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. |