HomeMy WebLinkAboutR-02-0466J-02-422
4/25/02
RESOLUTION NO. 02— 466
A RESOLUTION OF THE MIAMI CITY COMMISSION
URGING THE FLORIDA LEGISLATURE TO ADOPT A
LEGISLATIVE AMENDMENT TO §285.16, FLORIDA
STATUTES, WHICH WILL PROVIDE FOR THE RETURN
OF JURISDICTION REGARDING APPLICABILITY OF
CIVIL AND CRIMINAL LAWS TO RESERVATIONS OF
THE MICCOSUKEE TRIBE OF INDIANS OF FLORIDA;
DIRECTING THE CITY CLERK TO TRANSMIT A COPY
OF THIS RESOLUTION TO THE DESIGNATED
OFFICIALS.
WHEREAS, in 1961, the State of Florida adopted Florida
Statute 285.16, pursuant to Pubic Law 280
(83-280)(P.L. 280)(1953) to assert its jurisdiction over the
Miccosukee Tribe of Indians of Florida without consulting the
Tribe; and
WHEREAS, the Miccosukee Tribe of Indians of Florida never
agreed to submit to P.L. 280 or to §285.16, Florida Statutes; and
WHEREAS, P.L. 280, the Federal Law which §285.16, Florida
Statutes was predicated upon has since been repealed (1968); and
The original Resolution 02-466 was replaced by substitute
Resolution 02-466 per memorandum from the City Attorney
dated May 15, 2002.
CITY CO't% MISSION
MEETING OF
APS; h ri 2042
Resolution No.
(�
V2- 466
WHEREAS, the Miccosukee Reserved Area Act was passed in
1998, P.L. No. 105-31.112 stat. 2964, which specifically made
Public Law 280 not applicable to the Miccosukee Tribe; and
WHEREAS, the Miccosukee Tribe of Indians of Florida
continues to encounter jurisdictional issues with the State of
Florida concerning the application of the since repealed
P.L. 280 on the Miccosukee Reservation, specifically those
Tribal Trust Lands which were determined by the Miccosukee
Tribal Court and Federal Court system to be exclusively Federal
jurisdiction; and
WHEREAS, such jurisdictional issues with the State of
Florida are ultimately resolved by the Federal Courts in favor
of the Tribe; and
WHEREAS, the Tribe had developed its own Court System, Law
Enforcement Program, Environmental Programs, Fish and Wildlife
Program, and other Social Services excluded by the State of
Florida; and
WHEREAS, Florida State Senators and House of
Representatives and others are in the process of introducing
proposed legislation which will clarify the non -application of
The original Resolution 02-466 was replaced by substitute Resolution 02-466
per memorandum from the City Attorney dated May 15, 2002.
Page 2 of 4 02— 466
state law related to the Miccosukee Tribal Trust Lands and
Reservation;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The Florida Legislature is urged to adopt A
legislative amendment to §285.16, Florida Statutes, which will
provide for the return of jurisdiction regarding applicability
of civil and criminal laws to reservations of the Miccosukee
Tribe of Indians of Florida.
Section 2. The City Clerk is directed to transmit a copy
of this Resolution to Governor Jeb Bush, Lieutenant Governor
Frank T. Brogan, President of the Florida Senate, Speaker of the
Florida House of Representatives, all members of the Miami -Dade
County Legislative Delegation, and the Executive Director of the
Florida State Department of Indian Reservations and Affairs.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.!'
1 If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
The original Resolution 02-466 was replaced by substitute Resolution 02-466
per memorandum from the City Attorney dated ad 4May 15, 2002.
Page
02- 466
PASSED AND ADOPTED this 25th day of April , 2002.
M UEL A. DIAZ, MAY
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPRO AXO FORM A
^ CORRECTNESS
oeWNDR6 VILARELLO
CI ATTORNEY
6205:bss:MJC
The original Resolution 02-466 was replaced by substitute Resolution 02-466
per memorandum from the City Attorney dated May 15, 2002.
Page 4 of 4
02- 466
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Priscilla A.
