Senate Bill sb0316

    Florida Senate - 2003                                   SB 316

    By Senator Smith





    14-174A-03

  1                      A bill to be entitled

  2         An act relating to Indian reservations;

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

  4         state to retrocede jurisdiction over capital

  5         felonies, life felonies, and other criminal

  6         offenses committed by an enrolled member of the

  7         Miccosukee Tribe of Indians of Florida, or

  8         person eligible for enrollment, which occur

  9         within a reservation of that tribe; providing

10         that the retrocession of jurisdiction requires

11         consent of the United States Secretary of the

12         Interior; providing an effective date.

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

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16         Section 1.  Section 285.16, Florida Statutes, is

17  amended to read:

18         285.16  Civil and criminal jurisdiction; Indian

19  reservation; exception.--

20         (1)  The State of Florida hereby assumes jurisdiction

21  over criminal offenses committed by or against Indians or

22  other persons within Indian reservations and over civil causes

23  of actions between Indians or other persons or to which

24  Indians or other persons are parties rising within Indian

25  reservations.

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

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

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

29         (3)  Upon the consent of the United States Secretary of

30  the Interior to this retrocession of jurisdiction, subsections

31  (1) and (2) of this section shall not apply to any capital

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    Florida Senate - 2003                                   SB 316
    14-174A-03




 1  felony, life felony, or criminal offense committed by an

 2  enrolled member of the Miccosukee Tribe of Indians of Florida,

 3  or a person eligible for such enrollment, against the person

 4  or property of another member or eligible person of that tribe

 5  and which occurs within a reservation of the Miccosukee Tribe

 6  of Indians of Florida.

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

 8  law.

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11                          SENATE SUMMARY

12    Provides that, upon the consent of the United States
      Secretary of the Interior, the state retrocedes its
13    jurisdiction over capital felonies, life felonies, and
      other criminal offenses committed within a tribal
14    reservation by an enrolled member of the Miccosukee Tribe
      of Indians of Florida, or person eligible for enrollment.
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CODING: Words stricken are deletions; words underlined are additions.