Florida Senate - 2023                                     SB 954
       
       
        
       By Senator Osgood
       
       
       
       
       
       32-00319-23                                            2023954__
    1                        A bill to be entitled                      
    2         An act relating to state recognition of Indian tribes
    3         and bands; creating s. 285.195, F.S.; providing for
    4         state recognition of specified Indian tribes and
    5         bands; authorizing Indian tribes and bands to petition
    6         the Secretary of State for state recognition;
    7         authorizing the Secretary of State to review such
    8         petitions and make certain recommendations to the
    9         Legislature by specified dates; requiring the
   10         Secretary of State to consider certain factors when
   11         making such recommendations; requiring the Secretary
   12         of State to make the first recommendations pursuant to
   13         the act by a specified date; providing an effective
   14         date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 285.195, Florida Statutes, is created to
   19  read:
   20         285.195 State recognition of Indian tribes and bands.—
   21         (1) This state recognizes the following Indian tribes and
   22  bands:
   23         (a) The Seminole Tribe of Florida.
   24         (b) The Miccosukee Tribe of Indians of Florida.
   25         (c) The Santa Rosa Band of the Lower Muscogee.
   26         (d) The Poarch Band of Creek Indians.
   27         (2)(a) Any other Indian tribe or band may petition the
   28  Secretary of State for state recognition. The Secretary of State
   29  may review those petitions and make recommendations to the
   30  Legislature concerning other Indian tribes or bands to be
   31  recognized by the state no later than October 1 of each odd
   32  numbered year.
   33         (b) The Secretary of State shall take into consideration
   34  the actions of an Indian tribe or band to preserve the culture,
   35  language, and history of the Indian tribe or band when deciding
   36  whether to recommend state recognition. These actions may be
   37  demonstrated by appropriate documentation, including, but not
   38  limited to:
   39         1. Anthropological, historical, or genealogical documents.
   40         2. Documented traditions, customs, or legends.
   41         3. Documentation of relationships with other Indian tribes
   42  or bands recognized by a state or the Federal Government,
   43  including communal interaction of spiritual, educational, and
   44  social institutions.
   45         (3) State recognition of an Indian tribe or band under this
   46  section may not be construed to create any basis or authority
   47  not otherwise provided by law for an Indian tribe or band to
   48  establish or promote any form of otherwise prohibited gaming
   49  activity or to claim any interest in land or real estate.
   50         Section 2. The Secretary of State must make the first
   51  recommendations under s. 285.195(2)(a), Florida Statutes, no
   52  later than October 1, 2025.
   53         Section 3. This act shall take effect July 1, 2023.