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| 1 | CHAMBER ACTION | ||
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| 6 | The Committee on Judiciary recommends the following: | ||
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| 8 | Committee Substitute | ||
| 9 | Remove the entire bill and insert: | ||
| 10 | A bill to be entitled | ||
| 11 | An act relating to civil and criminal jurisdiction over | ||
| 12 | Indian reservations; amending s. 285.16, F.S.; exempting | ||
| 13 | existing reservations of the Miccosukee Indian Tribe of | ||
| 14 | Florida from a provision of law authorizing the State of | ||
| 15 | Florida to take jurisdiction of civil and criminal matters | ||
| 16 | on Indian reservations in the state; providing that the | ||
| 17 | state shall retain jurisdiction over certain civil causes | ||
| 18 | of action; expressly retaining jurisdiction over certain | ||
| 19 | criminal offenses; providing an effective date. | ||
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| 21 | Be It Enacted by the Legislature of the State of Florida: | ||
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| 23 | Section 1. Section 285.16, Florida Statutes, is amended to | ||
| 24 | read: | ||
| 25 | 285.16 Civil and criminal jurisdiction; Indian | ||
| 26 | reservation; exception.-- | ||
| 27 | (1) The State of Florida hereby assumes jurisdiction over | ||
| 28 | criminal offenses committed by or against Indians or other | ||
| 29 | persons within Indian reservations and over civil causes of | ||
| 30 | actions between Indians or other persons or to which Indians or | ||
| 31 | other persons are parties rising within Indian reservations. | ||
| 32 | (2) The civil and criminal laws of Florida shall obtain on | ||
| 33 | all Indian reservations in this state and shall be enforced in | ||
| 34 | the same manner as elsewhere throughout the state. | ||
| 35 | (3) This section shall not apply to existing Indian | ||
| 36 | reservations of the Miccosukee Tribe of Indians of Florida, | ||
| 37 | except that the State of Florida shall retain jurisdiction over | ||
| 38 | civil causes of action which arise on said reservations and | ||
| 39 | which involve a non-Indian party. This civil cause of action | ||
| 40 | exception shall expire on July 1, 2005. The State of Florida | ||
| 41 | also expressly retains concurrent jurisdiction over criminal | ||
| 42 | offenses committed within these reservations when any victim of | ||
| 43 | the offense is a non-Indian. | ||
| 44 | Section 2. This act shall take effect upon becoming a law. | ||