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In Florida, the gopher tortoise is listed as Threatened. Both the tortoise and its burrow are protected under state law. Gopher tortoises must be relocated before any land clearing or development takes place, and property owners must obtain permits from the FWC before capturing and relocating tortoises.
Gopher Tortoise Permits The Conservation permit is available for development projects which require the relocation of gopher tortoises when more than 10 burrows occur on the development site. This permit allows for relocation off-site to a FWC-permitted Recipient Site.
Gopher tortoises share their burrows with more than 350 other species, and are therefore referred to as a keystone species. In Florida, the gopher tortoise is listed as Threatened.
The gopher tortoise was listed as a Species of Special Concern in Florida in 1979 and was reclassified as a State-designated Threatened species in 2007; FWC created its first Gopher Tortoise Management Plan following this reclassification.
Pocket gophers are a native wildlife species, so they are protected by Florida Law. It is not legal in Florida to make above ground broadcast applications of poison baits to control nuisance wildlife species.
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Florida law prohibits any person from killing or wounding gopher tortoises, which are considered threatened in the state of Florida. Violating the law is a third-degree felony and punishable by up to five years in prison, a $5,000 fine or both.

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