(1) A person is not subject to any administrative, civil, or criminal penalty for taking a bear with lethal force if:

(a) The person reasonably believed that his or her action was necessary to avoid an imminent threat of death or serious bodily injury to himself or herself or to another, an imminent threat of death or serious bodily injury to a pet, or substantial damage to a dwelling as defined in s. 776.013(5);

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Terms Used In Florida Statutes 379.40411

  • person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
(b) 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;
(c) The person did not intentionally or recklessly place himself or herself or a pet in a situation in which he or she would be likely to need to use lethal force as described in paragraph (a); and
(d) The person notified the commission within 24 hours after he or she used lethal force to take the bear.
(2) A bear taken under this section must be disposed of by the commission. A person who takes a bear under this section may not possess, sell, or dispose of the bear or its parts.
(3) The commission shall adopt rules to implement this section.