Yes, softshell turtles are protected in Florida. Under Executive Order 21-19, issued by the Florida Fish and Wildlife Conservation Commission (FWC) in August 2021, it is illegal to take, kill, or transport any freshwater softshell turtle from the wild anywhere in the state, and the order remains in effect indefinitely.1Florida Fish and Wildlife Conservation Commission. FWC Temporarily Prohibits Take of Freshwater Softshell Turtles and Yellow-Bellied Sliders The protection covers all three species found in Florida waters: the Florida softshell (Apalone ferox), the smooth softshell (Apalone mutica), and the spiny softshell (Apalone spinifera). Yellow-bellied sliders are covered by the same order.
What the Ban Actually Prohibits
Executive Order 21-19 prohibits capturing, killing, or transporting any freshwater softshell turtle from the wild in Florida.2Florida Fish and Wildlife Conservation Commission. Freshwater Turtles There is no season, no bag limit, and no method that gets around it. Baited hooks, dip nets, and bare hands are all off the table. Even picking one up briefly to look at it technically violates the order.
Before the executive order, Florida Administrative Code Rule 68A-25.002 already closed take from May 1 through July 31 and capped it at one turtle per person per day the rest of the year.3Legal Information Institute. Florida Administrative Code 68A-25.002 – General Provisions for Taking Nongame Wildlife The 2021 order extended that closure to the full calendar year.
Selling a wild-caught softshell is a separate offense. Rule 68A-25.002 bars anyone from buying, selling, or possessing for sale any freshwater turtle, eggs, or parts taken from wild Florida habitats, and that rule applies to every freshwater turtle species in the state.3Legal Information Institute. Florida Administrative Code 68A-25.002 – General Provisions for Taking Nongame Wildlife
Why Florida Closed the Take
The FWC started investigating unusual freshwater turtle die-offs in March 2018. The cause turned out to be Turtle fraservirus 1 (TFV1), which has since been detected in six Florida freshwater turtle species, including the Florida softshell.4Florida Fish and Wildlife Conservation Commission. Turtle Fraservirus 1 Infected turtles develop swollen or sunken eyelids, nasal discharge, red splotchy discoloration on the shell, and trouble breathing, and many become too lethargic to move.
Researchers still do not fully understand how TFV1 spreads or what conditions set off an outbreak.4Florida Fish and Wildlife Conservation Commission. Turtle Fraservirus 1 The executive order is the FWC’s response while the science catches up.
Penalties for Taking a Softshell Turtle
Violating the executive order is a Level Two offense under Florida Statute 379.401 because the order restricts the taking of wildlife. A first offense, with no prior wildlife convictions in the past three years, is a second-degree misdemeanor punishable by up to 60 days in county jail and a fine of up to $500.5Florida Legislature. Florida Code 379.401 – Penalties and Violations
Repeat offenses escalate:
- Second offense within three years: first-degree misdemeanor with a mandatory minimum fine of $250.
- Third offense within five years: first-degree misdemeanor with a mandatory minimum fine of $500 and a one-year suspension of any recreational wildlife license.
- Fourth offense within ten years: first-degree misdemeanor with a mandatory minimum fine of $750 and a three-year license suspension.
A first-degree misdemeanor in Florida carries up to one year in jail. Courts can also order forfeiture of any license or permit issued under Chapter 379.5Florida Legislature. Florida Code 379.401 – Penalties and Violations
Can You Own a Softshell Turtle in Florida?
Because no softshell can be taken from the wild, the only legal way to own one is through a captive-bred source. Turtles acquired before the executive order took effect, or bought from a licensed dealer, can still be kept, but you need proof of legal acquisition such as a purchase receipt from a licensed pet dealer or aquaculture facility.2Florida Fish and Wildlife Conservation Commission. Freshwater Turtles
Transporting more than one turtle per day is prohibited unless you hold a license for sale or exhibition of wildlife, an aquaculture certification from the Florida Department of Agriculture and Consumer Services, or documentation showing the turtles were legally obtained.2Florida Fish and Wildlife Conservation Commission. Freshwater Turtles Without paperwork, the source of the animal does not matter for enforcement purposes; you are exposed either way.
Eggs and Nests Are Protected Too
Collecting freshwater turtle eggs from the wild is prohibited under Rule 68A-25.002, whatever the species and whatever the purpose.3Legal Information Institute. Florida Administrative Code 68A-25.002 – General Provisions for Taking Nongame Wildlife Softshells nest in sandy soil near the water’s edge in spring and early summer, and disturbing a nest is treated the same as taking an adult turtle.
Injured or Sick Turtles
Finding a hurt softshell does not create a legal loophole. Florida law requires you to contact a licensed wildlife rehabilitator rather than try to care for the animal yourself; keeping any sick or injured wildlife longer than needed to transport it to a rehabilitator is itself a violation.6Florida Fish and Wildlife Conservation Commission. Injured and Orphaned Wildlife
If a softshell shows TFV1 symptoms, note the location and call the FWC regional office or a licensed rehabilitator. Those reports also help the agency track how the virus is moving.6Florida Fish and Wildlife Conservation Commission. Injured and Orphaned Wildlife
Moving a Turtle Out of Florida Adds a Federal Charge
The federal Lacey Act makes it illegal to transport, sell, or acquire any wildlife taken in violation of state law across state lines.7Office of the Law Revision Counsel. 16 USC 3372 – Prohibited Acts Catching a softshell in Florida and driving it to Georgia is both a state wildlife offense and a federal crime. Lacey Act violations carry up to a year in prison and fines up to $100,000 for individuals, with steeper penalties for knowing violations involving wildlife valued above $350.