HB 231

1	A bill to be entitled
2	An act relating to reservations of the Miccosukee Tribe of
3	Indians of Florida; amending s. 285.16, F.S.; specifying
4	that the state's jurisdiction over criminal offenses
5	committed within Indian reservations and over civil causes
6	of action arising on reservations between Indians or other
7	persons or to which Indians or other persons are parties
8	does not apply to Indian reservations of the Miccosukee
9	Tribe of Indians of Florida; reenacting s. 285.061(3),
10	F.S., relating to transfer of land to the United States in
11	trust for the Seminole and Miccosukee Indian Tribes, and
12	s. 285.18(2)(c), F.S., relating to tribal councils, to
13	incorporate the amendment to s. 285.16, F.S., in
14	references thereto; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Section 285.16, Florida Statutes, is amended to
19	read:
20	285.16  Civil and criminal jurisdiction on; Indian
21	reservations; exception reservation.--
22	(1)  The State of Florida hereby assumes jurisdiction over
23	criminal offenses committed by or against Indians or other
24	persons within Indian reservations and over civil causes of
25	actions between Indians or other persons or to which Indians or
26	other persons are parties rising within Indian reservations.
27	(2)  The civil and criminal laws of Florida shall obtain on
28	all Indian reservations in this state and shall be enforced in
29	the same manner as elsewhere throughout the state.
30	(3)  Subsections (1) and (2) do not apply to Indian
31	reservations of the Miccosukee Tribe of Indians of Florida.
32	Section 2.  For the purpose of incorporating the amendment
33	to section 285.16, Florida Statutes, made by this act in a
34	reference thereto, subsection (3) of section 285.061, Florida
35	Statutes, is reenacted to read:
36	285.061  Transfer of land to United States in trust for
37	Seminole and Miccosukee Indian Tribes.--
38	(3)  All the provisions of this chapter, not in conflict
39	with this section, remain in full force and effect. The state
40	reserves both civil and criminal jurisdiction over said
41	reservations in accordance with ss. 285.16 and 285.165 and
42	applicable federal law. The transfer of lands in trust for the
43	Miccosukee Tribe of Indians of Florida made pursuant to the
44	authority of this section remains subject to all of the rights,
45	easements, and reservations in favor of the South Florida Water
46	Management District provided in the transfer.
47	Section 3.  For the purpose of incorporating the amendment
48	to section 285.16, Florida Statutes, made by this act in a
49	reference thereto, paragraph (c) of subsection (2) of section
50	285.18, Florida Statutes, is reenacted to read:
51	285.18  Tribal council as governing body; powers and
52	duties.--
53	(2)  The governing bodies of the special improvement
54	districts shall have the duty and power:
55	(c)  To employ personnel to exercise law enforcement
56	powers, including the investigation of violations of any of the
57	criminal laws of the state occurring on reservations over which
58	the state has assumed jurisdiction pursuant to s. 285.16.
59	1.  All law enforcement personnel employed shall be
60	considered peace officers for all purposes and shall have the
61	authority to bear arms, make arrests, and apply for, serve, and
62	execute search warrants, arrest warrants, capias, and other
63	process of the court, and to enforce criminal and noncriminal
64	traffic offenses, within their respective special improvement
65	districts.
66	2.  All law enforcement personnel shall be entitled to the
67	privileges, protection, and benefits of ss. 112.19 and 870.05.
68	Section 4.  This act shall take effect upon becoming a law.

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