DeSantis signs bill allowing people to shoot Florida bears in self defense. What to know

Samantha Neely, USA TODAY NETWORK - Florida
·5 min read
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Florida bears will soon be able to be legally shot in a controversial self-defense law that will take effect soon.

Gov. Ron DeSantis quietly signed a bill on Friday which would allow people to shoot a bear if they feel it poses a threat to themselves or their homes. A decision that has sparked debate between politicians, activists and Floridians alike.

What is HB 87?

It’s not every day you encounter a bear when you’re out for a walk … not even in Southwest Florida. John and Carol Levengood, of Fort Myers, were walking along a trail June 15 at Bird Rookery Swamp, north of Immokalee Road, when a Florida black bear crossed their path. They weren’t alone. Also on the trail were members of the Gulf Coast High School girls cross country team. “It was a rush of a lifetime,” John Levengood said. “He crossed the trail and jumped into the water and moved along.” Carol Levengood added: “It was hilarious. Three hours after the bear left, I was still nervous.”

HB 87, dubbed the "Taking of Bears" bill, seeks to provide an exemption from penalties for killing bears without permits or authorization under certain circumstances. It passed 88-29 in the Florida House on Feb. 15 while the Senate's version SB 632 passed 24-12 in the Florida Senate days later.

Described as the “Self Defense Act,” the bill's analysis says it would exempt people from any administrative, civil or criminal penalties for killing a bear if:

  • The person is believed that it was necessary to avoid imminent death or serious bodily injury to their self, another person or a pet.

  • The person did not lure the bear with food or attractants for an illegal purpose, including, but not limited to, training dogs to hunt bears.

  • The person didn’t intentionally or recklessly put their self or pet in a situation where they would need to use lethal force.

Anyone who takes a bear must notify FWC within 24 hours, who will dispose of the body. No one may possess, sell or dispose of the bear or its parts.

Has DeSantis addressed HB 87, or the 'Bear Bill,' publicly?

After signing the bill on Friday, DeSantis did not comment on the bill and has since not discussed it publicly.

What do critics, supporters of Florida's bear bill say?

Since the bill was first proposed, it drew in heavy criticism from wildlife activists, residents and even other lawmakers.

Defenders of Wildlife, a nonprofit conservation organization, voiced their concern from the start. After it was signed by DeSantis, officials for the organizations stated that the bill's language could leave room for bears to be killed without them posing any actual threat.

“The Florida Fish and Wildlife Conservation Commission is responsible for managing and conserving Florida’s wildlife. This bill sets a dangerous precedent by allowing lawmakers to give that authority to all Floridians,” said Elizabeth Fleming, senior Florida representative with Defenders of Wildlife, in a statement. “Lawmakers should fund programs to educate people about living responsibly with local wildlife to avoid conflicts in the first place. Instead, landowners have been permitted to take a dangerous, unwarranted, violent course of action.”

Towards the end of their statement, they shared that they think some residents may interpret this new law as a "permission slip to take lethal action against other wildlife."

However, some have shared their support for bill. In an interview with Politico, hunting advocate Lane Stephens said the bill would allow residents to feel assured they could protect themselves in their homes, especially in rural North Florida.

“If that bear is in the house and doing damage and tearing the place apart you will be able to take care of that bear and not have to worry about being arrested,” Stephens said.

When does HB 87 go into effect?

The bill goes into effect on Monday, July 1.

Are Florida black bears rare? How many black bears are in Florida?

A young black bear wanders a trail system at Fakahatchee Strand State Preserve in Collier County on Thursday, June 1, 2023. State wildlife managers sent out a press release this week stating that bear encounters are more likely in the summer. Photographed with a 400mm lens with a 1.4 converter.
A young black bear wanders a trail system at Fakahatchee Strand State Preserve in Collier County on Thursday, June 1, 2023. State wildlife managers sent out a press release this week stating that bear encounters are more likely in the summer. Photographed with a 400mm lens with a 1.4 converter.

The Florida black bear, which is one of 16 subspecies of the American black bear, is listed as a "Recovered species." Florida black bears have been seen in nearly every part of Florida, according to the Florida Fish and Wildlife Commission.

A Tallahassee Democrat report shared biologists estimate there are a little over 4,000 bears in Florida. They are mostly shy and reclusive and live in hardwood forests. They usually weigh up to 350 pounds and eat mostly plants and insects.

Are Florida black bear attacks common?

According to data from the FWC, it’s rare for bears to injure people during an encounter. The organization shared its attack data with the Pensacola News Journal, highlighting 40 incidents of physical contact in Florida since 2006.

See date here: Florida black bear attacks are rare, but this new bill wants to loosen rules on killing them

What do you do if you see a Florida black bear? What should you not do?

A Florida towboat captain spotted an unlikely sailor, a black bear on the deck of a 50-foot catamaran in Naples.
A Florida towboat captain spotted an unlikely sailor, a black bear on the deck of a 50-foot catamaran in Naples.

The FWC says if you encounter a bear at close range, they suggest you "remain standing upright, back up slowly and speak to the bear in a calm, assertive voice."

"Never approach or surprise a bear. If you see a bear from a distance, enjoy the experience, but do not move toward the bear. If you are close, do not make any sudden or abrupt movements. Back way slowly and be sure the bear has an obvious escape route."

As for what not to do, the FWC advises you:

  • Do not make any sudden or abrupt movements

  • Do not run, this can trigger a chase instinct and bears can sprint up to 35 mph

  • Do not play dead, black bears eat dead things

  • Do not climb a tree, they can climb faster than you, too

  • Do not approach or surprise a bear, especially if one might be injured

The FWC says that you should aggressively fight back if a black bear attacks you. People have successfully fended off black bear attacks using simple tools like rocks and sticks or even their bare hands.

This article originally appeared on Fort Myers News-Press: Florida bears can be shot under new self-defense law. What it means