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.