Senate Bill sb1830

    Florida Senate - 2004                                  SB 1830

    By Senator Smith





    14-329-04

  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; reenacting s. 285.061(3), F.S.,

11         relating to transfer of land to United States

12         in trust for Seminole and Miccosukee Tribes, to

13         incorporate the amendment to s. 285.16, F.S.,

14         in references thereto; providing an effective

15         date.

16  

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

18  

19         Section 1.  Section 285.16, Florida Statutes, is

20  amended to read:

21         285.16  Civil and criminal jurisdiction; Indian

22  reservation; exception.--

23         (1)  The State of Florida hereby assumes jurisdiction

24  over criminal offenses committed by or against Indians or

25  other persons within Indian reservations and over civil causes

26  of actions between Indians or other persons or to which

27  Indians or other persons are parties rising within Indian

28  reservations.

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

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

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

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






    Florida Senate - 2004                                  SB 1830
    14-329-04




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

 2  apply to Indian reservations of the Miccosukee Tribe of

 3  Indians of Florida.

 4         Section 2.  For the purpose of incorporating the

 5  amendment made by this act to section 285.16, Florida

 6  Statutes, in references thereto, subsection (3) of section

 7  285.061, Florida Statutes, is reenacted to read:

 8         285.061  Transfer of land to United States in trust for

 9  Seminole and Miccosukee Indian Tribes.--

10         (3)  All the provisions of this chapter, not in

11  conflict with this section, remain in full force and effect.

12  The state reserves both civil and criminal jurisdiction over

13  said reservations in accordance with ss. 285.16 and 285.165

14  and applicable federal law.  The transfer of lands in trust

15  for the Miccosukee Tribe of Indians of Florida made pursuant

16  to the authority of this section remains subject to all of the

17  rights, easements, and reservations in favor of the South

18  Florida Water Management District provided in the transfer.

19         Section 3.  This act shall take effect upon becoming a

20  law.

21  

22            *****************************************

23                          SENATE SUMMARY

24    Provides that, within the reservations of the Miccosukee
      Tribe of Indians of Florida, the state does not have
25    jurisdiction over criminal offenses and the civil and
      criminal laws of the state are unenforceable.
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CODING: Words stricken are deletions; words underlined are additions.