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Post by illinoisfisherman on Jun 23, 2024 10:54:31 GMT -5
As of 07/01/2024 you will be able to shoot bears on your property per new Florida law just signed.
It’s called a “stand your ground” bear law.
I believe bears are very intelligent. I am of the opinion that they will quickly learn to stay away from people. Dangerous encounters with bears should diminish rapidly.
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Post by bullfrog on Jun 23, 2024 11:22:15 GMT -5
As of 07/01/2024 you will be able to shoot bears on your property per new Florida law just signed. It’s called a “stand your ground” bear law. I believe bears are very intelligent. I am of the opinion that they will quickly learn to stay away from people. Dangerous encounters with bears should diminish rapidly. I don’t think its constitutional under the Florida state constitution. Only the FWC can regulate wildlife. The legislature may not in contradiction to the FWC.
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Post by illinoisfisherman on Jun 23, 2024 11:51:16 GMT -5
I understand that but we have a serious bear problem at our home on the Gulf.
Although we take our garbage to a dumpster in town every day there is something nearby that attracts the bears.
There was one that came under the house while two radios were playing and two painters were painting and chased them out from under the house. A very aggressive bear.
The bear that the FWC officer rescued from drowning years ago was another frequent visitor to the house and the neighboring homes. Another aggressive bear. This bear was moved to the Ocala area and made its way back 6 months later.
I don’t know what is attracting them other than the mullet are very thick in front of the house at times.
I don’t want to harm any wildlife but I have a family with grandchildren to protect. It is of some comfort that there is possibly less of a problem if I have to shoot a bear to defend my family n
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Post by gardawg on Jun 23, 2024 12:34:06 GMT -5
As of 07/01/2024 you will be able to shoot bears on your property per new Florida law just signed. It’s called a “stand your ground” bear law. I believe bears are very intelligent. I am of the opinion that they will quickly learn to stay away from people. Dangerous encounters with bears should diminish rapidly. I don’t think its constitutional under the Florida state constitution. Only the FWC can regulate wildlife. The legislature may not in contradiction to the FWC. will Chevron stand? will it apply here?
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Post by walkerdog on Jun 23, 2024 12:36:36 GMT -5
As of 07/01/2024 you will be able to shoot bears on your property per new Florida law just signed. It’s called a “stand your ground” bear law. I believe bears are very intelligent. I am of the opinion that they will quickly learn to stay away from people. Dangerous encounters with bears should diminish rapidly. I don’t think its constitutional under the Florida state constitution. Only the FWC can regulate wildlife. The legislature may not in contradiction to the FWC. While what you say about the FWC’s authority is true, I doubt that they will push back on the issue, due to political and PR reasons and it will stay on the books. Might be wrong. But I don’t think so.
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Post by cadman on Jun 23, 2024 12:51:19 GMT -5
I don’t think its constitutional under the Florida state constitution. Only the FWC can regulate wildlife. The legislature may not in contradiction to the FWC. While what you say about the FWC’s authority is true, I doubt that they will push back on the issue, due to political and PR reasons and it will stay on the books. Might be wrong. But I don’t think so. Bear Loving group will as an affected party.
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Post by bullfrog on Jun 23, 2024 12:55:22 GMT -5
I don’t think its constitutional under the Florida state constitution. Only the FWC can regulate wildlife. The legislature may not in contradiction to the FWC. While what you say about the FWC’s authority is true, I doubt that they will push back on the issue, due to political and PR reasons and it will stay on the books. Might be wrong. But I don’t think so. It depends on what they want balanced with the precedence it sets. We all know the FWC wants a regulated bear hunt, but are afraid to do it because of pressure from anti-hunters and animal-rights groups. Yet the FWC presumably doesn't want land owners killing bear at will and making false claims of self-defense. Bear attacks aren't common, so if there's all of a sudden an influx of bear killings, it will be because land owners are actually killing them because they're dumpster diving or being a nuisance, which the new law doesn't allow a bear to be killed for. This isn't the way to address the bear problem, because if the law is followed honestly, few bears will be killed under it. There needs to be a regular bear hunting season and year-round hazing of bears via dogs. That's the solution. Not a half-baked law by legislators who don't know what they're doing when it comes to wildlife management or law enforcement of wildlife violations.
