We must continue to put pressure on lawmakers. We urge everyone to contact both the House and Senate before the final floor vote. There are legislators who have not previously voted on these bills and it is up to us to enlighten them. Please always be respectful; attacking or berating people is counterproductive and will not persuade them to vote in our favor.
You can copy and paste the text below for your email. Scroll down for email addresses.
____________
Dear Legislators,
I strongly oppose both Senate Bill (SB) 632- "Taking of Bears" and House Bill (HB) 87 - "Taking of Bears," which create loopholes for people to kill Florida black bears and claim self-defense in instances where bears are not a threat. They override the Florida Fish & Wildlife Conservation Commission's (FWC) authority to investigate crimes committed against Florida black bears if the person claims they felt threatened.
The sponsors of these bills say that the FWC will come out and do an investigation. However, the bill does not state that the FWC will conduct an investigation. It says they will come to collect the bear's body and that through the claim of self-defense, a person is not subject to any administrative, civil or criminal penalty for taking a bear with lethal force.
**UNDER LAW, YOU ALREADY HAVE A RIGHT TO SELF-DEFENSE.**
If a bear poses a threat to you or your loved ones (pets included), you have a right to self-defense, currently covered under the Common Law Defense of Necessity. This law allows you to act in self-defense against any wildlife. The difference between these bills (H 87 and SB 632 "Taking of Bears") and the Common Law Defense of Necessity is that they remove the capacity for law enforcement to investigate and prosecute individuals who unjustifiably kill black bears.
Evidence of our existing right to defend ourselves and our loved ones (pets included) against 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.
Click the link for details: https://www.fox29.com/news/proposed-bill-would-make-it-legal-to-kill-bears-on-your-property-in-self-defense
Conversely, SB 632 and HB 87 - "Taking of Bears" will allow people like John Anthony Falango (the Sebring Bear Killer) to avoid prosecution for killing bears without justification.
Click the link for more info about this case: https://chng.it/D4jctY6BVR
These bills promote a false narrative that bears are overpopulating and threaten human safety. The increase in bear-human conflicts in some regions of Florida, like Franklin County, is due in part to the failure of people to remove bear attractants and adequately secure their trash. Seminole County, which once ranked highest in bear-human conflicts, has seen a significant reduction since implementing bear-resistant trashcans. The FWC previously stated they saw a 95% reduction in bear-related incidents in a Volusia County neighborhood since the introduction of bear-resistant trashcans. Bear-human conflicts will continue to rise until the root causes are addressed (unsecured trash and other attractants). If we apply common-sense measures such as bear-resistant trash cans, securing garbage until morning pickup, and removing attractants such as birdfeeders, we can resolve these issues and prevent future incidents. These methods have proven successful worldwide.
Click here for an easy, cost-effective way to make your trashcan bear-resistant: https://www.youtube.com/watch?v=P7aneHEEr6A
The proposed bills state that people cannot lure or provoke a bear. Anyone who were to kill a bear also cannot keep it or sell it afterward; rather, they would have to turn the bear’s body into the FWC within 24 hours.
The problem is these bills (SB 632 and HB 87) override the FWC's authority to investigate, so an individual will not have to prove they acted in self-defense and didn’t lure a bear onto their property or dwelling. In areas where conflicts are present, the bears are already being lured onto private property, whether directly or indirectly, by trash and other bear attractants. This bill also allows a 24-hour window before reporting the incident to FWC law enforcement, and it could take several days or longer before an FWC official shows up. This will enable a person to remove any evidence that the bear was intentionally lured onto private property or a dwelling.
The truth is that black bears are not overpopulating and pose no significant threat to human safety. 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. In fact, since recorded history, no one in the State of Florida has ever been killed by a black bear.
Since 1900, only 61 people in North America have been killed by black bears.
Unprovoked bear attacks are extremely rare. According to bear expert Lynn Rogers, Ph.D. of the North American Bear Center, 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.
From the FWC’s website: "Studies show black bears avoid confrontation 90% of the time. They are naturally shy animals that will generally give plenty of warnings (e.g., jaw popping, huffing, bluff charging) before attacking. FWC has been keeping track of incidents where a person has been injured by a bear in the state of Florida since 1976 and it is a very rare event. In most cases, the bear was acting in a defensive manner protecting itself, its young, or a food source." https://myfwc.com/wildlifehabitats/wildlife/bear/living/myths/
Florida black bears are a keystone species. Their presence positively impacts the environment and other species they share it with. They disperse more seeds than birds, meaning they quite literally influence the types of plants that grow in the forest. The vitality of a healthy functioning ecosystem depends upon the existence of bears.
Wildlife is a public trust, and 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. The public, as the beneficiary of the trust, has the right to ensure that its trust is being respected.
The public's overarching interest in the preservation of its trust assets may not be overridden by the complaints of homeowners who have failed to take appropriate steps to secure their trash, by beekeepers who have failed to employ cost-effective fencing around their apiaries, by drivers who collided with bears while speeding, texting, or talking on a cell phone, by hunters upset that bears have been raiding their deer-baiting stations, or by uneducated people who have never been taught that a bluff charge is a black bear's way of asking for space and respect, not an act of aggression.
