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.
   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,
   40  Be It Enacted by the Legislature of the State of Florida:
   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.