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Tortoise movers sue for USD500,000, say Florida moved too fast » Borneo Bulletin Online

May 12, 2021 DAYTONA BEACH, FLORIDA (AP) Two men who relocate gopher tortoises are suing Florida’s wildlife commission, saying they should be awarded at least USD500,000 in damages because the agency violated due process by prematurely revoking their company’s licence for less than three weeks. The lawsuit names the Florida Fish and Wildlife Conservation Commission and one of its employees, Claire Sunquist Blunden. It was filed in Leon County Circuit Court by Kaiser Consulting Group LLC, Drew Kaiser and John Wilson, The Daytona Beach News-Journal reported. Gopher tortoises are listed as threatened and must be relocated prior to land development. The state accused Kaiser and Wilson of failing to report dead tortoises, overstocking pens for the tortoises and not maintaining a pen that was in disrepair.

Tortoise movers sue Florida for $500,000 in license dispute

By Associated Press AP SHARE DAYTONA BEACH, Fla. (AP) Two men who relocate gopher tortoises are suing Florida’s wildlife commission, saying they should be awarded at least $500,000 in damages because the agency violated due process by prematurely revoking their company s license for less than three weeks. The lawsuit names the Florida Fish and Wildlife Conservation Commission and one of its employees, Claire Sunquist Blunden. It was filed in Leon County Circuit Court by Kaiser Consulting Group LLC, Drew Kaiser and John Wilson, The Daytona Beach News-Journal reported. Gopher tortoises are listed as threatened and must be relocated prior to land development. The state accused Kaiser and Wilson of failing to report dead tortoises, overstocking pens for the tortoises and not maintaining a pen that was in disrepair.

Gopher tortoise movers sue FWC over temporary revocation of permits

But the state revoked their licenses on March 19 because it accused Kaiser and Wilson of failing to report dead tortoises, overstocking pens for the tortoises and not maintaining a pen that was in disrepair. FWC then reinstated their licenses on April 7 in a brief letter in which it described its staff revocation of the permits as a “procedural error.”  The FWC put Kaiser and Wilson out of business without any notice or a hearing or a chance to question or challenge the action, said Kenneth G. Oertel, the Tallahassee attorney who filed the lawsuit against the FWC. “They just took it without any notice, without any process, without anything,” said Oertel. They just wrote them a letter saying your license is terminated . Well, Florida law doesn’t allow an agency to do that. You ve got to give what’s called due process.”

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