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.
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 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.
Addressing Fear-Mongering and Lies
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.
Many of the bill's supporters have stated that the FWC has failed to manage Florida's bear populations properly. 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.
One of the bill's (HB 87) sponsors, 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 bills 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."
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.
Representative Shoaf keeps saying this bill is not about bear hunting, yet here is a quote from him.
“We really need a bear hunt,” Shoaf said. “It’s what we need here in North Florida. We’re inundated. We’ve got way too many. Until we do that, we’re going to continue to have these problems.”
Representative Shoaf has also brought up Florida’s 2015 black bear hunt and implied that the reason bears were killed so quickly and the FWC had to call off the hunt early was because bears were overpopulating. That could not be further from the truth. He failed to mention that 78% of the bears killed during the hunt were killed on private lands. In the Eastern Panhandle Bear Management Unit (BMU), 90-100% of the bears killed during the 2015 bear hunt were killed on private property. When the bears were brought to check stations and gutted, many of the bears had corn in their stomachs, indicative of deer baiting stations. The majority of the bear hunters who hunted back in 2015 knew where the bears were located, which is why so many were killed so quickly. The bears were easy targets.
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.
The FWC has been doing presentations on Florida's bears, and during a recent presentation, they stated that there is an abundance of natural food sources available for Florida black bears.
Bears consume around 5,000 calories a day, except in the fall when they eat 20,000 calories per day. This is known as "hyperphagia." The reality is bears eat a lot, and instead of eating the abundance of natural foods in the forests, they, like many humans, prefer "fast food." That is why they go into residential areas to rummage through trash and eat other attractants like birdseed. It provides calorie-dense foods with little to no effort.
Florida Black 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.
HB 87 - Taking of Bears fails to address the issues at the heart of all bear-human conflicts. It chooses violence over non-lethal solutions, undermines the jurisdiction of the FWC, and ignores the current law that exists to protect those acting in self-defense.
For all the aforementioned reasons, I respectfully request that you vote NO to Senate Bill 632 - "Taking of Bears" and House Bill 87 - "Taking of Bears."
Thank you for your consideration.
Sincerely,
[Insert YOUR name]
Petition: https://www.change.org/p/help-protect-florida-black-bears-stop-senate-bill-632-house-bill-87
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Please include the Governor. in your email to legislators so he can see that the majority of our lawmakers have been ignoring the overwhelming majority of Floridians who oppose these bills.
Governor Ron DeSantis:
GovernorRon.Desantis@eog.myflorida.com
To email all the Senators at once, copy and paste the email addresses into the BCC section of your email.
Subject Title For Emailing The Senators: "Vote NO to SB 632 - "Taking of Bears," or "I OPPOSE SB 632 - "Taking of Bears."
Florida Senate:
albritton.ben.web@flsenate.gov
avila.bryan.web@flsenate.gov
baxley.dennis.web@flsenate.gov
berman.lori.web@flsenate.gov
book.lauren.web@flsenate.gov
boyd.jim.web@flsenate.gov
bradley.jennifer.web@flsenate.gov
brodeur.jason.web@flsenate.gov
broxson.doug.web@flsenate.gov
burgess.danny.web@flsenate.gov
burton.colleen.web@flsenate.gov
calatayud.alexis.web@flsenate.gov
collins.jay.web@flsenate.gov
davis.tracie.web@flsenate.gov
diceglie.nick.web@flsenate.gov
garcia.ileana.web@flsenate.gov
grall.erin.web@flsenate.gov
gruters.joe.web@flsenate.gov
harrell.gayle.web@flsenate.gov
hooper.ed.web@flsenate.gov
hutson.travis.web@flsenate.gov
ingoglia.blaise.web@flsenate.gov
jones.shevrin.web@flsenate.gov
martin.jonathan.web@flsenate.gov
mayfield.debbie.web@flsenate.gov
osgood.rosalind.web@flsenate.gov
passidomo.kathleen.web@flsenate.gov
perry.keith.web@flsenate.gov
pizzo.jason.web@flsenate.gov
polsky.tina.web@flsenate.gov
powell.bobby.web@flsenate.gov
rodriguez.anamaria.web@flsenate.gov
rouson.darryl.web@flsenate.gov
simon.corey.web@flsenate.gov
stewart.linda.web@flsenate.gov
thompson.geri.web@flsenate.gov
torres.victor.web@flsenate.gov
trumbull.jay.web@flsenate.gov
wright.tom.web@flsenate.gov
yarborough.clay.web@flsenate.gov
To email all the Representatives at once, copy and paste the email addresses into the BCC section of your email.
Subject Title For Emailing The Representatives: "Vote NO to HB 87 - "Taking of Bears," or "I OPPOSE HB 87 - "Taking of Bears."