City Clerk
FROM: Alej
City
DATE: May 15,
RE: Corrected Scrivener's Error -Resolution No. 02-466, adopted April 25, 2002
Item District 1(C)(J-02-422)
Resolution No. 02-466, adopted April 25, 2002, contains a scrivener's error because the
`Whereas' clauses contained in the Resolution do not appropriately reflect the details as they
related to the federal law effecting the Miccosukee Tribe of Indians of Florida.
The attachment, which is a substitute original resolution to replace the document you
presently possess as Resolution No. 02-466, has been revised to reflect the stated intent of the
City Commission when the item was considered.
After the correct document has been executed, please forward a copy to this Office,
Commissioner Gonzalez and Michael Diaz, Jr., Esq. at Bank of America Tower at
International Place, 100 Southeast 2nd Street, Suite 3400, Miami, FL 33131. This
memorandum may be attached to Resolution No. 02-466 so that any concern regarding the
substitution of said Resolution is clarified.
W706:BSS
Attachment
c: Commissioner Angel Gonzalez
Michael Diaz, Jr., Esq.
Jti.02-422
4f 85/02
RESOLUTION NO. 02— 466
RESOLUTION OF THE MIAMI CITY COMMISSION
GING THE FLORIDA LEGISLATURE TO ADOPT
FL IDA SENATE BILL 2248 WHICH WILL PROVIDE
FOR THE RETURN OF JURISDICTION REGARDIN
APPLI BILITY OF CIVIL AND CRIMINAL LAWS/,TO
RESERVA IONS OF THE MICCOSUKEE TRIB OF
INDIANS F FLORIDA PURSUANT TO FEDE LAW
(P.L. 280, 1953); DIRECTING THE CIT CLERK
TO TRANSMIT COPY OF THIS RESOLUTI N TO THE
DESIGNATED 0 ICIALS.
WHEREAS, in 1961, the State Florida adopted Florida
Statute 285.16 to assert its sdiction over the Miccosukee
Tribe of Indians of Florida wi out consulting the Tribe; and
WHEREAS, the Tribe ha developed its own Court System, Law
Enforcement Program, Er ironmental Prog ms, Fish and Wildlife
Program, and other ,'-�ocial Services exclu d by the State of
r'
Florida; and
i
WHEREAS, he Tribe sued the State of Flori to have the
jurisdicti al issue of the Tribe determined as it relates to
service of process and the Federal Court resolved the 'ssue in
r
r
favgr of the Tribe; and
CITY COISSION
MEETING 6F
APP 7, 5 2002
Resolution Nyco.
4 9
f.
\Senate
State Senator Rudy Garcia is in the process of:
introducing Bill which will clarify the application/of
the Miccosukee Tribal Trust Land as determir�d by
%
NOW, THEREFOR`,, BE IT RESOLVED BY THE COMMI/$SIGN OF THE
CITY OF MIAMI, FLORID:
Section 1. The F\wh
da Legislature is urged to adopt
Florida Senate Bill 2248ch will pro ide for the return of
jurisdiction regarding applicab'lity o civil and criminal laws
to reservations of the Miccosukee T ibe of Indians of Florida,
pursuant to Federal Law (P.L. 280)
Section 2. The City/ Clerk is d%rected to transmit a
copy of this Resolution to Governor Bush, Lieutenant
Governor Frank T. Brogan, President of thN\ Florida Senate
John M. McKay, Speaker of the Florida House of representatives
Tom Feeney, all embers of the Miami -Dade County Legislative
Delegation, and to the Executive Director of the Flo da State
Department of/Indian Reservations and Affairs.
Page 2 of 3 02- 466
Section 3. This Resolution shall become effect
immedi tely upon its adoption and signature of the Mayor.l1�
PASSED�AND ADOPTED this 25th day of April f , 2002.
A. DIAZ,
ATTEST: \
�Q -
PRISCILLA A. THWS N /
CITY CLERK
APPROVED A40TO/FORM AN�RRECTNESS
6205 : tr :bss :)4JC
1� If the Mayor does not sign this Resolution, itall become
i effective at the end of ten calendar days from the to it was
passed and adopted. If the Mayor vetoes this Reso tion, it
/ shall become effective immediately upon override of the\,,veto by
the City Commission.
