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.