Florida House:
shane.abbott@myfloridahouse.gov
thad.altman@myfloridahouse.gov
daniel.alvarez@myfloridahouse.gov
carolina.amesty@myfloridahouse.gov
adam.anderson@myfloridahouse.gov
alex.andrade@myfloridahouse.gov
bruce.antone@myfloridahouse.gov
kristen.arrington@myfloridahouse.gov
jessica.baker@myfloridahouse.gov
doug.bankson@myfloridahouse.gov
webster.barnaby@myfloridahouse.gov
robin.bartleman@myfloridahouse.gov
fabin.basabe@myfloridahouse.gov
melony.bell@myfloridahouse.gov
mike.beltran@myfloridahouse.gov
christopher.benjamin@myfloridahouse.gov
kim.berfield@myfloridahouse.gov
dean.black@myfloridahouse.gov
david.borrero@myfloridahouse.gov
adam.botana@myfloridahouse.gov
robert.brackett@myfloridahouse.gov
lavonbracy.davis@myfloridahouse.gov
chuck.brannan@myfloridahouse.gov
james.buchanan@myfloridahouse.gov
demi.busattacabrera@myfloridahouse.gov
daryl.campbell@myfloridahouse.gov
jennifer.canady@myfloridahouse.gov
mike.caruso@myfloridahouse.gov
joseph.casello@myfloridahouse.gov
hillary.cassel@myfloridahouse.gov
ryan.chamberlin@myfloridahouse.gov
kevin.chambliss@myfloridahouse.gov
linda.chaney@myfloridahouse.gov
chuck.clemons@myfloridahouse.gov
lindsay.cross@myfloridahouse.gov
dan.daley@myfloridahouse.gov
kimberly.daniels@myfloridahouse.gov
fentrice.driskell@myfloridahouse.gov
wyman.duggan@myfloridahouse.gov
lisa.dunkley@myfloridahouse.gov
jervonte.edmonds@myfloridahouse.gov
anna.eskamani@myfloridahouse.gov
tiffany.esposito@myfloridahouse.gov
tom.fabricio@myfloridahouse.gov
randy.fine@myfloridahouse.gov
gallop.franklin@myfloridahouse.gov
ashley.gantt@myfloridahouse.gov
alina.garcia@myfloridahouse.gov
sam.garrison@myfloridahouse.gov
mike.giallombardo@myfloridahouse.gov
karen.gonzalezpittman@myfloridahouse.gov
peggy.gossett-seidman@myfloridahouse.gov
michael.gottlieb@myfloridahouse.gov
michael.grant@myfloridahouse.gov
tommy.gregory@myfloridahouse.gov
philip.griffitts@myfloridahouse.gov
jennifer.harris@myfloridahouse.gov
Dianne.Hart@myfloridahouse.gov
yvonne.hinson@myfloridahouse.gov
jeff.holcomb@myfloridahouse.gov
christine.hunschofsky@myfloridahouse.gov
berny.jacques@myfloridahouse.gov
dotie.joseph@myfloridahouse.gov
tom.keen@myfloridahouse.gov
sam.killebrew@myfloridahouse.gov
traci.koster@myfloridahouse.gov
chip.lamarca@myfloridahouse.gov
tom.leek@myfloridahouse.gov
vicki.lopez@myfloridahouse.gov
johanna.lopez@myfloridahouse.gov
randy.maggard@myfloridahouse.gov
patt.maney@myfloridahouse.gov
ralph.massullo@myfloridahouse.gov
stan.mcclain@myfloridahouse.gov
lawrence.mcclure@myfloridahouse.gov
fiona.mcfarland@myfloridahouse.gov
lauren.melo@myfloridahouse.gov
kiyan.michael@myfloridahouse.gov
jim.mooney@myfloridahouse.gov
angie.nixon@myfloridahouse.gov
toby.overdorf@myfloridahouse.gov
bobby.payne@myfloridahouse.gov
daniel.perez@myfloridahouse.gov
jenna.persons@myfloridahouse.gov
rachel.plakon@myfloridahouse.gov
susan.plasencia@myfloridahouse.gov
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michele.rayner@myfloridahouse.gov
mike.redondo@myfloridahouse.gov
paul.renner@myfloridahouse.gov
alex.rizo@myfloridahouse.gov
spencer.roach@myfloridahouse.gov
felicia.robinson@myfloridahouse.gov
will.robinson@myfloridahouse.gov
bob.rommel@myfloridahouse.gov
rick.roth@myfloridahouse.gov
joel.rudman@myfloridahouse.gov
michelle.salzman@myfloridahouse.gov
jason.shoaf@myfloridahouse.gov
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tyler.sirois@myfloridahouse.gov
kelly.skidmore@myfloridahouse.gov
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john.snyder@myfloridahouse.gov
paula.stark@myfloridahouse.gov
kevin.steele@myfloridahouse.gov
cyndi.stevenson@myfloridahouse.gov
allison.tant@myfloridahouse.gov
john.temple@myfloridahouse.gov
josie.tomkow@myfloridahouse.gov
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chase.tramont@myfloridahouse.gov
keith.truenow@myfloridahouse.gov
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susan.valdes@myfloridahouse.gov
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patricia.hawkins-williams@myfloridahouse.gov
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brad.yeager@myfloridahouse.gov