HB 85

A bill to be entitled
2An act relating to reservations of the Miccosukee Tribe of
3Indians of Florida; amending s. 285.16, F.S.; specifying
4that the state's jurisdiction over criminal offenses
5committed within Indian reservations and over civil causes
6of action arising on reservations between Indians or other
7persons or to which Indians or other persons are parties
8does not apply to Indian reservations of the Miccosukee
9Tribe of Indians of Florida; amending s. 285.061, F.S.;
10conforming provisions; reenacting s. 285.18(2)(c), F.S.,
11relating to tribal councils, to incorporate the amendment
12to s. 285.16, F.S., in a reference thereto; providing an
13effective date.
15Be It Enacted by the Legislature of the State of Florida:
17     Section 1.  Section 285.16, Florida Statutes, is amended to
19     285.16  Civil and criminal jurisdiction on; Indian
20reservations; exception reservation.--
21     (1)  The State of Florida hereby assumes jurisdiction over
22criminal offenses committed by or against Indians or other
23persons within Indian reservations and over civil causes of
24action actions between Indians or other persons or to which
25Indians or other persons are parties arising rising within
26Indian reservations.
27     (2)  The civil and criminal laws of Florida shall obtain on
28all Indian reservations in this state and shall be enforced in
29the same manner as elsewhere throughout the state.
30     (3)  Subsections (1) and (2) do not apply to Indian
31reservations of the Miccosukee Tribe of Indians of Florida.
32     Section 2.  Subsection (3) of section 285.061, Florida
33Statutes, is amended to read:
34     285.061  Transfer of land to United States in trust for
35Seminole and Miccosukee Indian Tribes.--
36     (3)  All the provisions of this chapter, not in conflict
37with this section, remain in full force and effect. The state
38reserves both civil and criminal jurisdiction over said
39reservations, other than Indian reservations of the Miccosukee
40Tribe of Indians of Florida, in accordance with ss. 285.16 and
41285.165 and applicable federal law. The transfer of lands in
42trust for the Miccosukee Tribe of Indians of Florida made
43pursuant to the authority of this section remains subject to all
44of the rights, easements, and reservations in favor of the South
45Florida Water Management District provided in the transfer.
46     Section 3.  For the purpose of incorporating the amendment
47to section 285.16, Florida Statutes, made by this act in a
48reference thereto, paragraph (c) of subsection (2) of section
49285.18, Florida Statutes, is reenacted to read:
50     285.18  Tribal council as governing body; powers and
52     (2)  The governing bodies of the special improvement
53districts shall have the duty and power:
54     (c)  To employ personnel to exercise law enforcement
55powers, including the investigation of violations of any of the
56criminal laws of the state occurring on reservations over which
57the state has assumed jurisdiction pursuant to s. 285.16.
58     1.  All law enforcement personnel employed shall be
59considered peace officers for all purposes and shall have the
60authority to bear arms, make arrests, and apply for, serve, and
61execute search warrants, arrest warrants, capias, and other
62process of the court, and to enforce criminal and noncriminal
63traffic offenses, within their respective special improvement
65     2.  All law enforcement personnel shall be entitled to the
66privileges, protection, and benefits of ss. 112.19 and 870.05.
67     Section 4.  This act shall take effect upon becoming a law.

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