DeSantis signs bill allowing homeowners to shoot bears

Gov. Ron DeSantis signed a controversial measure Friday that will strengthen self-defense arguments for people who kill bears on their property.

The bill (HB 87) provides a kind of stand-your-ground defense for people who shoot bears to defend themselves or their property. But because bear hunting has long been a controversial issue in Florida, opponents of the bill said it would lead to more deaths among the once-endangered animals. Opponents said they will consider legal action to try to stop the law, which is expected to take effect July 1.

The bill would require shooters to notify the Florida Fish and Wildlife Conservation Commission within 24 hours after the bears are killed. They will also be prohibited from possessing or selling bear carcasses.

There will be no legal immunity for people who provoke or lure bears.

Similar bills have been introduced in recent years but have not been passed by the legislature. This year, however, the proposal, sponsored by Rep. Jason Shoaf, R-Port St. Joe, and Sen. Corey Simon, R-Tallahassee, gained traction in September after Franklin County Sheriff AJ Smith said his rural community was “overrun and overwhelmed by the bear population .”

Shoaf and Simon represent Franklin County as part of sprawling, largely rural districts.

Animal rights activists argued that the bill will create an “open season” on bears.

“Increasing the number of killings of Florida’s iconic black bears under the guise of self-defense — without requiring proof of actual danger — poses serious risks to public safety and undermines responsible wildlife management,” said Kate MacFall, state director of Florida at the Humane Society of the United. States, according to a prepared statement.

MacFall said the bill violates regulations of the FWC, which has the constitutional authority to manage wildlife. She added that her organization “will continue to explore our options to ensure Florida’s bears are protected.”

Opponents of the bill say the state and communities should focus on securing trash so bears aren’t attracted to homes. The commission’s BearWise program outlines steps such as telling people not to feed bears, clearing out grates, making trash less accessible, removing bird feeders when bears are active and not leaving pet food outside.

Sierra Club Florida called it “a dangerous solution to an imaginary problem.”

Under current law, people are prohibited from possessing, injuring or shooting bears, but they can use non-lethal means to scare away bears that are on people’s property or rummaging through trash.

As the state’s population has grown, human-bear conflicts have increased. The commission euthanized an average of 38 bears annually between 2009 and 2018 due to public safety risks, mostly because bears foraged for unsecured trash or other food.

The Senate voted 24-12 to approve the bill, while the House approved it 83-28. Rep. Allison Tant, D-Tallahassee, said bears are threatening the livestock of farmers in her district, which includes rural Madison and Jefferson counties.

“We have bear-proof trash cans,” Tant said in March. “And you know what, after the waste is collected, the tops are often not secured anymore. So the bears come back and come back and come back.”