Senate Bill sb2248

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    Florida Senate - 2002                                  SB 2248

    By Senator Garcia





    39-1715-02

  1                      A bill to be entitled

  2         An act relating to Indian reservations;

  3         amending s. 285.16, F.S.; specifying that the

  4         state's jurisdiction over criminal offenses

  5         committed within Indian reservations does not

  6         apply to Indian reservations of the Miccosukee

  7         Tribe of Indians of Florida; providing an

  8         exception for such reservations with respect to

  9         the applicability of civil and criminal laws of

10         the state; providing an effective date.

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12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Section 285.16, Florida Statutes, is

15  amended to read:

16         285.16  Civil and criminal jurisdiction; Indian

17  reservation; exception.--

18         (1)  The State of Florida hereby assumes jurisdiction

19  over criminal offenses committed by or against Indians or

20  other persons within Indian reservations and over civil causes

21  of actions between Indians or other persons or to which

22  Indians or other persons are parties rising within Indian

23  reservations.

24         (2)  The civil and criminal laws of Florida shall

25  obtain on all Indian reservations in this state and shall be

26  enforced in the same manner as elsewhere throughout the state.

27         (3)  Subsections (1) and (2) of this section do not

28  apply to Indian reservations of the Miccosukee Tribe of

29  Indians of Florida.

30         Section 2.  This act shall take effect upon becoming a

31  law.

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    Florida Senate - 2002                                  SB 2248
    39-1715-02




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  2                          SENATE SUMMARY

  3    Provides that, within the reservations of the Miccosukee
      Tribe of Indians of Florida, the state does not have
  4    jurisdiction over criminal offenses and the civil and
      criminal laws of the state are unenforceable.
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