A Broward animal-rights advocate has sued a state agency to stop developers from burying gopher tortoises alive under new homes and malls across Florida.

Steve Rosen—celebrated years ago for halting a plan to shoot a booming jackrabbit colony at Miami International Airport—is back in court. Last week he asked a judge to void hundreds of state permits that let builders fill active gopher tortoise burrows instead of relocating the animals. “This is going to be blood and guts,” Rosen said. “I’m going after them.”

The Permits at Issue

Rosen’s suit targets the Florida Fish & Wildlife Conservation Commission (FFWCC), which, he argues, allows developers to fill burrows where the foot-long reptiles live without moving them first. Alternatives exist—build less, avoid the habitat, or relocate the tortoises—but burial remains common.

According to the agency, since 1991 it has issued permits covering roughly 74,000 burrows. A recent FFWCC report estimates nearly 800,000 gopher tortoises statewide, yet the population has fallen by about 70 percent since 1910. The report recommends upgrading the species to “threatened.”

Why Relocation Is Complicated

Relocation sounds like a humane fix, but FFWCC spokesperson Willie Puz notes two major hurdles. Many tortoises carry an upper respiratory disease that can spread rapidly to new populations, and the 10- to 15-pound reptiles often try to return to their original range. “We’re looking at ways to improve our management of the species,” Puz said.

Biologist and environmental consultant Ron Gaby adds that tortoises favor high, dry uplands—the same terrain developers covet. He worries that buried animals can linger for weeks before suffocating, though definitive studies are lacking. “We should preserve habitat and manage it, and let the tortoise do its own thing,” Gaby said.

Public Backlash and a High-Profile Case

Outrage intensified after reports that a Walmart in Palm Beach County received a permit to entomb five gopher tortoises. In exchange, the company paid $11,409 to protect 1.5 acres of non-burrowing land—an arrangement Rosen blasted: “Don’t tell me Walmart can’t afford to move five turtles.”

The exact number of wild tortoises in South Florida is unclear. Lieutenant Pat Reynolds of the commission says the largest concentration is in northeast Miami-Dade. He has relocated individuals to places like South Dade’s Monkey Jungle, near Miami Metro Zoo—even to cemeteries—while acknowledging the trade-offs: “We’re losing land like crazy. It always hurts wildlife when you move them.”

What Happens Next

Rosen estimates roughly 275 permits to fill or move burrows remain active statewide. Puz could not confirm that figure but said Miami-Dade issued no new permits in the past year. The Walmart case triggered an email surge and petition drive that pushed the FFWCC to draft a biological review and form a Gopher Tortoise Action Committee to reassess management and permitting.

The draft review recommends listing the gopher tortoise as threatened. If commissioners adopt the findings, a new species-management plan could arrive within 12–18 months. Rosen promises to keep the pressure on: “Why are they killing these innocent little turtles? It’s for a buck. Here, they’re not crying public safety like they were at the airport.”