Florida Wants To Make It Easier To Kill Bears

The Florida State Senate is considering a bill that, if it becomes law, would protect citizens from legal repercussions if they kill a bear that they believe poses a threat to their life.

House Bill 87, dubbed the "Self Defense Act," passed the lower house on Thursday by a vote of 88 in favor to 29 against, and will now go to the State Senate for a vote. If confirmed and signed by the governor, it will become law from July 1.

The draft legislation allows for residents to avoid administrative, civil or criminal penalties for using lethal force against a bear if they "reasonably believed" it was necessary to avoid death or serious injury to themselves or a pet, or to their home.

However, the preclusion from legal recourse would not extend to instances in which the person "intentionally or recklessly place[d] himself or herself or the pet in a situation in which he or she would be likely to need to use lethal force," and in which they took the bear or its parts for themselves, or sold or disposed of it.

It stipulates that a person must notify Florida's Fish and Wildlife Conservation Commission of the incident within 24 hours of it occurring, and the slain bear must be disposed of by the commission.

Advocates say there is a growing problem of bears losing their instinctive fear of humans as settlements encroach on their natural habitats. Across the state, there were eight encounters with black bears in 2022 and two in 2023, according to official tallies.

"In north Florida, we have a major problem with bears," Jason Shoaf, a Republican state representative who sponsored the bill, said, local news outlet Florida's Voice reported. "We love them, they're cute and cuddly, but they've become so accustomed to humans they are starting to lose their fear."

Yet the bill faces criticism from Democrats and biodiversity advocacy groups, who argue the law already allows for individuals to defend themselves against any wild animal attacks, but that the draft legislation would preclude law enforcement from investigating potentially unjustified killings.

Democratic state Representative Katherine Waldron called the bill "shameful" while opposing it on Thursday, adding: "Deliberate murder should not be condoned, and yet this bill does just that," according to Florida's Voice.

A petition opposing the bill—as well as another, similar one brought in the State Senate—has received nearly 31,500 signatures since its inception in mid-December.

The organizers, OneProtest, wrote that the bill "open[s] the door for people to claim self-defense in instances where bears are not a threat" and would "override the Florida Fish & Wildlife Conservation Commission's authority to investigate crimes committed against this protected species (black bears) if the person claims they felt threatened."

Rather than protecting the right to self-defense, they argued, the bill would "remove the capacity for law enforcement to investigate and prosecute individuals who unjustifiably kill black bears."

"If this bill becomes law, it will essentially create an unregulated bear hunting season where people can kill black bears 24-7, 365 days of the year, with impunity," Nicole Cordano, campaign director of OneProtest, told Newsweek.

"They only have to claim that they believed their life was in danger and that lethal force was necessary to protect themselves, loved ones, or their property. There is no way to prove or disprove that someone 'reasonably believes' their life or property was threatened."

She added: "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 in self-defense."

According to the North American Bear Center, owing to the rarity of lethal black bear attacks across the U.S., men aged 18 to 24 are 167 times more likely to kill another human than black bears.

Kate MacFall, Florida state director for the Humane Society of the United States, described the legislation as "misguided" and "essentially a way to work around the Fish and Wildlife Conservation Commission and establish an unofficial bear hunt."

"Allowing unpermitted killing of bears in residential neighborhoods will not only be a nightmare for law enforcement, but it will almost certainly lead to dangerous situations, as individuals may not be adequately trained to assess and handle bear encounters," she told Newsweek. "It will also very likely leave several orphaned and defenseless cubs if their mothers are killed."

MacFall added: "Simply put, we cannot shoot our way out of human-bear conflicts."

Newsweek also approached Shoaf via email for further comment.

Update 2/19/24, 4:30 a.m. ET: This article was updated to include comment from Nicole Cordano and Kate MacFall.