Is it Gopher Tortoise Day or Groundhog Day? Two essential reads from 2022

Happy Gopher Tortoise Day Apopka!

Today, April 10th, 2023, marks the first anniversary of Gopher Tortoise Day in Apopka. And although they are two very different species, you might get Gopher Tortoise Day mixed up with Groundhog Day, at least the Bill Murray movie version of Groundhog Day.

Alarm Clock switches from 5:59 am to 6 am... radio plays Sonny and Cher...

"Then put your little hand in mine... there ain't no hill or mountain we can't climb. Babe... I've got you babe... I've got you babe..."

Here we are, a year removed from the 2021 Apopka Gopher Tortoise Day proclamation, and things are just about the same in the ongoing Rock Springs Ridge saga. The RSR Homeowners Association Board is still attempting to trade the gopher tortoise lands to the Golf Group for the golf course lands, just as they were in April 2021.

But rather than rehash the entire story, here are two articles about the origins of Apopka Gopher Tortoise Day that will sound a lot like April 2023. 

Happy Gopher Tortoise Day - Now hit the road

(Republished from March 17th, 2022)

Apopka resident Sue Moyer had a very specific ask of the Apopka City Council at its March 16th (2022) meeting during public comments.

"I stand before you tonight to ask you to support no development on the gopher tortoise conservation area. And I'm asking for a motion from the City Council to recognize April 10th as GopherTortoise Day in Apopka," she said.

She also had an ulterior motive that went beyond the proclamation.

"I believe that it's very unethical for the [Rock Springs Ridge] HOA board members to try to swap the conservation area for a defunct golf course in order to prevent any potential building on the golf course," Moyer told the Council. "Why is it okay to build 300 townhomes on gopher tortoise conservation land when we've already been through the discussion that, at the most, they can build 17 homes on the defunct golf course."

Moyer is referring to the latest deal between the RSR Homeowners Association and the Golf Group (owners of the defunct Rock Springs Ridge Golf Course).

Apopka Mayor Bryan Nelson announced it at the March 2nd City Council meeting.

"The Golf Group will pay the HOA $1.2 million. It will fix their clubhouse roof, their irrigation system at the clubhouse and repave the clubhouse parking lot," Nelson said. "They [the Golf Group] will develop the 51 acres that they're going to transfer. They will have a 200-foot buffer from Sand Wedge Loop. Obviously... the City of Apopka will help facilitate cleaning up the plan development documents so that we've got just the... what we built on the 51 acres will close down the PUD inside Rock Springs, the current Rock Springs Ridge development."

When 'perpetual' no longer means forever

The swap, however, includes the 51-acre parcel on Kelly Park Road so endearingly called the Gopher Tortoise Conservation Area. Except, unlike a proclamation for Gopher Tortoise Day, the 51 acres has been under a conservation easement with the Florida Fish and Wildlife Commission since 2002, which is in effect FOREVER.

So, it's a little more binding than a proclamation. However, it's the second part of Nelson's March 2nd announcement that seems to run counter to signing off on Gopher Tortoise Day. 

"Now that, I think, is good news," Nelson said. "The challenges still remain... the gopher tortoise relocation and how that is handled, is still to be determined. And I think probably the bigger... the more problematic area will be whether they can move the conservation easement from that 51 acres to somewhere else. So I don't say it's a done deal. I wouldn't even say it's probable, but possibly somewhere between possible and probable. But I think the conservation easement is going to be the real stumbling block because the Governor, who has shown his environmental creds, is going to take a hard look at this. He has to approve this. So if we can get the conservation easement moved, get the gopher tortoises moved, I think the rest of that should fall into place. What we've got to do is give them the ability to build on the 51 acres... and we want to close down the ability to build any more houses on what's already currently there."

I would push back a bit on at least two statements Nelson brings to light here. First, I'm not sure that Florida panthers, gopher tortoises, or manatees would agree that Gov. Ron DeSantis has environmental cred, given the recent plight of all three during his term. But since there has been no reversal of the conservation easement on the Gopher Tortoise Conservation Area, I will hold my ultimate judgment on that matter.

Second, how does a mayor proclaim GopherTortoise Day in Apopka on April 10th, while at the same time rooting for the gopher tortoise conservation lands to be sold and developed? You understand the gopher tortoises don't get to stay in Apopka if the land is developed, right? They either get moved to a faraway land, or they get paved over to die a slow and painful death underneath a new real estate development.

Gopher Tortoise Day - April 10th

It was the GopherTortoise Council that officially adopted April 10th as Gopher Tortoise Day. In Florida, gopher tortoises are found in parts of all 67 counties and frequently encountered in neighborhoods, along roadways, and in many of Florida's public parks and forests.