Page 3 of 3 02— Wt
session ->Bills: Online Sunshi
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amoluonOnline �iatutes & Lobb s1
Sunshine Welcome jMCommitlees Legisle�ois Inf{soler Coastilulioa Informolioa
Bills Calendars Journals Citator Search Appropriations Redistricting
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Q A Guide to the Format of This Page
lump To: Bill Text(2) Amendments(1) Staff Analysis(2) Vote History(0) Citations
Senate 2248: Relal
to
S2248 GENERAL BILL/CS by Criminal Jus lice; Garcia (Similar IST ENG/H 1771)
Indian Reservations; provides for ret cession of jurisdiction; provides
exception for reservations of Miccosukee Tribe of Indians of Florida re
applicability of civil & criminal laws of state to Indians within such
reservations. Amends 285.16. EFFECTIVE DATE: Upon becoming law.
01/22/02 SENATE Filed
02/19/02 SENATE Introduced, referred to Criminal Justice; Judiciary;
Comprehensive Planning, Local and Military Affairs -SJ 00269
02/27/02 SENATE On Committee agenda-- Criminal Justice, 03/04/02, 3:15 pm,
37-S
03/04/02 SENATE CS by Criminal Justice; YEAS 3 NAYS 2 -SJ 00435; CS read
first time on 03/06/02 -SJ 00448
03/05/02 SENATE Now in Judiciary -SJ 00435
03/07/02 SENATE On Committee agenda-- Judiciary, 03/12/02/, 11:15 am, 412-K
03/12/02 SENATE Favorable with 1 amendment(s) by Judiciary; YEAS 9 NAYS 2
-SJ 00510
03/13/02 SENATE Now in Comprehensive Planning, Local and Military Affairs
-SJ 00510
03/21/02 SENATE Withdrawn from Comprehensive Planning, Local and Military
Affairs -SJ 01418; Placed on Calendar, on second reading
03/22/02 SENATE Died on Calendar
Bill Text: (Top)
Bill Name Date Posted Available Formats
S2248 02/06/2002 4 Web Page 4 PDF
S 2248C1 03/07/2002 4 Web Page 4 PDF
Committee Amendments and Filed Floor Amendments: (Too)
S 2248:
Amendment ID Date Posted Available Formats
S 2248C1:
Amendment ID Date Posted Available Formats
603896 03/14/2002 4 Web Page i PDF
Staff Analysis: (Tom)
Analysis ID Reference Available Formats
s2248 Criminal Justice 4 PDF
s2248 Judiciary Z PDF 02— 466
hft-H-1-f 1PQ nfm9Mntie=RilleR,QtthMenn=1 ArRT MnxIP=ViewRil. 4/16/2002
session ->Bills: Online Sunshir
Page 2 of 2
Vote History (TQp)__..
No Vote History Available
Citations: (Top) -
---------------------------------------------------------------------------
STATUTE CITATIONS: (Lop)
0285.16
CONSTITUTION CITATIONS:
NO CONSTITUTION CITATIONS FOUND FOR REQUESTED BILL.
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02- 466
httn•//www.leo.state.fl_us/Ressinn/index.cfin?Mode=Bills&SubMenu=1&BI Mode=ViewB... 4/16/2002
SENATE STAFF ANALYSIS AND ECONOMIC IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
BILL: CS/SB 2248
SPONSOR: Criminal Justice Committee and Senator Garcia
SUBJECT: Indian Reservations - Relinquishment of Criminal and Civil Jurisdiction
DATE: March 5, 2002 REVISED:
1.
2.
3.
4.
5.
6.
ANALYST
Cellon
I. Summary:
STAFF DIRECTOR
Cannon
REFERENCE
CJ
JU
CA
ACTION
Favorable/CS
The bill amends s. 285.16, F.S., to provide for retrocession of the state's assumption of
jurisdiction over criminal offenses committed by Indians within the Indian reservations of the
Miccosukee Tribe of Indians of Florida. The bill also provides for retrocession of the state's
assumption of jurisdiction over civil causes of action brought against Indians which arise within
the Miccosukee Indian reservations.
