By: Kevin Spear, Sentinel Staff Writer
02/06/2025 | Angels in Distress | Tortoises, 

A Turning Point for Florida’s Gopher Tortoises

Momentum is building to protect gopher tortoises—even among developers. Florida’s long-criticized policy that allows construction projects to entomb tortoises in their burrows could largely end next year. Since 1992, the state’s wildlife agency has permitted housing and infrastructure projects to bury nearly 80,000 tunnel-dwelling tortoises rather than relocate them to conservation lands.

Developers in Orange and Osceola counties have led the state in permitted killings, often paying $1,000+ per tortoise. That practice could be phased out as soon as next month, when the Florida Fish and Wildlife Conservation Commission (FWC) is expected to reclassify the species as threatened with extinction, a more urgent status than its current species of special concern.

Why the Change Now?

A recent commission study shows a serious population decline. If the FWC declares the species threatened, officials must draft a stronger protection plan. A review panel of residents, industry representatives, and wildlife experts has already begun that work—and an early proposal to sharply curtail tortoise killings is earning broad support, including from the Florida Home Builders Association.

“Nobody wants to entomb tortoises… that can be minimized — in excess of 90%,”
— Steve Godley, biological consultant and panel representative for home builders

Relocation: Necessary but Not Simple

The primary alternative is to move tortoises from development sites to conservation lands. A total halt is unlikely because:

• Some tortoises show advanced respiratory disease (contagious and often fatal), risking infection of healthy populations if moved.

• Eggs or hatchlings can be unintentionally left behind during relocation.

Even so, experts are encouraged by the progress.

“A year or a year and a half ago, things looked hopeless… Incidental take as we know it could be over.”
— Matt Aresco, conservation director, Nokuse Plantation

Follow the Money vs. Follow the Science

For years, officials defended the practice as a way to fund habitats—raising $40+ million and securing nearly 10,000 acres. But public outcry and conservation science have intensified, accelerating efforts to end the permits.

• Legal pressure: A lawsuit by Angels in Distress seeks to stop state permits that cause “excruciating death by starvation, thirst, or lack of oxygen.”

• Federal action: Petitions by Save Our Big Scrub and Wild South ask the U.S. Fish and Wildlife Service to list the tortoise as threatened across the Southeast, which would trigger broader protections—especially on federal lands and projects.

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

What Responsible Relocation Requires

Relocation is not just drop-and-go. According to Ray Ashton (Ashton Biodiversity Research & Preservation Institute):

• Newly moved tortoises must be held in acclimation pens for months.

• Sites need diverse forage and prescribed fire to maintain habitat quality.

• Clear protocols are needed for tortoises showing respiratory infection.

Enforcement and the Road Ahead

FWC officials acknowledge some developers will never comply; illegal bulldozing and unpermitted kills still occur. Yet they insist new rules are essential if tortoises are to survive Florida’s growth.

“Everything is on the table.”
— Tim Breault, Director of Habitat & Species Conservation, FWC

Why it matters: Gopher tortoise burrows—about 40 feet long and 10 feet deep—provide refuge for ~360 other species, including the indigo snake, gopher frog, burrowing owl, and the Florida mouse.

Key Stats (At a Glance)

• 80,000 tortoises entombed since 1992

• $1,000+ typical fee per tortoise for permits in some counties

• $40M+ raised; ~10,000 acres conserved (to date)

• ~360 species depend on tortoise burrows

What’s Next?

If the FWC finalizes the threatened status, expect a multi-step phaseout of entombment with stricter relocation standards, disease protocols, and stronger enforcement. Federal listing would further expand protections across the species’ range.

How You Can Help

• Support organizations pursuing legal protections and habitat restoration.

• Share this article to raise awareness.

• Encourage developers and local officials to adopt best-practice relocation and disease screening.

Contact the reporter: Kevin Spear — (407) 420-5062 | kspear@orlandosentinel.com