Florida Moves to Protect the Gopher Tortoise

By Kevin Spear, Sentinel Staff Writer

A Turning Point for the Gopher Tortoise

Efforts to protect one of Florida’s most emblematic species, the gopher tortoise, are finally gaining traction — even among developers. The state’s long-criticized policy allowing developers to bury tortoises alive in construction zones may soon come to an end.

Since 1992, Florida’s wildlife agency has permitted the entombment of nearly 80,000 tortoises, avoiding the extra costs and delays of relocation. Developers, especially in Orange and Osceola counties, have paid as much as $1,000 per tortoise for these permits.

A Shift Toward Conservation

Next month, the Florida Fish and Wildlife Conservation Commission (FWC) is expected to reclassify the tortoise as “threatened with extinction,” elevating it from its current “species of special concern” status. This change follows a state study revealing a serious population decline.

The new classification would force the agency to craft stronger conservation measures. A review panel — composed of residents, industry leaders, and wildlife experts — is already working on proposals to drastically reduce tortoise killings, with growing support from the Florida Home Builders Association.

“Nobody wants to entomb tortoises,” said Steve Godley, a biological consultant and panel member. “The plan is to minimize it by more than 90%, at least in my opinion.”

Relocation: A Complex Solution

The most viable alternative to killing tortoises is relocation to conservation lands. However, a complete halt remains unrealistic. Some tortoises suffer from a contagious respiratory disease, making relocation risky. Others may die unintentionally if eggs or hatchlings are left behind.

Despite these challenges, experts like Matt Aresco of Nokuse Plantation see real progress:

“A year ago, things looked hopeless. Now, incidental take as we know it could be over.”

Mounting Legal and Public Pressure

Opposition to tortoise deaths has intensified. A lawsuit filed by “Angels in Distress” in March seeks to end the state’s permitting system, describing it as causing “excruciating death by starvation, thirst, or lack of oxygen.”

At the same time, Save Our Big Scrub and Wild South have petitioned the U.S. Fish and Wildlife Service to declare the tortoise federally threatened, which could bring broader protection across the Southeast.

“I think they made a big mistake, and they know it,” said Robin Lewis, president of Save Our Big Scrub.

The Challenge of Safe Relocation

Relocating tortoises sounds simple but can be lethal if done incorrectly. According to Ray Ashton of the Ashton Biodiversity Research Institute, tortoises must be kept in pens for months to adapt to new habitats.

He emphasizes that relocation sites require diverse vegetation and controlled burns to mimic natural conditions. Additionally, authorities must decide what to do with diseased tortoises, a debate still unresolved.

Looking Ahead

State officials admit that not all developers will comply with stricter protections — some continue to destroy burrows illegally. Still, Tim Breault, FWC’s Director of Habitat and Species Conservation, insists that new rules are essential for the tortoise’s survival.

The gopher tortoise’s burrows — stretching up to 40 feet long and 10 feet deep — provide shelter for over 360 species, including the indigo snake, gopher frog, burrowing owl, and Florida mouse.

As Florida continues to grow, the fate of the gopher tortoise will depend on whether conservation truly becomes a shared priority.