Florida Statutes

Fla. Stat. § 285.16 (2025)

Civil and criminal jurisdiction; Indian reservation.

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285.16 Civil and criminal jurisdiction; Indian reservation.—

(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.

History.—ss. 1, 2, ch. 61-252.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1980–2026 · leading case: Houghtaling v. Seminole Tribe of Florida, 611 So. 2d 1235 (Fla. 1993).

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Houghtaling v. Seminole Tribe of Florida, 611 So. 2d 1235 (Fla. 1993). · cites it 9× “[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…”

Florida House of Representatives v. Crist, 999 So. 2d 601 (Fla. 2008). · cites it 3× “(codified at § 285.16, Fla. *614 Stat. (2007)); see also § 285.”

Seminole Tribe of Florida v. Houghtaling, 589 So. 2d 1030 (Fla. 2d DCA 1991). · cites it 4× “§ 285.16, Fla. Stat. (1989). The Florida statute reads 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 actions between Indians or other…”

State v. Billie, 497 So. 2d 889 (Fla. 2d DCA 1986). · cites it 3× “Florida assumed this jurisdiction by enacting section 285.16, Florida Statutes (1961). [1] Although section 7 of 18 U.”

Seminole Tribe of Florida v. Butterworth, 491 F. Supp. 1015 (S.D. Fla. 1980). “Many regulate by prohibiting certain conduct. However, in view of the Congressional policy enunciated in Public Law 280, the court must resolve a close question in favor of Indian sovereignty- “[N]othing in its legislative history remotely suggests that Congress meant the Act’s…”

Florida House of Representatives v. Crist, 990 So. 2d 1035 (Fla. 2008). · cites it 4× “(codified at § 285.16, Fla. Stat. (2007)); see also § 285.”

Hall v. State, 762 So. 2d 936 (Fla. 2d DCA 2000). · cites it 3× “” § 285.16, Fla. Stat. (1995). Furthermore, “Indian country” has been defined in 18 U.”

Matias Sergio Quiroga v. State of Florida (Fla. 3d DCA 2026). · cites it 8× “ble confession of error by the State: The State concedes that there were two independent defects – each individually sufficient to negate jurisdiction which combine to render the prosecution void: (1) prosecution under a municipal ordinance for conduct occurring on Indian land…”

Rusin v. State, 49 Fla. Supp. 2d 33 (Fla. Cir. Ct. 1991). · cites it 9× “On December 20, 1989, the lower court denied Appellant’s motion to dismiss for lack of jurisdiction on the grounds that the State of Florida assumed jurisdiction pursuant to F.S. 285.16. 1 The Appellant then entered into a nolo contendere plea expressly reserving the right to…”

Serian v. State, 588 So. 2d 251 (Fla. 4th DCA 1991). · cites it 2× “He pled nolo contendere to the charges, reserving his right to pursue this appeal challenging the jurisdiction of the state's licensing law on the Indian reservation. Pursuant to Public Law 280 ( 18 U.S.”

State v. Billie, 17 Fla. Supp. 2d 68 (Fla. Cir. Ct. 1985). · cites it 3× “(Florida assumed such jurisdiction pursuant to the option in 1961 pursuant to F. S. 285.16). The interpretation of the *72 degree, extent and explicit application of these states’ laws has caused confusion, not to mention that such mandatory authority was amended in the criminal…”

— 285.16(1) — 1 case

Houghtaling v. Seminole Tribe of Florida, 611 So. 2d 1235 (Fla. 1993). “[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…”

— 285.16(2) — 2 cases

Florida House of Representatives v. Crist, 999 So. 2d 601 (Fla. 2008). “(codified at § 285.16, Fla. *614 Stat. (2007)); see also § 285.”

Florida House of Representatives v. Crist, 990 So. 2d 1035 (Fla. 2008). “(codified at § 285.16, Fla. Stat. (2007)); see also § 285.”

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