Senate Bill sb2248c1

    Florida Senate - 2002                           CS for SB 2248

    By the Committee on Criminal Justice; and Senator Garcia





    307-2182-02

  1                      A bill to be entitled

  2         An act relating to Indian reservations;

  3         amending s. 285.16, F.S.; providing for

  4         retrocession of jurisdiction; providing an

  5         exception for reservations of the Miccosukee

  6         Tribe of Indians of Florida with respect to the

  7         applicability of civil and criminal laws of the

  8         state to Indians within such reservations;

  9         providing an effective date.

10

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

12

13         Section 1.  Section 285.16, Florida Statutes, is

14  amended to read:

15         285.16  Civil and criminal jurisdiction; Indian

16  reservation; exception.--

17         (1)  The State of Florida hereby assumes jurisdiction

18  over criminal offenses committed by or against Indians or

19  other persons within Indian reservations and over civil causes

20  of actions between Indians or other persons or to which

21  Indians or other persons are parties rising within Indian

22  reservations.

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

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

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

26         (3)  Upon consent of the Secretary of Interior to this

27  retrocession of jurisdiction, subsections (1) and (2) of this

28  section shall not apply to criminal charges filed against

29  Indian defendants or civil actions brought against Indians for

30  crimes or causes of action arising within the Indian

31  reservations of the Miccosukee Tribe of Indians of Florida.

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 2248
    307-2182-02




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

  2  law.

  3

  4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  5                         Senate Bill 2248

  6

  7  The Committee Substitute clarifies that the state's
    jurisdiction over Indian defendants in criminal cases and
  8  civil cases which arise on the reservations of the Miccosukee
    Tribe of Indians of Florida is relinquished by the provisions
  9  of the bill.

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  2

CODING: Words stricken are deletions; words underlined are additions.