Are Gopher Turtles Still Protected in Florida?

Yes. Gopher tortoises are still protected in Florida. The Florida Fish and Wildlife Conservation Commission lists them as a state Threatened species, and it is illegal to harm, move, or possess a gopher tortoise, or to damage its burrow, without an FWC permit.¹ That protection covers every tortoise in the state, on private and public land alike.

Protected Under Florida Law

The legal basis is Florida Administrative Code Rule 68A-27.003, which governs the state’s endangered and threatened wildlife. A Threatened designation means the species could become endangered if safeguards aren’t maintained, and the rule extends protection to the tortoises, their eggs, and their burrows.¹

FWC’s regulations require a relocation permit before anyone disturbs a burrow or begins construction activities on land where tortoises live.² This is not a technicality property owners can work around.

The 2022 Federal Delisting Didn’t Change Florida’s Rules

People sometimes ask whether protection ended because of a federal decision. In 2022, the U.S. Fish and Wildlife Service determined that the eastern population of gopher tortoises, which includes Florida, no longer met the criteria for listing under the Endangered Species Act and withdrew that population as a candidate for federal listing.³

For anyone in Florida, that change means very little day to day. State law remains the primary enforcement mechanism and applies regardless of the federal classification. If your project involves federal funding, federal permits, or federal land, a Section 7 consultation with the Fish and Wildlife Service may still come into play.⁴

What You Cannot Do

Under Rule 68A-27.003, no one may take, pursue, hunt, harass, capture, possess, sell, or transport a gopher tortoise, its parts, or its eggs without FWC authorization. The rule also prohibits damaging or destroying gopher tortoise burrows.¹ A separate criminal statute, Section 379.411, makes it illegal to intentionally kill or wound any species the state has designated as threatened.⁵

Most violations aren’t deliberate cruelty. They are construction crews filling in burrows, heavy equipment driving over them, or landowners clearing vegetation without checking for tortoise activity first. Rule 68A-27.003 does not require proof of intent, so FWC can pursue burrow destruction whether or not the property owner knew tortoises were present.⁶

If a Tortoise Lives on Your Property

If a gopher tortoise is living on your land and you’re not planning construction, you generally don’t need to do anything. FWC states that no permit is required for a wild tortoise living undisturbed on your property.⁷ You cannot pick it up, take it somewhere else, or relocate it yourself.

Routine yard maintenance and landscaping that doesn’t harm tortoises or collapse burrows also doesn’t require a permit. You can mow, garden, and maintain your property normally as long as you steer clear of the burrow itself. Agricultural activities like tilling, planting, harvesting, prescribed burning, and tree cutting are similarly exempt when they follow FWC’s Gopher Tortoise Enforcement Policy.⁷

The 25-Foot Buffer Rule for Construction

FWC’s permitting guidelines establish a 25-foot buffer around every gopher tortoise burrow. Keep all development activity at least 25 feet away from every burrow in every direction, and you don’t need a permit for that project. Cross inside that circle with machinery, land clearing, or grading, and you need FWC authorization first.⁸

The buffer applies even when the burrow sits on someone else’s land. If a neighbor’s burrow is near your property line and your construction reaches within 25 feet of it, you can still be held responsible for damage to the burrow or harm to the tortoise inside.⁸ That catches a lot of people off guard.

Relocation Permits When You Have To Build

If development will disturb tortoises or their burrows, the animals must be relocated before any land clearing begins, and every relocation requires an FWC permit.⁶

For an on-site move within the same development property, the owner or their representative can perform the relocation after completing FWC’s online training course. No authorized agent is required, but the permit application still must be submitted and approved before any tortoises are captured.⁹

For an off-site move, a permitted Authorized Gopher Tortoise Agent must handle the capture and relocation. FWC keeps an online permit locator map where applicants can find agents and approved recipient sites in their area.² Off-site tortoises go to FWC-permitted recipient sites of 25 acres or more, which are approved and managed under a gopher tortoise management plan.¹⁰

Penalties for Violations

Section 379.411 treats the intentional killing or wounding of a state-listed threatened species as a Level Four violation under Section 379.401.⁵ A third-degree felony conviction in Florida can carry up to five years in prison.¹¹

FWC can also pursue administrative enforcement under Rule 68A-27.003, which doesn’t require proof that the killing or wounding was intentional. Accidentally bulldozing a burrow without a permit can trigger enforcement action even if no one meant to harm the tortoise. Penalties typically scale with the number of tortoises affected and whether the violation appears deliberate.

1
Legal Information Institute. Florida Administrative Code Rule 68A-27.003 – Florida Endangered and Threatened Species
2
Florida Fish and Wildlife Conservation Commission. Gopher Tortoise Permits
3
U.S. Fish & Wildlife Service. U.S. Fish and Wildlife Service Completes Gopher Tortoise Review
4
U.S. Fish & Wildlife Service. ESA Section 7 Consultation
5
Florida Senate. Florida Code 379.411 – Intentional Killing or Wounding of Any Species Designated as Endangered, Threatened, or of Special Concern; Penalties
6
Florida Fish and Wildlife Conservation Commission. Gopher Tortoise Rules and Regulations
7
Florida Fish and Wildlife Conservation Commission. What Should I Do if I See a Tortoise?
8
Florida Fish and Wildlife Conservation Commission. Gopher Tortoise Permitting Frequently Asked Questions
9
Florida Fish and Wildlife Conservation Commission. Gopher Tortoise Permitting Guidelines
10
Florida Fish and Wildlife Conservation Commission. Gopher Tortoise Recipient Sites
11
Online Sunshine. Florida Code 775.082 – Penalties; Applicability of Sentencing Structures; Notification Requirements