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.