The goal of GopherTortoise Day is to increase awareness and appreciation for these long-lived, gentle reptiles. The goal of GopherTortoise Day is NOT to use it as a prop while also working openly to sell off their 20-year habitat.

Gopher tortoises are considered a keystone species because they dig burrows that provide shelter for 360 other species of wildlife. To put it in terms that illustrate the gopher tortoise's importance, they are, ironically, developers of affordable housing for their ecosystems.

And in 2002, RSR acknowledged that land was to be protected and voluntarily placed a conservation easement on it. Here is just a little of the language of what it would take to reverse that easement:

INTENT OF PERPETUAL CONSERVATION EASEMENTS

Acceptance of conservation easements by the Florida Fish and Wildlife Conservation Commission (FWC) is a transfer of property rights intended to protect and conserve habitat for wildlife in perpetuity. Perpetual easements are commonly provided for mitigation and conservation purposes to offset impacts. When a landowner grants FWC an easement, it is understood that the transfer of title interest is permanent and that both parties to the easement understand the intent is for permanent conservation. As stewards for wildlife, FWC accepts these permanent easements with the understanding that the habitat will be permanently protected from development or as otherwise specified in the easement. 

That's the first paragraph of an eight-page document, and it uses the words perpetuity, perpetual, permanent, and permanently seven times. 

I talked to the FWC last summer when the idea of selling the gopher tortoise lands first surfaced, and they did not make it sound like something between possible and probable.

"The only time a gopher tortoise easement has been “reversed” is when an ITP [Incidental Take Permit] was voided and no action was taken under that permit," said Carli Segelson of the FWC. "In our experience, it has been rare."

Proclamation vs. Resolution

I'm sorry RSR HOA. It's not an easy process, because you're not supposed to change your mind once you make the commitment to protect an important and threatened species. You took on the role of stewards of those creatures by setting that land aside 20 years ago. You made the choice, for whatever reason, to protect the gopher tortoises... not just until you find a buyer.

And one last thought for the Apopka City Council. During this discussion, it seemed as though you were more interested in debating the merits of a proclamation vs. resolution. And that's fine. It's important you use your Council to arrive at the best decisions for Apopka. But please, do not vote for a Gopher Tortoise Day only to turn around and endorse mitigation efforts that would relocate or exterminate them later - for the sake of another development.

Imagine if Abraham Lincoln treated the Emancipation Proclamation the same way.

According to its website, the Gopher Tortoise Council officially adopted April 10th as Gopher Tortoise Day. 

"The goal of Gopher Tortoise Day is to increase awareness and appreciation for these long-lived, gentle reptiles. In Florida, gopher tortoises are in all 67 counties, frequently encountered in neighborhoods, roadways, and many of Florida's public parks and forests. There are celebrations and events in other cities and at Florida State Parks to build awareness, learn about tortoises, hear their stories of survival, and get an up-close look at this fascinating threatened species."

City Council approves Florida Gopher Tortoise Day in Apopka; but will the gopher tortoises survive?

(Republished from April 6th, 2022)

The Apopka City Council, at its April 6th meeting, passed Resolution #2022-14, which makes April 10th Florida Gopher Tortoise Day in Apopka. 

But in Apopka, it's not so much a celebration of the gopher tortoise as it is a fight for the species' very survival in its own habitat. A habitat allegedly protected in perpetuity, according to the State of Florida.

Before the vote, which went in favor of Gopher Tortoise Day 5-0, City Attorney Michael Rodriguez wanted to make it clear that the resolution itself was not binding in any way.

"This is a ceremonial resolution," said Rodriguez. "So these are really aspirational goals in order to bring forth awareness. This resolution does not have the effect of law... does not have any regulatory or administrative authority over the City, but is merely a ceremonial proclamation declaring a day for gopher tortoise day and bringing awareness."

But Commissioner Kyle Becker wanted to add meaning to the resolution.

"The heavier weight on that "whereas statement" is vital for the conservation and long-term survival," said Becker. "So that's the spirit of that particular line."

Michelle Chase, a newly re-elected member of the Rock Springs Ridge Homeowners Association Board working on a land swap of the Gopher Tortoise Conservation Area for the golf course lands at RSR, wanted confirmation that the resolution would not harm the deal.

"I guess I'm going along because this has been brought forward to you by some of our residents, of course, because you know that we're going to be selling that parcel that has an easement on it," said Chase, not convinced by the definition Rodriguez gave to the resolution as ceremonial. "So I ask, when that petition or that application comes up here, what bearing is that going to have on that?"