The bill becomes effective upon becoming law.
This bill substantially amends section 285.16, F.S.
II. Present Situation:
Florida has assumed criminal and limited civil jurisdiction over matters which occur on Indian
reservations within the state. Historically, Federal or tribal laws, not state laws, have applied to
tribal Indians on reservations unless Congress has granted state authority.
In 1953 Congress enacted what is commonly referred to as Public Law 280 (Public Law 83-280),
which provided in part:
The consent of the United States is hereby given to any other State not having
jurisdiction with respect to criminal offenses or civil causes of action, or with
respect to both, as provided form this Act, to assume jurisdiction at such time and
in such manner as the people of the State shall, by affirmative legislative action,
obligate and bind the State in assumption thereof. Section 7, Public Law 83-280.
02- 466
BILL: CS/SB 2248
Pursuant to the authority granted the States by Congress, in 1961 the Florida Legislature enacted
s. 285.16, F.S., which provides:
(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 are parties rising within Indian reservations.
(2) 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.
It should be noted that although Section 7 of Public Law 280 was repealed in 1968, the
acceptance of jurisdiction by Florida and other states were not affected. The Attorney General
has opined that "barring any retrocession by the Florida Legislature to the United States based on
25 U.S.C.A. s. 1323, the laws of the State of Florida govern criminal offenses committed by or
against Indians or other persons within Indian reservations, and the civil laws of the State of
Florida control on such reservations as they do elsewhere in Florida, insofar as such criminal or
civil laws do not conflict with federal law." FI.AGO 072-403, 074-77, 094-45.
Title 25 U.S. Code section 1323 states in part: "The United States is authorized to accept
retrocession by any State of all or any measure of the criminal or civil jurisdiction, or both,
pursuant to the provisions of (Public Law 280)."
Limitations on Civil Jurisdiction
Although Florida law applies, in a general sense, there are limitations as explained by the United
States Supreme Court in Bryan v. Itasca County, Minnesota, 426 U.S. 373 (1976). The Bryan
court construed section 4 of Public Law 280 as granting civil jurisdiction only over private civil
litigation in state courts, not to include general civil regulatory powers.
Page 2
An example of this limitation of powers can be found in the case of Seminole Tribe v.
Butterworth, 491 F.Supp. 1015 (S.D. Fla. 1980), aff d, 658 F.2d 310 (5`h Cir. 1981), cert.den.,
455 U.S. 1020 (1982), where the Seminole Tribe of Florida sued to enjoin the enforcement of a
state law restricting bingo operations to charitable organizations. The statute was declared to be
"civil/regulatory" in nature rather than "criminal/prohibitory," and therefore unenforceable
against the Seminole Indian Tribe. (see also Houghtaling v. Seminole Tribe of Florida, 611 So.2d
1253 (Fla. 1993). Although the state has jurisdiction over civil lawsuits between Indians and
other persons, it does not have jurisdiction in suits brought by other persons against the Tribe,
unless there has been an express waiver of tribal sovereign immunity.)
Recent Issues - Criminal Jurisdiction
In the highly publicized murder trial of N iccosukee Tribe member Kirk Billie last year, several
issues and tensions were brought to the forefront of public discussion. The State Attorney's
Office in Dade County prosecuted the case wherein Kirk Billie was found guilty of second
degree -murder and subsequently sentenced to life in prison for the drowning death of his two
young children.
02-- 466
BILL: CS/SB 2248
The Miccosukee Tribe objected to the state's prosecution of the case. According to news
accounts of the trial, tribal leader Billie Cypress wrote to prosecutors: "The tribal members
believe they have handled the issues, Indian to Indian. The Indian community is different from
other communities, they deal with matters in a different way." It is reported that Kirk Billie had
apologized for the death of the children and had been forgiven by tribal leaders.
