Florida Senate - 2009 SB 222
By Senator Wilson
33-00058-09 2009222__
1 A bill to be entitled
2 An act relating to reservations of the Miccosukee
3 Tribe of Indians of Florida; amending s. 285.16, F.S.;
4 specifying that the state's jurisdiction over criminal
5 offenses committed within Indian reservations and over
6 civil causes of action arising on reservations between
7 Indians or other persons or to which Indians or other
8 persons are parties does not apply to Indian
9 reservations of the Miccosukee Tribe of Indians of
10 Florida; amending s. 285.061, F.S., relating to the
11 transfer of land to the United States in trust for the
12 Seminole and Miccosukee Indian Tribes; conforming
13 provisions; reenacting s. 285.18(2)(c), F.S., relating
14 to tribal councils, to incorporate the amendment made
15 to s. 285.16, F.S., in a reference thereto; providing
16 an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Section 285.16, Florida Statutes, is amended to
21 read:
22 285.16 Civil and criminal jurisdiction on; Indian
23 reservations; exception reservation.—
24 (1) The State of Florida hereby assumes jurisdiction over
25 criminal offenses committed by or against Indians or other
26 persons within Indian reservations and over civil causes of
27 action actions between Indians or other persons or to which
28 Indians or other persons are parties arising rising within
29 Indian reservations.
30 (2) The civil and criminal laws of Florida shall obtain on
31 all Indian reservations in this state and shall be enforced in
32 the same manner as elsewhere throughout the state.
33 (3) Subsections (1) and (2) do not apply to Indian
34 reservations of the Miccosukee Tribe of Indians of Florida.
35 Section 2. Subsection (3) of section 285.061, Florida
36 Statutes, is amended to read:
37 285.061 Transfer of land to United States in trust for
38 Seminole and Miccosukee Indian Tribes.—
39 (3) All the provisions of this chapter, not in conflict
40 with this section, remain in full force and effect. The state
41 reserves both civil and criminal jurisdiction over said
42 reservations, other than Indian reservations of the Miccosukee
43 Tribe of Indians of Florida, in accordance with ss. 285.16 and
44 285.165 and applicable federal law. The transfer of lands in
45 trust for the Miccosukee Tribe of Indians of Florida made
46 pursuant to the authority of this section remains subject to all
47 of the rights, easements, and reservations in favor of the South
48 Florida Water Management District provided in the transfer.
49 Section 3. For the purpose of incorporating the amendment
50 made by this act to section 285.16, Florida Statutes, in a
51 reference thereto, paragraph (c) of subsection (2) of section
52 285.18, Florida Statutes, is reenacted to read:
53 285.18 Tribal council as governing body; powers and
54 duties.—
55 (2) The governing bodies of the special improvement
56 districts shall have the duty and power:
57 (c) To employ personnel to exercise law enforcement powers,
58 including the investigation of violations of any of the criminal
59 laws of the state occurring on reservations over which the state
60 has assumed jurisdiction pursuant to s. 285.16.
61 1. All law enforcement personnel employed shall be
62 considered peace officers for all purposes and shall have the
63 authority to bear arms, make arrests, and apply for, serve, and
64 execute search warrants, arrest warrants, capias, and other
65 process of the court, and to enforce criminal and noncriminal
66 traffic offenses, within their respective special improvement
67 districts.
68 2. All law enforcement personnel shall be entitled to the
69 privileges, protection, and benefits of ss. 112.19 and 870.05.
70 Section 4. This act shall take effect upon becoming a law.