Florida Senate - 2008 (Reformatted) SB 150

By Senator Wilson

33-00077-08 2008150__

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A bill to be entitled

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An act relating to reservations of the Miccosukee Tribe of

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Indians of Florida; amending s. 285.16, F.S.; specifying

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that the state's jurisdiction over criminal offenses

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committed within Indian reservations and over civil causes

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of action arising on reservations between Indians or other

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persons or to which Indians or other persons are parties

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does not apply to Indian reservations of the Miccosukee

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Tribe of Indians of Florida; reenacting s. 285.061(3),

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F.S., relating to transfer of land to United States in

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trust for the Seminole and Miccosukee Indian Tribes, and

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s. 285.18(2)(c), F.S., relating to tribal councils, to

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incorporate the amendment to s. 285.16, F.S., in

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references thereto; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 285.16, Florida Statutes, is amended to

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read:

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     285.16 Civil and criminal jurisdiction on; Indian

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reservations; exception reservation.--

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     (1)  The State of Florida hereby assumes jurisdiction over

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criminal offenses committed by or against Indians or other

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persons within Indian reservations and over civil causes of

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action actions between Indians or other persons or to which

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Indians or other persons are parties arising rising within Indian

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reservations.

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     (2)  The civil and criminal laws of Florida shall obtain on

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all Indian reservations in this state and shall be enforced in

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the same manner as elsewhere throughout the state.

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     (3) Subsections (1) and (2) do not apply to Indian

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reservations of the Miccosukee Tribe of Indians of Florida.

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     Section 2.  For the purpose of incorporating the amendment

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made by this act to section 285.16, Florida Statutes, in a

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reference thereto, subsection (3) of section 285.061, Florida

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Statutes, is reenacted to read:

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     285.061  Transfer of land to United States in trust for

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Seminole and Miccosukee Indian Tribes.--

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     (3)  All the provisions of this chapter, not in conflict

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with this section, remain in full force and effect. The state

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reserves both civil and criminal jurisdiction over said

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reservations in accordance with ss. 285.16 and 285.165 and

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applicable federal law. The transfer of lands in trust for the

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Miccosukee Tribe of Indians of Florida made pursuant to the

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authority of this section remains subject to all of the rights,

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easements, and reservations in favor of the South Florida Water

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Management District provided in the transfer.

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     Section 3.  For the purpose of incorporating the amendment

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made by this act to section 285.16, Florida Statutes, in a

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reference thereto, paragraph (c) of subsection (2) of section

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285.18, Florida Statutes, is reenacted to read:

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     285.18  Tribal council as governing body; powers and

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duties.--

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     (2)  The governing bodies of the special improvement

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districts shall have the duty and power:

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     (c)  To employ personnel to exercise law enforcement powers,

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including the investigation of violations of any of the criminal

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laws of the state occurring on reservations over which the state

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has assumed jurisdiction pursuant to s. 285.16.

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     1.  All law enforcement personnel employed shall be

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considered peace officers for all purposes and shall have the

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authority to bear arms, make arrests, and apply for, serve, and

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execute search warrants, arrest warrants, capias, and other

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process of the court, and to enforce criminal and noncriminal

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traffic offenses, within their respective special improvement

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districts.

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     2.  All law enforcement personnel shall be entitled to the

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privileges, protection, and benefits of ss. 112.19 and 870.05.

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     Section 4.  This act shall take effect upon becoming a law.

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