website” means a web-based
   16  advertisement site that lists items for sale or items wanted for
   17  purchase or acquisition.
   18         (c) “Department” means the Department of Management
   19  Services.
   20         (d) “Local safe-haven facility” means a public local
   21  governmental building approved by the local governmental body to
   22  be used by the public to execute sales transactions, or as
   23  otherwise determined and approved by the local governmental
   24  body.
   25         (e) “Sales transaction” or “transaction” means an in-person
   26  sale or purchase of an item that was offered for sale or listed
   27  as wanted for purchase on a classified advertisement website and
   28  the parties to the sale or purchase arrange to meet at a state
   29  safe-haven facility or local safe-haven facility for the purpose
   30  of executing the sale or purchase, or the sale or purchase was
   31  executed at a state safe-haven facility or local safe-haven
   32  facility. The exchange of money for goods is not a necessary
   33  element of such a transaction.
   34         (f) “State safe-haven facility” means a public state
   35  governmental building that has a designated area where
   36  individuals may execute sales transactions.
   37         (2) The department is encouraged to designate at least:
   38         (a) One state safe-haven facility in each county having a
   39  population of less than 250,000;
   40         (b) Two state safe-haven facilities in each county having a
   41  population of at least 250,000, but less than 800,000; and
   42         (c) Four state safe-haven facilities in each county having
   43  a population of 800,000 or more.
   44         (3) A state safe-haven facility should be easily accessible
   45  so an individual is not discouraged from using the location. A
   46  public state building, including, but not limited to, a state
   47  college or university, Florida Highway Patrol station, or other
   48  public state office building, may serve as a state safe-haven
   49  facility.
   50         (4) The department should designate at least one indoor and
   51  one outdoor area at each state safe-haven facility that may be
   52  used by individuals to execute sales transactions during the
   53  hours that the state safe-haven facility is open to the public.
   54         (5) Other than as provided for in this section, the
   55  department is not responsible for regulating sales transactions
   56  at state safe-haven facilities.
   57         (6) Local governmental bodies are encouraged, but not
   58  required, to approve the use of public local governmental
   59  buildings, such as sheriff’s offices, county courthouses, and
   60  other public local governmental office buildings, to serve as
   61  local safe-haven facilities. This section does not preempt a
   62  local governmental body from regulating or otherwise governing
   63  the use and functions of local safe-haven facilities. Local
   64  governmental bodies may adopt different definitions of the terms
   65  in subsection (1) as applicable to local safe-haven facilities.
   66         (7) The state or a local government and its officers,
   67  employees, or agents are not responsible for supervising,
   68  intervening in, or facilitating a sales transaction or otherwise
   69  responsible for providing security to supervise or intervene in
   70  the transaction and are not otherwise liable for the actions of
   71  the parties or nonparties involved in the transaction.
   72         (8) The state and local governments and their respective
   73  agencies and subdivisions may not be held liable in tort or
   74  named as a party defendant in any action for any injury or
   75  damage suffered as a result of any incident arising from a sales
   76  transaction. An officer, employee, or agent of the state or
   77  local government or any of their agencies or subdivisions may
   78  not be held personally liable in tort or named as a party
   79  defendant in any action for any injury or damage suffered as a
   80  result of any incident arising from a sales transaction unless
   81  such officer, employee, or agent acted outside the scope of her
   82  or his employment or in bad faith or with malicious purpose or
   83  in a manner exhibiting wanton and willful disregard for human
   84  rights, safety, or property.
   85         (9) Subject to and as provided in s. 768.28, this section
   86  does not reduce or limit the liability or rights of the state or
   87  any local government, or any of their agencies or subdivisions,
   88  or of the officers, employees, or agents of the state or local
   89  government, in tort based on an incident that did not arise
   90  from, or was caused by, a sales transaction.
   91         Section 2. This act shall take effect July 1, 2015.
   92  
   93  ================= T I T L E  A M E N D M E N T ================
   94  And the title is amended as follows:
   95         Delete everything before the enacting clause
   96  and insert:
   97                        A bill to be entitled                      
   98         An act relating to classified advertisement websites;
   99         creating s. 501.181, F.S.; defining terms; encouraging
  100         the Department of Management Services to designate a
  101         specified number of state safe-haven facilities in
  102         each county based upon population; authorizing public
  103         state buildings to serve as state safe-haven
  104         facilities; encouraging local governments to approve
  105         the use of public local governmental buildings as
  106         local safe-haven facilities; limiting the liability of
  107         the state and any local government, and of the
  108         officers, employees, or agents of the state or any
  109         local government, that provides a state safe-haven
  110         facility or local safe-haven facility; limiting
  111         actions for injury or damages against the state or any
  112         local government, or of the officers, employees, or
  113         agents of the state or any local government, arising
  114         from a sales transaction; providing an effective date.
  115  
  116         WHEREAS, there have been a number of cases throughout this
  117  state in which people selling cellular phones, computers, or
  118  other goods through classified advertisement websites have been
  119  targeted by criminals who intend to rob them when they meet to
  120  exchange goods for cash, and
  121         WHEREAS, even when the victims of these crimes select
  122  public and populated locations that they feel are safe, such as
  123  shopping centers or parks, to execute the transactions, they
  124  still fall prey to these criminals, and
  125         WHEREAS, identifying locations to serve as safe havens for
  126  transactions related to classified advertisement websites will
  127  likely deter these crimes and provide for greater safety
  128  throughout the state, NOW, THEREFORE,