Senate Bill sb1580

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    Florida Senate - 2005                                  SB 1580

    By Senator Wilson





    33-1052-05                                          See HB 593

  1                      A bill to be entitled

  2         An act relating to reservations of the

  3         Miccosukee Tribe of Indians of Florida;

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

  5         state's jurisdiction over criminal offenses

  6         committed within Indian reservations and over

  7         civil causes of action arising on reservations

  8         between Indians or other persons or to which

  9         Indians or other persons are parties does not

10         apply to Indian reservations of the Miccosukee

11         Tribe of Indians of Florida; reenacting s.

12         285.061(3), F.S., relating to transfer of land

13         to United States in trust for the Seminole and

14         Miccosukee Indian Tribes, and s. 285.18(2)(c),

15         F.S., relating to tribal councils, to

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

17         in references thereto; providing an effective

18         date.

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

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22         Section 1.  Section 285.16, Florida Statutes, is

23  amended to read:

24         285.16  Civil and criminal jurisdiction on; Indian

25  reservations; exception reservation.--

26         (1)  The State of Florida hereby assumes jurisdiction

27  over criminal offenses committed by or against Indians or

28  other persons within Indian reservations and over civil causes

29  of actions between Indians or other persons or to which

30  Indians or other persons are parties rising within Indian

31  reservations.

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    Florida Senate - 2005                                  SB 1580
    33-1052-05                                          See HB 593




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

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

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

 4         (3)  Subsections (1) and (2) do not apply to Indian

 5  reservations of the Miccosukee Tribe of Indians of Florida.

 6         Section 2.  For the purpose of incorporating the

 7  amendment to section 285.16, Florida Statutes, in a reference

 8  thereto, subsection (3) of section 285.061, Florida Statutes,

 9  is reenacted to read:

10         285.061  Transfer of land to United States in trust for

11  Seminole and Miccosukee Indian Tribes.--

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

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

14  The state reserves both civil and criminal jurisdiction over

15  said reservations in accordance with ss. 285.16 and 285.165

16  and applicable federal law. The transfer of lands in trust for

17  the Miccosukee Tribe of Indians of Florida made pursuant to

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

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

20  Florida Water Management District provided in the transfer.

21         Section 3.  For the purpose of incorporating the

22  amendment to section 285.16, Florida Statutes, in a reference

23  thereto, paragraph (c) of subsection (2) of section 285.18,

24  Florida Statutes, is reenacted to read:

25         285.18  Tribal council as governing body; powers and

26  duties.--

27         (2)  The governing bodies of the special improvement

28  districts shall have the duty and power:

29         (c)  To employ personnel to exercise law enforcement

30  powers, including the investigation of violations of any of

31  the criminal laws of the state occurring on reservations over

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    Florida Senate - 2005                                  SB 1580
    33-1052-05                                          See HB 593




 1  which the state has assumed jurisdiction pursuant to s.

 2  285.16.

 3         1.  All law enforcement personnel employed shall be

 4  considered peace officers for all purposes and shall have the

 5  authority to bear arms, make arrests, and apply for, serve,

 6  and execute search warrants, arrest warrants, capias, and

 7  other process of the court, and to enforce criminal and

 8  noncriminal traffic offenses, within their respective special

 9  improvement districts.

10         2.  All law enforcement personnel shall be entitled to

11  the privileges, protection, and benefits of ss. 112.19 and

12  870.05.

13         Section 4.  This act shall take effect upon becoming a

14  law.

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