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Senate Bill 632 - Taking of Bears is scheduled for its last reading in the Senate Fiscal Policy Committee before it is sent to the Senate Floor for a final vote.

Talking Points

SB 632 and HB 87 Potentially Violate FWC’s Constitutional Authority
The Florida Fish and Wildlife Conservation Commission (FWC) plays a crucial role in managing and conserving Florida's wildlife and natural resources. Its constitutional role is established under Article IV, Section 9 of the Florida Constitution, which grants the FWC the authority to regulate and manage the state's fish and wildlife resources for their long-term well-being and the benefit of the people of Florida. The commission has the authority to promulgate regulations and rules pertaining to hunting, fishing, boating, wildlife conservation areas, endangered species protection, and other related matters. The FWC's decisions are typically guided by scientific research, conservation principles, and public input. Senate Bill 632 - Taking of Bears and HB 87 - Taking of Bears implicate this provision because it specifies that a person who takes a bear is not subject to any administrative, civil, or criminal penalties under certain circumstances. It is also grounds for legal action if the bill passes. Additionally, the courts may intervene to uphold the constitutional authority of the FWC and ensure that wildlife management decisions are based on sound scientific principles and conservation objectives rather than political considerations.

The reason the Florida legislature does not have authority over the management of wildlife and hunting is that the responsibility for such management was specifically entrusted to the FWC by the Florida Constitution. This separation of powers ensures that wildlife management decisions are made by experts with scientific knowledge and experience in conservation biology rather than being subject to the potential political influences that could arise from legislative processes.

Attempts by lawmakers to interfere with the FWC's authority undermine wildlife conservation efforts and can lead to legal challenges to uphold the constitutional mandate of the commission.

The legislature's own staff analysis admits that the bills potentially violate the Florida Constitution. This is because they override the rule-making authority of the FWC, which is constitutionally granted specific regulatory and executive powers. Click here to read the staff analysis.

Lack of Science and Consideration For Environmental Impact
These bills fail to address the potential impacts the proposed law will have on Florida's wildlife.

Bears are considered by biologists to be a keystone species because of their outsized ecological importance. They play an important role in ecosystem dynamics, including seed dispersal, nutrient cycling, and maintaining biodiversity. Indiscriminate killing of bears could disrupt these ecological processes and have cascading effects on other species and ecosystem functions. Conservation efforts aim to protect species like bears not only for their intrinsic value but also for their ecological contributions to healthy ecosystems. Conservationists, ethical hunters, wildlife advocates, and other stakeholders recognize the importance of science-based wildlife management practices.

These bills are neither focused nor equipped to meet the extraordinary challenge of conserving Florida’s wildlife species and ecosystems. Conservation, in the context of environmental science and wildlife management, refers to the careful management, protection, and sustainable use of natural resources, including wildlife, forests, water, and habitats, to ensure their long-term viability and health. Conservation aims to strike a balance between human needs and the preservation of ecosystems and biodiversity for future generations.

SB 632 and HB 87 are considered to be antithetical to conservation principles for several reasons.
These bills prioritize lethal approaches over sustainable management, disregard non-lethal solutions, undermine conservation authorities, and risk ecological impacts on Florida's ecosystems. Effective conservation requires a comprehensive and science-based approach that considers the complex interactions between humans, wildlife, and the environment while striving to ensure the long-term health and resilience of natural systems. Conservation practices emphasize sustainable management of wildlife populations based on scientific research and data-driven decision-making. SB 632 and HB 87 promote the indiscriminate killing of bears without regard for population dynamics or ecological impacts. This approach undermines the principles of sustainable wildlife management and could lead to population declines or disruptions in ecosystem balance.

SB 632 - Taking of Bears and HB 87 - Taking of Bears are unclear and ambiguous. These bills are too broad and open to interpretation. There are zero mechanisms in place to prevent people from killing too many bears. If these bills pass, you will be able to kill black bears 24-7, 365 days of the year. You are also allowed to kill mother bears and cubs. Black bears are slow to reproduce. It has taken 49 years for Florida's black bear population to grow from 300 to 500 bears in 1974 to an estimated 4,050 today. 

Disregard for Non-lethal Solutions
Effective conservation efforts prioritize non-lethal methods for mitigating bear-human conflicts. Bear-resistant trash cans, habitat protection, public education, and community engagement are examples of non-lethal strategies that can help reduce conflicts between bears and humans while promoting coexistence. These bills focus primarily on lethal measures without adequately considering non-lethal alternatives. Additionally, assistance in providing bear-resistant trashcans and retrofit latches have been offered to the communities experiencing conflicts, yet such preventative measures have been ignored. Please watch this video for an easy, cost-effective way to make your trashcan bear-resistant. 

Addressing Deception and Scare Tactics 
Unfortunately, what humans do not understand, they fear, and what they fear, they kill. We want to address the absurd amount of fear-mongering associated with these bills.