Although the state had jurisdiction over the criminal matter, as the State has jurisdiction over
reservation Indians for crimes committed off -reservation, both the prosecution and the defense
were thwarted in their efforts to subpoena witnesses for the trial. In the Southern District Court
of Florida, a judge ruled that the State and the defense subpoenas could not be enforced because
the State had no jurisdiction within the Miccosukee Reserved Area to serve and enforce
compulsory process within the MRA. (Miccosukee Tribe v. United States, Case No. 00-3453-
CIV-HUCK, Order on Plaintiffs Emergency Motion for Preliminary Injunction, for Protective
Order, and to Quash Subpoenas, December 15, 2000).
Since the riling by the Court in the above -referenced Billie case, the U.S. Supreme Court has
issued an opinion which indicates that "tribal authority to regulate state officers in executing
process related to the violation, off reservation, of state laws is not essential to tribal self-
government or internal relations — to the right to make laws and be ruled by them." Nevada v.
Hicks, 121 S.Ct. 2304 (U.S. 2001). The Court further explained that "nothing in the federal
statutory scheme prescribes, or even remotely suggests, that state officers cannot enter a
reservation ... to investigate or prosecute violations of state law occurring off the reservation."
Id. at 2313.
The Miccosukee Reserved Area
The Miccosukee Tribe of Indians of Florida has resided within the Everglades National Park
pursuant to a Special Use Permit issued by the National Park Service. In 1998, Congress enacted
the Miccosukee Reserved Area Act which provided that the Tribe could live on the Park land
permanently. Public Law No. 105-31, 112 Stat. 2964 (1998). The Miccosukee Reserved Area
Act provides that the Miccosukee Reserved Area is to be considered Indian country and be
treated as a federally recognized Indian reservation. Section 5 of the Act states that Public Law
280 shall not apply to the Miccosukee Reserved Area.
An Indian tribe may regulate the activities of its members within its territory, but a tribe lacks
criminal jurisdiction over non-members on its territory. (see Montana v. U.S., 450 U.S. 544
(1981); Oliphant v. Suquamish Tribe, 435 U.S. 191 (1978). The Indian Major Crimes Act
designates certain crimes for exclusive federal jurisdiction in those cases where an Indian
commits a crime against the property or person of another Indian or non -Indian. Title 18 U.S. C.
1153.
111. Effect of Proposed Changes:
The bill relinquishes state criminal and civil jurisdiction within the Indian reservations of the
Miccosukee Tribe of Florida in actions wherein Indians are defendants.
Once the state relinquishes jurisdiction, absent a change in federal law or the agreement of the
Tribe, the jurisdiction cannot be reestablished
Page 3
02- 466
BILL: CS/SB 2248
The primary effect of the bill would be to give the federal or tribal legal systems jurisdiction over
all matters within the confines of the reservation.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
V. Economic Impact and Fiscal Note:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
It appears that any person who is a crime victim on reservation lands would look to the
federal courts for prosecution of the case. Those crimes or acts over which the federal
courts do not have jurisdiction would be governed by tribal law. The same principal
would apply in civil matters.
C. Government Sector Impact:
It is unclear what, if any, government sector impact this bill would have.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Amendments:
None.
This Senate staff analysis does not reflect the intent or official position of the bill's sponsor or the Florida Senate.
Page 4
02 466
SENATE STAFF ANALYSIS AND ECONOMIC IMPACT STATEMENT
BILL:
SPONSOR:
SUBJECT:
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
CS/SB 2248
Criminal Justice Committee and Senator Garcia
Indian Reservations - Relinquishment of Criminal and Civil Jurisdiction
DATE: March 9, 2002 REVISED: 03/12/02
1.
2.
3.
4.
5.
6.
ANALYST
Cellon
Forgas
Summary:
STAFF DIRECTOR
Cannon
Johnson
REFERENCE
CJ
JU
CA
ACTION
Favorable/CS
Fav/1 amendment
The bill amends s. 285.16, F.S., to provide for retrocession of the state's assumption of
jurisdiction over criminal offenses committed by Indians within the Indian reservations of the
Miccosukee Tribe of Indians of Florida. The bill also provides for retrocession of the state's
assumption of jurisdiction over civil causes of action brought against Indians which arise within
the Miccosukee Indian reservations.
The bill becomes effective upon becoming law.
This bill substantially amends section 285.16, F.S.
