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