You already have a right to self-defense under the Common Law Defense of Necessity. This law allows you to act in self-defense against any threat to your life or your loved one's life (Pets included).

The sponsors of these bills claim that if a bear breaks into your home and you kill the bear, you will be fined and could face jail time. On the contrary, they say that if a human breaks into your home and you kill them, there is no investigation or possibility of prosecution, but if you kill a bear, the FWC will investigate, and you could be prosecuted for a crime.

This, of course, is false. If you kill someone who entered your house, the police will investigate to be sure that it was an act of self-defense. Once they determined it was, in fact, an act of defense, you will not be charged with any crime. The same is true for people who kill Florida's black bears. However, these bills remove the FWC's authority to investigate and also remove all potential penalties and fines for killing a protected species. They also removed rules and regulations that require people to secure their trash and remove bear attractants. The sponsors of these bills also stripped away provisions that supposedly prevented people from intentionally luring or provoking bears, we say supposedly because there were loopholes such as deer feeders and bird feeders which are legal and do lure bears onto private property whether directly or indirectly.

Here are two examples, one of a man acting in self-defense and another who deliberately and unnecessarily killed black bears:
Last year in Sanford, FL, a man shot a bear that he says charged at him and his dog. According to the FWC. He did not get in any trouble because it was deemed self-defense. Read more about this case here.

John Anthony Falango was charged and prosecuted for killing a mother bear and one of her three cubs. On October 26, 2021, John Anthony Falango, upon returning to his house after taking his dog for a walk, saw an adult bear and three cubs in his yard. His presence frightened the bears, who retreated up a tree for safety. They posed no threat to Mr. Falango or his dog, who safely returned to the security of their home. Mr. Falango then retrieved a pistol from his house, went back outside, and fired multiple rounds into the tree, striking and killing the mother bear, who succumbed to her injuries approximately 100 feet from the tree, and one of her cubs, who fell from the tree and died at the scene. The two other cubs were able to escape. Mr. Falango was NOT in fear for his life and was NOT acting in self-defense, which is why he was prosecuted. Click here to learn more about this case.

Many of the bill's supporters have stated that the FWC has failed to properly manage Florida's bear populations. This is not true. The bears are not overpopulating. In fact, there is no scientific data to support that killing bears/establishing a bear hunting season will stop bear-human interactions. This is because the problem is not bear overpopulation; it is a failure of humans to adequately secure their trash and remove bear attractants. Even the FWC has previously stated that bear hunting does not reduce bear-human conflicts. Killing a bear that comes on your property to eat unsecured trash, birdseed, or other attractants will not resolve the bear-human conflict because as long as the attractants remain, other bears will come in place of the bear that was killed. Killing bears is not the solution.

The bill sponsor, Jason Shoaf, said the bears that will be killed are bears that are conditioned. He refers to them as “crack bears.” What he failed to say was that PEOPLE are the ones conditioning these bears with trash and other attractants. His description of bears is, of course, grossly exaggerated. Bears are not the man-eating monsters he would like you to believe they are, and certainly, we do not have "crack bears."

Some proponents of the bill claim they have thousands of bears roaming their neighborhoods. The reality is there are only an estimated 4,050 black bears in the entire State of Florida. In comparison, there are over 22 million people currently in Florida.

At a previous meeting, one Representative claimed the bears have learned that we are not at the top of the food chain anymore. He says bears think possibly they are and so they come into neighborhoods with people and realize there are lots of tasty treats. He went on to say it's only a matter of time before they go the next step and find that the people themselves are also tasty treats. His solution is to let archery hunters take bears in those areas. He said he doesn't believe we'd be having this discussion if the FWC were properly managing and taking charge of this responsibility. He says the bill should be called "The Top Of The Food Chain Act." 

Clearly, this Representative is not in touch with reality. Bears are considered apex predators because they have no natural enemies other than humans. They're not predatory in the sense that they're out in the woods or neighborhoods, stalking and hunting people. Bears go out of their way to avoid people. Bear attacks are extremely rare. Their diet is almost exclusively vegetation, and once again, no one in the State of Florida has ever been killed by a black bear. 

A big bear hunt proponent and lobbyist falsely stated, as he has at previous committee meetings, that the reason bears are going into neighborhoods is that bears have reached their environmental carrying capacity. This is not true; in fact, the FWC will tell you there is an abundance of natural food sources in the forests for bears. He claims the boar bears (male bears) have become so plentiful they're running out all of the sows (female bears) with cubs and juvenile bears because there is only so much food in the forest.

There is no scientific data to support his claim. In fact, one of FWC’s bear biologists was recently asked by a bear hunter during a meeting that our organization is a part of if there was any data on the number of bears killed by boar bears (male bears); the biologist stated that it was so rare it is not even considered during scientific research.

Loopholes
These bills remove the burden of proof that an individual has to provide to substantiate the claim that they reasonably believed their life or a loved one's life (pets included) was in danger. Let's not forget that the bills were amended to include property and provisions that prevent luring and provoking bears to incite an attack were removed.  