Present Situation:
Florida has assumed criminal and limited civil jurisdiction over matters which occur on Indian
reservations within the state. Historically, Federal or tribal laws, not state laws, have applied to
tribal Indians on reservations unless Congress has granted state authority.
In 1953 Congress enacted what is commonly referred to as Public Law 280 (Public Law 83-280),
which provided in part:
The consent of the United States is hereby given to any other State not having
jurisdiction with respect to criminal offenses or civil causes of action, or with
respect to both, as provided for in this Act, to assume jurisdiction at such time and
in such manner as the people of the State shall, by affirmative legislative action,
obligate and bind the State in assumption thereof. Section 7, Public Law 83-280.
BILL: CS/SB 2248
Pursuant to the authority granted the States by Congress, in 1961 the Florida Legislature enacted
s. 285.16, F.S., which provides:
(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 are parties rising within Indian reservations.
(2) 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.
It should be noted that although Section 7 of Public Law 280 was repealed in 1968, the
acceptance of jurisdiction by Florida and other states were not affected. The Attorney General
has opined that "barring any retrocession by the Florida Legislature to the United States based on
25 U.S.C.A. s. 1323, the laws of the State of Florida govern criminal offenses committed by or
against Indians or other persons within Indian reservations, and the civil laws of the State of
Florida control on such reservations as they do elsewhere in Florida, insofar as such criminal or
civil laws do not conflict with federal law." F1.AGO 072-403, 074-77, 094-45.
Title 25 U.S. Code section 1323 states in part: "The United States is authorized to accept
retrocession by any State of all or any measure of the criminal or civil jurisdiction, or both,
pursuant to the provisions of (Public Law 280)."
Limitations on Civil Jurisdiction
Although Florida law applies, in a general sense, there are limitations as explained by the United
States Supreme Court in Bryan v. Itasca County, Minnesota, 426 U.S. 373 (1976). The Bryan
court construed section 4 of Public Law 280 as granting civil jurisdiction only over private civil
litigation in state courts, not to include general civil regulatory powers.
Page 2
An example of this limitation of powers can be found in the case of Seminole Tribe v.
Butterworth, 491 F.Supp. 1015 (S.D. Fla. 1980), aff d, 658 F.2d 310 (51h Cir. 1981), cert.den.,
455 U.S. 1020 (1982), where the Seminole Tribe of Florida sued to enjoin the enforcement of a
state law restricting bingo operations to charitable organizations. The statute was declared to be
"civil/regulatory" in nature rather than "criminal/prohibitory," and therefore unenforceable
against the Seminole Indian Tribe. (see also Houghtaling v. Seminole Tribe of Florida, 611 So.2d
1253 (Fla. 1993). Although the state has jurisdiction over civil lawsuits between Indians and
other persons, it does not have jurisdiction in suits brought by other persons against the Tribe,
unless there has been an express waiver of tribal sovereign immunity.)
Recent Issues - Criminal Jurisdiction
In the highly publicized murder trial of N iccosukee Tribe member Kirk Billie last year, several
issues and tensions were brought to the forefront of public discussion. The State Attorney's
Office in Dade County prosecuted the case wherein Kirk Billie was found guilty of second
degree murder and subsequently sentenced to life in prison for the drowning death of his two
young children.
02- 6�
BILL: CS/SB 2248 Page 3
The Miccosukee Tribe objected to the state's prosecution of the case. According to news
accounts of the trial, tribal leader Billie Cypress wrote to prosecutors: "The tribal members
believe they have handled the issues, Indian to Indian. The Indian community is different from
other communities, they deal with matters in a different way." It is reported that Kirk Billie had
apologized for the death of the children and had been forgiven by tribal leaders.
Although the state had jurisdiction over the criminal matter, as the State has jurisdiction over
reservation Indians for crimes committed off -reservation, both the prosecution and the defense
were thwarted in their efforts to subpoena witnesses for the trial. In the Southern District Court
of Florida, a judge ruled that the State and the defense subpoenas could not be enforced because
the State had no jurisdiction within the Miccosukee Reserved Area to serve and enforce
compulsory process within the Miccosukee Reserved Area. (Miccosukee Tribe v. United States,
Case No. 00-3453-CIV-HUCK, Order on Plaintiff's Emergency Motion for Preliminary
Injunction, for Protective Order, and to Quash Subpoenas, December 15, 2000).