"We have no bearing with that conservation easement, so the city has no interest in that," Becker said.

"Okay. That's what I was asking," Chase said. "If the proclamation is going to have any bearing on it. It's our parcel, and it is our easement or the developers to remove... just wanted to make sure that one doesn't affect the other."

"Well, I think the purpose of the resolution... the spirit of a conservation easement in its current form is a state of perpetuity," said Becker. "And I would think that when the state agency that is looking at removing that... or doing anything differently with it if they look at their local municipalities, they will see value in the preservation or protection of that species that would bear some sort of weight in that decision-making process."

After hearing Becker's statement, Mayor Bryan Nelson asked Rodriguez to clarify what this resolution would entail concerning the easement on the property. 

"Local governments do not regulate in terms of these environmental regulations," said Rodriguez. "It's going to be deferred to the state. And especially the way that the legislature conducts itself. Any type of override can expect a pretty hefty slap from the legislature if we were to overreach into those areas. And again, this is a ceremonial proclamation. This would be like proclaiming... Willie Mays Day." 

Two weeks ago, Nelson seemed to be in favor of developing the property when he said this at the March 16th City Council meeting:

"The challenges still remain," he said. "The gopher tortoise relocation and how that is handled is still to be determined. And I think probably the bigger... the more problematic area will be whether they can move the conservation easement from that 51 acres to somewhere else. So I don't say it's a done deal. I wouldn't even say it's probable, but possibly somewhere between possible and probable. But I think the conservation easement is going to be the real stumbling block because the Governor, who has shown his environmental creds, is going to take a hard look at this. He has to approve this. So if we can get the conservation easement moved, get the gopher tortoises moved, I think the rest of that should fall into place. What we've got to do is give them the ability to build on the 51 acres... and we want to close down the ability to build any more houses on what's already currently there."

But Becker, in response to Rodriquez, wanted to make it clear he was not simply passing a "Willie Mays Day" kind of resolution but making a statement supporting the protection of gopher tortoises.

"I'm not going to sit here and waste time passing a resolution that I think is just ceremonial... that doesn't mean anything," he said. "I'm going to approve a resolution because I think that there's value in protecting the species called the gopher tortoise. And I think that's why I made the comment that I did. I am fully aware that the City has no bearing on the decision of whether or not that conservation easement exists for perpetuity, as it is stated, or it comes away and is done differently. That's not the purview of this Board. But I will say that there's value in having it there. And that's my opinion. That's why I would support passing a resolution like this."

Sue Moyer, who initially suggested the resolution at the March 16th City Council meeting, explained that protecting this threatened species is a longstanding tradition in the state.

"Gopher tortoises have been protected in Florida since 1975," she said. "This is not something that's merely a ceremonial thing. Students were taught this when our development was put forth in the late 90s. In April 2002, they had to set aside this area, this 51 acres, the gopher tortoise area, all across our neighborhood to be able to build there because there is value in protecting the species because they are a keystone species. And 350 species require the burrows that the gopher tortoises make for their survival. There's a whole ecological system that goes around the gopher tortoises. So that's more than just something ceremonial. It's living out and protecting our nature and not just doing something that doesn't mean anything. I agree with Commissioner Becker. We need to start protecting our species and not just building over them or doing the "pay for play" that many developments seem to get away with and then just pave over the gopher tortoises and have them suffocate underground so that we can put in more buildings." 

Not convinced that her last trip to the microphone resonated enough, Chase returned to offer an alternative idea for Gopher Tortoise Day.

"That's great, and if you're going to do that, I would ask that the City find all the turtles in Apopka and note where they are," she said. "Not just the ones that are on the 51-acre conservation area but on the 318 acres of land that we're trying to purchase... they're all over Apopka, so if we're going to have the day, I think you should recognize that on all homeowner parcels."

Wow. Let me see if I can clear a few things up for Chase and the new Board before they start their term next week. 

First off, the resolution is for ALL gopher tortoises (as opposed to turtles) in Apopka. And I understand you may feel singled out as the Cruella de Vil of gopher tortoises. But here's why.

There are no gopher tortoises in Apopka living in peril except those in the Gopher Tortoise Conservation Area. The place they should be most secure. You remember that property. It's the one you so cleverly call the "51-acre Kelly Park property" or the "out parcel". But at the end of the day, it's still the Gopher Tortoise Conservation Area. If you aren't sure, there are still signs marking it. It's under an environmental easement that YOUR BOARD willingly agreed to in 2002, which is perpetual - that means forever.

And forever is a long time - well over 20 years.