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Jurisdiction

Last updated February 16, 2010

Optional Public Law 280 State Jurisdiction

Under FL. Stat. Ann. 285.16, Florida assumes state civil and criminal jurisdiction under PL 280, and authorizes tribes to have their own law enforcement

Legislation

Fl. Stat. Ann. § 285.16 (Laws 1961, c. 61-252, §§ 1, 2, assuming state civil and criminal jurisdiction under Public Law 280, and authorizing tribal councils to employ personnel to exercise law enforcement powers)

25 U.S.C. § 1741 et seq., P.L. 97-399, § 7, Dec. 31, 1982, 96 Stat. 2015 (especially 1746, addressing lease of Miccosukee lands)

Case Law

Seminole Tribe v. McCor, 903 So.2d 353 (Fla. Dist. Ct. App. 2005)

 

Miccosukee Tribe of Indians v. Napoleoni, 890 So.2d 1152 (Fla. Dist. Ct. App. 2004)

 

Cupo v. Seminole Tribe of Fla., 860 So.2d 1078 (Fla. Dist, Ct. App. 2003)

 

Lewis v. Edwards, 815 So. 2d 656 (Fla. Dist. Ct. App. 2002)

 

Seminole Tribe of Florida v. Houghtaling, 589 So.2d 103 (Fla. Dist. Ct. App. 1991), aff’dsub nom. Houghtaling v. Seminole Tribe of Florida, 611 So.2d 1235 (Fla. (1993)

 

State v. Billie, 497 So.2d 889 (Fla. Dist. Ct. App. 1986)

 

Seminole Tribe of Florida v. Butterworth, 658 F.2d 310 (5th Cir. 1981)

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