NEWS UPDATE: October 11, 2021 LAND DEVELOPMENT, ZONING & ENVIRONMENTAL | GOVERNMENT AFFAIRS

ABOUT US PRACTICE AREAS NEWSROOM ‌ ‌ ‌

Development Demand Drives Opportunity for Conservation of Gopher Tortoise Sites As has been reported recently, demand is extremely high to relocate Gopher Tortoises due to ongoing development across Florida. Gopher Tortoises inhabit relatively large parcels of undeveloped upland with well-drained, sandy soils that are often ideal for building. However, Florida law designates the Gopher Tortoise as a threatened species and strictly prohibits the harassment, molestation, damage, or destruction of Gopher Tortoises or their burrows.  Activities that can lead to rule violations include clearing, grading, paving, bulldozing, digging, building construction, and site preparation for development. Any development or land clearing that will come within 25 feet of an active Gopher Tortoise burrow requires a permit from the Florida Fish and Wildlife Conservation Commission (FWC). These permits require relocation of all tortoises, either on-site, if site conditions permit, or off-site to a permitted recipient site. FWC does not issue permits that authorize death or injury of a tortoise—all tortoises must be removed from harm’s way. To meet this demand the FWC has created the Gopher Tortoise Recipient Site Program. This program allows landowners to charge a market-based fee for each tortoise received at the recipient site from donor site landowners or developers. A recipient site may be privately or publicly owned, and must be at least 250 acres, have suitable soil, and meet other criteria for suitable habitat.   Limited recipient site capacity due to development pressure has caused FWC to encourage landowners to permit their agricultural lands as recipient sites. FWC has committed to working with landowners to develop their properties as recipient sites where appropriate, and has waived its so-called “100-mile rule,” which limits the relocation of gopher tortoises to recipient sites more than 100 miles north or south of their home territory. The demand for Gopher Tortoise recipient sites is only expected to increase if the U.S. Fish and Wildlife Service (USFWS) extends the tortoise’s federally threatened designation under the Endangered Species Act to include all of the animal’s range. USFWS is expected to make that determination in the summer of 2022. In early 2021, the Center for Biological Diversity filed a formal notice of intent to sue the USFWS for delaying federal protection for Gopher Tortoises in Florida and elsewhere in the Southeast (Eastern range). The species already has federal protection in western Alabama, Mississippi and Louisiana (Western range).  Our Land Development, Zoning & Environmental practice has extensive experience advising clients on all matters related to listed species including regulation, permitting, enforcement, and state and federal rule development. Recent additions to the Stearns Weaver Miller team have been heavily involved in the creation and implementation of the Gopher Tortoise program and can help clients navigate the challenges and opportunities of Gopher Tortoise conservation. For more information, please contact us. MEET THE AUTHORS Amelia Savage Tallahassee Email | View Bio Susan Stephens Tallahassee Email | View Bio Jacob Cremer Tampa Email | View Bio Jeffrey A. Collier Tampa Email | View Bio Felicia Kitzmiller Tallahassee Email | View Bio Special thanks to Samantha Seiglie who assisted in the drafting of this alert. Samantha is a second year Juris Doctor Candidate at Florida State University College of Law.

MEET OUR LAND DEVELOPMENT, ZONING & ENVIRONMENTAL TEAM

Manuel Agosto-Matos* Elise Batsel Reggie Bouthillier Glenn Burhans, Jr. Christopher Clark

Jeffrey Collier Abigail Corbett Jacob Cremer Samantha Decker Peter Desiderio

Carl Eldred Vinette Godelia Maria Gralia Donell Hicks Alice Huneycutt

Jessica Icerman Felicia Kitzmiller Melanie Leitman Albert Lichy Kenneth Metcalf, AICP*

John Muratides Nicole Neugebauer Kelly O'Keefe Yuliya Olvy* Marco Paredes, Jr.

Darrin Quam Kevin Reali Sabrina Weiss Robinson Gigi Rollini Amelia Savage

Christopher Smith* David Smith* Mark Solov Cynthia Spidell, MBA, AICP* Susan Stephens

Erin Tilton F. Joseph Ullo Ronald Weaver ‌ ‌

*Manuel Agosto-Matos, Ken Metcalf, Yuliya Olvy, Chris Smith, David Smith and Cynthia Spidell are not attorneys and are not authorized to practice law. Ken, David and Cynthia are highly experienced planners. Ken and Cynthia are AICP certified. Chris is a highly experienced GIS analyst. Manuel and Yuliya are highly experienced real estate analysts.

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About Stearns Weaver Miller    Stearns Weaver Miller Weissler Alhadeff & Sitterson is a full service law firm with offices in Miami, Fort Lauderdale, Tampa, Tallahassee, and Coral Gables, Florida. We offer multidisciplinary solutions with a focus on Litigation & Dispute Resolution, Bankruptcy & Creditors' Rights, Corporate & Securities, Government & Administrative, Labor & Employment, Real Estate, Real Estate Finance, Commercial Finance and Loan Restructuring & Workouts, Land Development, Zoning & Environmental, Marital & Family Law and Tax. For more information, please visit stearnsweaver.com.