Since the ruling by the Court in the above -referenced Billie case, the U.S. Supreme Court has
issued an opinion which indicates that "tribal authority to regulate state officers in executing
process related to the violation, off reservation, of state laws is not essential to tribal self-
government or internal relations — to the right to make laws and be ruled by them." Nevada v.
Hicks, 121 S.Ct. 2304 (U.S. 2001). The Court further explained that `nothing in the federal
statutory scheme prescribes, or even remotely suggests, that state officers cannot enter a
reservation... to investigate or prosecute violations of state law occurring off the reservation."
Id. at 2313.
The Miccosukee Reserved Area
The Miccosukee Tribe of Indians of Florida has resided within the Everglades National Park
pursuant to a Special Use Permit issued by the National Park Service. In 1998, Congress enacted
the Miccosukee Reserved Area Act which provided that the Tribe could live on the Park land
permanently. Public Law No. 105-31, 112 Stat. 2964 (1998). The Miccosukee Reserved Area
Act provides that the Miccosukee Reserved Area is to be considered Indian country and be
treated as a federally recognized Indian reservation. Section 5 of the Act states that Public Law
280 shall not apply to the Miccosukee Reserved Area.
An Indian tribe may regulate the activities of its members within its territory, but a tube lacks
criminal jurisdiction over non-members on its territory. (see Montana v. U.S., 450 U.S. 544
(1981); Oliphant v. Suquamish Tribe, 435 U.S. 191 (1978). The Indian Major Crimes Act
designates certain crimes for exclusive federal jurisdiction in those cases where an Indian
commits a crime against the property or person of another Indian or non -Indian. Title 18 U.S. C.
1153.
111. Effect of Proposed Changes:
The bill relinquishes state criminal and civil jurisdiction within the Indian reservations of the
Miccosukee Tribe of Florida in actions wherein Indians are defendants.
Once the state relinquishes jurisdiction, absent a change in federal law or the agreement of the
Tribe, the jurisdiction cannot be reestablished
02-- 466
BILL: CS/SB 2248
The primary effect of the bill would be to give the federal or tribal legal systems jurisdiction over
all matters within the confines of the reservation.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
V. Economic Impact and Fiscal Note:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
It appears that any person who is a crime victim on reservation lands would look to the
federal courts for prosecution of the case. Those crimes or acts over which the federal
courts do not have jurisdiction would be governed by tubal law. The same principal
would apply in civil matters.
C. Government Sector Impact:
It is unclear what, if any, government sector impact this bill would have.
VI. Technical Deficiencies:
None.
VII. Related Issues:
The bill does not define the term "Indians." Section 285.08 (2), F.S., does define that term to
mean one or more members of a tribe, which means, pursuant to s. 285.08 (1), F.S. the Seminole
Tribe in the state composed of bands of Indians known and referred to as Miccosukee and
Muskogee or Cow Creek. However, these definitions only apply to ss. 285.09-285.13, F.S. The
bill creates s. 285.16, F.S., so the aforementioned definitions may not apply to the bill.
Accordingly, the bill could result in the state relinquishing jurisdiction of civil and criminal
matters involving any Indian from any state or country, not just Miccosukee Indians who live on
Miccosukee Indian Reservations.
Page 4
02- 466
BILL: CS/SB 2248 Page 5
VIII. Amendments:
#1 by Judiciary:
Revises the bill by: (1) deleting the provision that relinquishes the state's jurisdiction over civil
causes of action; and (2) limiting the state's relinquishment of jurisdiction over criminal cases to
only those criminal offenses committed by an enrolled member of the Miccosukee Tribe of
Indians of Florida, or a person eligible for such enrollment, against the person or property of a
member of, or a person eligible for membership in, the Miccosukee Tribe of Indians of Florida.
This Senate staff analysis does not reflect the intent or official position of the bill's sponsor or the Florida Senate.
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