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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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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Section 4. This act shall take effect upon becoming a law.
CODING: Words stricken are deletions; words underlined are additions.