In areas where conflicts are present, the bears are already being lured onto private property, whether directly or indirectly, by trash, deer feeders and other bear attractants.

Florida Bear Facts
Florida black bears are predominantly vegetarian, with 80% of their diet consisting of plants, 15% insects, and only 5% animal matter, usually carrion. They are not the voracious man-eating carnivores that the people who wish to kill them would like you to believe.

No one in the State of Florida has ever been killed by a black bear.

Unprovoked bear attacks are extremely rare. 

You are 45 times more likely to be killed by a dog, 120 times more likely to be killed by bees, and 60,000 times more likely to be murdered by another human being than to be killed by a black bear.

Black bears are slow to reproduce. It has taken 49 years for Florida's black bear population to grow from between 300-500 bears in 1974, to an estimated 4,050 today. 

Bears regulate their own populations through a biological process known as delayed implantation. This is nature’s way of keeping bear populations in check. If food is scarce, female bears will not reproduce every two years but instead every 3-4 years.

Wildlife is a Public Trust
We, the people, have a right to defend animals for the benefit of those living today and future generations. Bears should not be killed because some humans refuse to take preventative measures when it comes to bear-human conflicts.

*TAKE ACTION NOW*
Please email and call the Senators listed below and politely ask them to vote NO on SB 632 - Taking of Bears. You may copy and paste information found on this petition and updates to use in your email or state in your own words why you are opposed to SB 632 - Taking of Bears. Use the following as the subject title in your emails Vote NO on SB 632 - Taking of Bears.

If you are able to attend the Senate Fiscal Policy Committee hearing and speak, please do so.

Location: Pat Thomas Committee Room, 412 Knott Building
Tallahassee, FL 32399

Date: Feb 07, 2024

Time: 3:30 PM

Senator Email Addresses & Phone Numbers
Chair: Senator Travis Hutson
Hutson.Travis@flsenate.gov
(850) 487-5007

Vice Chair: Senator Linda Stewart
Stewart.Linda@flsenate.gov
(850) 487-5017

Sen. Ana Maria Rodriguez
rodriguez.anamaria.web@flsenate.gov
(850) 487-5040

Senator Ben Albritton
Albritton.Ben@flsenate.gov
(850) 487-5027

Senator Lori Berman
Berman.Lori@flsenate.gov
(850) 487-5026

Senator Jim Boyd
Boyd.Jim@flsenate.gov
(850) 487-5020

Senator Colleen Burton
Burton.Colleen@flsenate.gov
(850) 487-5012

Senator Alexis Calatayud
Calatayud.Alexis@flsenate.gov
(850) 487-5038

Senator Jay Collins
Collins.Jay@flsenate.gov
(850) 487-5014

Senator Nick DiCeglie
DiCeglie.Nick@flsenate.gov
(850) 487-5018

Senator Ileana Garcia
Garcia.Ileana.web@flsenate.gov
(850) 487-5036

Senator Shevrin D. 'Shev' Jones
Jones.Shevrin@flsenate.gov
(850) 487-5034

Senator Debbie Mayfield
Mayfield.Debbie@flsenate.gov
(850) 487-5019

Senator. Rosalind Osgood
Osgood.Rosalind@flsenate.gov
(850) 487-5032

Bill Sponsor: Senator Corey Simon
Simon.Corey@flsenate.gov
(850) 487-5003

Senator Geraldine F. 'Geri' Thompson
Thompson.Geraldine@flsenate.gov
(850) 487-5015

Senator Victor Torres
Torres.Victor@flsenate.gov
(850) 487-5025

Senator Jay Trumbull
Trumbull.Jay@flsenate.gov
(850) 487-5002

Senator Tom Wright
Wright.Tom@flsenate.gov
(850) 487-5008

Senator Clay Yarborough
Yarborough.Clay@flsenate.gov
(850) 487-5004

To email all the Senators at once, copy and paste the email addresses into the BCC section of your email.
Hutson.Travis@flsenate.gov, Stewart.Linda@flsenate.gov, rodriguez.anamaria.web@flsenate.gov, Albritton.Ben@flsenate.gov, Berman.Lori@flsenate.gov, Boyd.Jim@flsenate.gov, Burton.Colleen@flsenate.gov, Calatayud.Alexis@flsenate.gov, Collins.Jay@flsenate.gov, DiCeglie.Nick@flsenate.gov, Garcia.Ileana.web@flsenate.gov, Jones.Shevrin@flsenate.gov, Mayfield.Debbie@flsenate.gov, Osgood.Rosalind@flsenate.gov, Simon.Corey@flsenate.gov, Thompson.Geraldine@flsenate.gov, Torres.Victor@flsenate.gov, Trumbull.Jay@flsenate.gov, Wright.Tom@flsenate.gov, Yarborough.Clay@flsenate.gov

Please include a link to our petition in your email.
https://www.change.org/p/help-protect-florida-black-bears-stop-senate-bill-632-house-bill-87

Thank you for taking action!