CopyCited 16 times | Published | Supreme Court of Florida | 2008 WL 5642083
...al and ratification of such compact"). In a fewincluding a compact among the State, the Tribe, and the South Florida Water Management District regulating water use on Tribal landsthe Legislature by statute approved *609 and ratified the compact. § 285.165, Fla....
...Congress has, however, conferred on the states the authority to assume jurisdiction over crimes committed on tribal land, see Act of Aug. 15, 1953, Pub.L. No. 280 § 6, 67 Stat. 588, 590 (1953), and Florida has assumed such jurisdiction. See ch. 61-252, §§ 1-2, at 452-53, Laws of Fla. (codified at § 285.16, Fla. *614 Stat. (2007)); see also § 285.16(2), Fla....
CopyCited 13 times | Published | District Court, S.D. Florida | 1980 U.S. Dist. LEXIS 13614
...It was settled in Itasca County that Public Law 280 operated to make available state courts and rules of decision to adjudicate civil matters. It did not "confer general state civil regulatory control over Indian reservations." Id. Accordingly, by adopting Fla.Stat. § 285.16, Florida could assume no more jurisdiction than was ceded to it by Public Law 280....
CopyCited 10 times | Published | Supreme Court of Florida | 18 Fla. L. Weekly Supp. 44, 1993 Fla. LEXIS 4, 1993 WL 1333
...isdiction to resolve civil suits brought against the Seminole Tribe of Florida (Tribe) for an accident occurring on tribal property in Hillsborough County. The district court certified the following question as being of great public importance: DOES SECTION 285.16, FLORIDA STATUTES (1989), PROVIDE FLORIDA COURTS WITH JURISDICTION TO RESOLVE CIVIL SUITS BROUGHT AGAINST THE SEMINOLE TRIBE? Id....
...eople of the State shall, by affirmative legislative action, obligate and bind the State to assumption thereof. Pub.L. 83-280, ch. 505, § 7, 67 Stat. 590 (1953) (repealed 1968). [1] In accordance with this authority, the Florida Legislature enacted section 285.16, Florida Statutes (1961), which reads, in pertinent part, as follows: (1) The State of Florida hereby assumes jurisdiction over criminal offenses committed by or against Indians or other persons within Indian reservations and over civil causes of action between Indians or other persons or to which Indians or other persons are parties rising within Indian reservations. § 285.16(1), Fla. Stat. (1961). Houghtaling contends that Florida courts have subject matter jurisdiction under section 285.16, Florida Statutes (1989), to hear civil disputes arising on Seminole tribal lands, including cases brought against the Tribe itself. Houghtaling argues that section 285.16 was enacted pursuant to Congress's express waiver of sovereign immunity for Indian tribes in Public Law 83-280 and that, consequently, Florida courts have jurisdiction over civil actions against the Tribe itself....
...Casadella,
478 So.2d 470 (Fla. 4th DCA 1985), the Fourth District held that, absent the Tribe's consent, Florida courts lacked subject matter jurisdiction in a case involving a wrongful arrest by tribal police. In both cases, the court held that Public Law 83-280 and section
285.16 did not waive the Tribe's sovereign immunity....
...ion owning the Bingo Hall is a section 17 corporate entity whose corporate charter allows it to be sued. [2] Furthermore, we find that Public Law 83-280 did not waive the Seminole Tribe's sovereign immunity and that, absent such an expressed waiver, section 285.16 cannot provide jurisdiction in suits against the Tribe....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...§ 1162 allows states to obtain jurisdiction over criminal offenses committed by or against Indians on Indian reservations. Former section 7 of this act granted states the right to assume such criminal jurisdiction by legislative enactment. See 67 Stat. 590 (1953). Florida assumed this jurisdiction by enacting section 285.16, Florida Statutes (1961)....
...Accordingly, we vacate the trial court's order and reinstate the state's amended information charging Billie with the unlawful killing of a Florida panther, pursuant to section 372.671, Florida Statutes (1983). DANAHY, C.J., and HALL, J., concur. NOTES [1] Subsection 285.16 provides that: (1) The State of Florida hereby assumes jurisdiction over criminal offenses committed by or against Indians or other persons within Indian reservations and over civil causes of actions between Indians or other persons or to which Indians or other persons or parties rising within Indian reservations....
CopyCited 6 times | Published | Court of Appeals for the Eleventh Circuit | 1983 U.S. App. LEXIS 30933
...740 ,
58 L.Ed.2d 740 (1979); 18 U.S.C. Section 1152 . In 1953 Congress did allow states which so chose to assume civil and criminal jurisdiction over Indians within their borders. Public Law 280, Act of August 15, 1953, 67 Stat. 590 . 1 Florida assumed this jurisdiction. Fla.Stat. Section
285.16 (1961)....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1991 Fla. App. LEXIS 12113, 1991 WL 259751
...United States" was given for those states to enact similar provisions. When, in 1968, Public Law 280 was repealed by Congress, the repeal provision specifically excluded those states that had assumed civil jurisdiction. Florida had done so in 1961. § 285.16, Fla....
...App.3d 853, 171 Cal. Rptr. 733, cert. denied,
454 U.S. 831,
102 S.Ct. 129,
70 L.Ed.2d 109 (1981). At least one Florida court has taken this same position. Seminole Police Dept. v. Casadella . We are persuaded that the Tribe's analysis that Public Law 280 and section
285.16, Florida Statutes (1989), did not confer civil jurisdiction over Indian tribes is correct. However, we do agree that this case presents an issue of great public importance and so certify to the Florida Supreme Court the following question: DOES SECTION
285.16, FLORIDA STATUTES (1989), PROVIDE FLORIDA COURTS WITH JURISDICTION TO RESOLVE CIVIL SUITS BROUGHT AGAINST THE SEMINOLE TRIBE? The petition for writ of certiorari is granted, the order of the circuit court denying the Tribe's motion to...
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 2012 WL 2478232, 2012 U.S. App. LEXIS 13397
...§ 1161, read in concert with the Supreme
Court’s decision in Rehner, establishes that Congress has subjected the tribes to
private tort actions, at least those arising out of the violation of state liquor laws.5
5
Furry also refers once to Fla. Stat. § 285.16(2), which provides: “The civil and criminal
laws of Florida shall obtain on all Indian reservations in this state and shall be enforced in the
same manner as elsewhere throughout the state.” But this statute cannot factor into the analy...
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1991 WL 193328
...ing law on the Indian reservation. Pursuant to Public Law 280 (18 U.S.C.A. Section 1162), Florida asserted jurisdiction over criminal offenses committed on the Indian reservations and over civil causes of actions arising within the reservation under section 285.16, Florida Statutes (1961)....
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
authority, the Florida Legislature enacted section
285.16, Florida Statutes, which provides: (1) The
CopyAgo (Fla. Att'y Gen. 1977).
Published | Florida Attorney General Reports
reservations. See also s.
285.061(4), F. S. Section
285.16 provides as follows: (1) The state of
CopyAgo (Fla. Att'y Gen. 1979).
Published | Florida Attorney General Reports
supervision, not to exceed a term of 15 years. Section
285.16, F. S., provides in pertinent part that the
