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