Florida Senate - 2015                              CS for SB 286
       
       
        
       By the Committee on Community Affairs; and Senator Diaz de la
       Portilla
       
       
       
       
       578-02386-15                                           2015286c1
    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 buildings to serve as state safe-haven
    8         facilities; encouraging local governments to approve
    9         the use of public local governmental buildings as
   10         local safe-haven facilities; limiting the liability of
   11         the state and any local government, and of the
   12         officers, employees, or agents of the state or any
   13         local government, that provides a state safe-haven
   14         facility or local safe-haven facility; limiting
   15         actions for injury or damages against the state or any
   16         local government, or of the officers, employees, or
   17         agents of the state or any local government, arising
   18         from a sales transaction; providing an effective date.
   19  
   20         WHEREAS, there have been a number of cases throughout this
   21  state in which people selling cellular phones, computers, or
   22  other goods through classified advertisement websites have been
   23  targeted by criminals who intend to rob them when they meet to
   24  exchange goods for cash, and
   25         WHEREAS, even when the victims of these crimes select
   26  public and populated locations that they feel are safe, such as
   27  shopping centers or parks, to execute the transactions, they
   28  still fall prey to these criminals, and
   29         WHEREAS, identifying locations to serve as safe havens for
   30  transactions related to classified advertisement websites will
   31  likely deter these crimes and provide for greater safety
   32  throughout the state, NOW, THEREFORE,
   33  
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Section 501.181, Florida Statutes, is created to
   37  read:
   38         501.181 Safe-haven facilities.—
   39         (1) As used in this section, the term:
   40         (a) “Building” means a structure with a roof and walls and
   41  any area surrounding the structure that is on the same property
   42  as the structure or on property that is owned, maintained, or
   43  occupied by the same entity that owns, maintains, or occupies
   44  the structure; that is open to the public; and which includes,
   45  but is not limited to, courtyards, parking lots, and lawns.
   46         (b) “Classified advertisement website” means a web-based
   47  advertisement site that lists items for sale or items wanted for
   48  purchase or acquisition.
   49         (c) “Department” means the Department of Management
   50  Services.
   51         (d) “Local safe-haven facility” means a public local
   52  governmental building approved by the local governmental body to
   53  be used by the public to execute sales transactions, or as
   54  otherwise determined and approved by the local governmental
   55  body.
   56         (e) “Sales transaction” or “transaction” means an in-person
   57  sale or purchase of an item that was offered for sale or listed
   58  as wanted for purchase on a classified advertisement website and
   59  the parties to the sale or purchase arrange to meet at a state
   60  safe-haven facility or local safe-haven facility for the purpose
   61  of executing the sale or purchase, or the sale or purchase was
   62  executed at a state safe-haven facility or local safe-haven
   63  facility. The exchange of money for goods is not a necessary
   64  element of such a transaction.
   65         (f) “State safe-haven facility” means a public state
   66  governmental building that has a designated area where
   67  individuals may execute sales transactions.
   68         (2) The department is encouraged to designate at least:
   69         (a) One state safe-haven facility in each county having a
   70  population of less than 250,000;
   71         (b) Two state safe-haven facilities in each county having a
   72  population of at least 250,000, but less than 800,000; and
   73         (c) Four state safe-haven facilities in each county having
   74  a population of 800,000 or more.
   75         (3) A state safe-haven facility should be easily accessible
   76  so an individual is not discouraged from using the location. A
   77  public state building, including, but not limited to, a state
   78  college or university, Florida Highway Patrol station, or other
   79  public state office building, may serve as a state safe-haven
   80  facility.
   81         (4) The department should designate at least one indoor and
   82  one outdoor area at each state safe-haven facility that may be
   83  used by individuals to execute sales transactions during the
   84  hours that the state safe-haven facility is open to the public.
   85         (5) Other than as provided for in this section, the
   86  department is not responsible for regulating sales transactions
   87  at state safe-haven facilities.
   88         (6) Local governmental bodies are encouraged, but not
   89  required, to approve the use of public local governmental
   90  buildings, such as sheriff’s offices, county courthouses, and
   91  other public local governmental office buildings, to serve as
   92  local safe-haven facilities. This section does not preempt a
   93  local governmental body from regulating or otherwise governing
   94  the use and functions of local safe-haven facilities. Local
   95  governmental bodies may adopt different definitions of the terms
   96  in subsection (1) as applicable to local safe-haven facilities.
   97         (7) The state or a local government and its officers,
   98  employees, or agents are not responsible for supervising,
   99  intervening in, or facilitating a sales transaction or otherwise
  100  responsible for providing security to supervise or intervene in
  101  the transaction and are not otherwise liable for the actions of
  102  the parties or nonparties involved in the transaction.
  103         (8) The state and local governments and their respective
  104  agencies and subdivisions may not be held liable in tort or
  105  named as a party defendant in any action for any injury or
  106  damage suffered as a result of any incident arising from a sales
  107  transaction. An officer, employee, or agent of the state or
  108  local government or any of their agencies or subdivisions may
  109  not be held personally liable in tort or named as a party
  110  defendant in any action for any injury or damage suffered as a
  111  result of any incident arising from a sales transaction unless
  112  such officer, employee, or agent acted outside the scope of her
  113  or his employment or in bad faith or with malicious purpose or
  114  in a manner exhibiting wanton and willful disregard for human
  115  rights, safety, or property.
  116         (9) Subject to and as provided in s. 768.28, this section
  117  does not reduce or limit the liability or rights of the state or
  118  any local government, or any of their agencies or subdivisions,
  119  or of the officers, employees, or agents of the state or local
  120  government, in tort based on an incident that did not arise
  121  from, or was caused by, a sales transaction.
  122         Section 2. This act shall take effect July 1, 2015.