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Post by bullfrog on Jun 23, 2024 13:00:40 GMT -5
So here's something they didn't think through:
You have a right against self incrimination. So you can't be required to report on yourself for committing a crime. Yet this law makes you report a bear kill that you're asserting the statutory immunity for. Which means the FWC will investigate it to make sure you followed the law. If the FWC decides you actually weren't justified to kill the bear, then all the evidence they've collected against you came from you being compelled to report the killing and thus you were compelled to incriminate yourself. That's not going to work, either legally or from a public policy perspective.
The closest analogue I can think of is Florida's accident report privilege. You're required to speak to a LEO when you're in an accident. But anything you say can't be used against you in a prosecution. Instead, the LEO has to warn the reportee that their investigation in now becoming criminal and they have to read the reportee their rights before discussing the facts anew. For example, in a DUI investigation that involves an accident, an investigating trooper has to warn the suspected impaired driver than the accident report phase of their investigation is over and now the investigation is criminal.
However, that wouldn't work here, because there's no such thing as a civil investigation into a bear killing. It's not like a car accident where it has to be investigated for the purposes of civil lawsuits or civil traffic tickets. The killing of a bear will be criminal from the start, and the law on its face precludes civil penalties anyhow. So the FWC will have to investigate any bear killing, and it will all begin by a person being compelled to report their killing of a bear so that the FWC can investigate it. I want to look this law maker up.
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Post by bullfrog on Jun 23, 2024 13:12:39 GMT -5
For the Senate: Corey Simon, football player, not an attorney. For the House: Jason Shoaf, businessman, not an attorney.
This is why attorneys should be writing the laws.
Both of them are out of the panhandle, where there's little love for the bears. One of them in on the periphery of my area. I get why their constituents would like how this sounds. But I don't know when any of their constituents were prosecuted for justifiably killing a nuisance bear either...
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Post by bullfrog on Jun 23, 2024 13:31:05 GMT -5
And to be clear, the new law only allows you to kill a bear that’s threatening your life, your pet’s lives, or your physical home. It doesn’t let you shoot a bear because its on your property raiding your garbage. Which was basically already the law under the FWC regulations, except last time I read it livestock wasn’t included.
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Post by olmucky on Jun 23, 2024 13:41:51 GMT -5
I don’t think its constitutional under the Florida state constitution. Only the FWC can regulate wildlife. The legislature may not in contradiction to the FWC. While what you say about the FWC’s authority is true, I doubt that they will push back on the issue, due to political and PR reasons and it will stay on the books. Might be wrong. But I don’t think so. Yup FWC is in favor of a hunt as well. It’s not them that’s keeping it from happening
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Post by 4ward on Jun 23, 2024 13:42:42 GMT -5
Wondering if Simon or Shoaf are up for re-election?
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Post by 4ward on Jun 23, 2024 13:46:03 GMT -5
While what you say about the FWC’s authority is true, I doubt that they will push back on the issue, due to political and PR reasons and it will stay on the books. Might be wrong. But I don’t think so. Yup FWC is in favor of a hunt as well. It’s not them that’s keeping it from happening Actually, I kind of think it is.
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Post by walkerdog on Jun 23, 2024 13:53:16 GMT -5
While what you say about the FWC’s authority is true, I doubt that they will push back on the issue, due to political and PR reasons and it will stay on the books. Might be wrong. But I don’t think so. Bear Loving group will as an affected party. No doubt there will be a law suit. But it won’t be brought by the FWC.
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Post by illinoisfisherman on Jun 23, 2024 13:54:46 GMT -5
Just a question?
Instead of a “hunt” why not allow shooting bears that invade populated areas?
Two things will be accomplished. The bear population will be diminished as desired and problematic bears that have overcome their fear of humans will be the bears that are eliminated.
I watched as a sow led her cubs into a residential area at dusk one day. With the habitual “residential raiders” eliminated they would not be teaching their cubs this behavior.
Just seems like the bears should be undisturbed in the wild but the bears that raided should be the only ones eliminated.
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