The Florida Senate

285.19  Creek Indian Council.--

(1)  It is the purpose of this section to create a Creek Indian Council which, as a political subdivision of the state, will enable the Creek Indians and their descendants residing within the state to enjoy the full benefits of state, local, and federal programs for the economic, cultural, and social advancement of the Creek Indian.

(2)  There is created the Creek Indian Council, a political subdivision of the state.

(a)  The council shall be composed of 15 members who shall be appointed by the Governor from lists of nominees provided by the council. The council shall nominate at least three persons for each council member appointment. Three members must reside in Escambia County and must be Creek Indians. One member must reside in Santa Rosa County; one member must reside in Okaloosa County; one member must reside in Walton or Calhoun County; one member must reside in Bay County; one member must reside in Gulf, Washington, or Holmes County; one member must reside in Leon or Jackson County; and one member must reside in Pasco County. These seven members must be Creek Indians. Each of the remaining five members must have resided in this state for the preceding 5 years but need not be Creek Indians.

(b)  The term of office of each council member shall be 4 years. The terms of office of eight of the members shall begin with the beginning of the Governor's term of office, and the terms of office of seven members shall begin with the beginning of the Governor's third year of office. A member who is absent from three consecutive council meetings is automatically removed from office. Within 90 days after notice from the Creek Indian Council, a successor shall be appointed by the Governor to serve the remainder of the member's unexpired term.

(3)(a)  The council shall meet quarterly and shall elect annually a chair and any other officers it requires. An officer may be reelected to successive terms.

(b)  Six members constitute a quorum of the council.

(c)  Each council member shall hold office for 4 years and until the member's successor is appointed or until the member's earlier resignation, removal from office, or death.

(4)  The Creek Indian Council shall have the power to:

(a)  Employ staff for its operations and establish rules governing the employment, compensation, and discharge of personnel.

(b)  Adopt a seal.

(c)  Sue or be sued.

(d)  Apply for and accept gifts, grants, and donations of federal, state, private, and local funds.

(e)  Acquire, lease, maintain, or sell real or personal property.

(f)  Issue revenue certificates which bonds may be issued in its own name; however, such bonds shall not constitute any fiscal obligation upon the state, a county, or a municipality.

(g)  Engage in other activities in promotion of the purposes of the council not inconsistent with general law.

(5)  A board of county commissioners or a municipality may make gifts, grants, or loans to the council.

(6)  Nothing in this section shall be construed to grant the Creek Indian Council authority to engage in the tax-exempt sale of cigarettes.

History.--ss. 1, 2, 3, ch. 79-421; s. 1, ch. 93-26; s. 208, ch. 95-148.