The state agency alleges Shamrock or his representative destroyed 13 homes of gopher tortoises, a violation classified as a second-degree misdemeanor. Shamrock's lawyer, Leslie Campione, says her client will appeal the charges to the State Attorney's office because the developer didn't willfully intend to destroy the burrows.

A spokesperson for the Fish and Wildlife agency says a developer has four options in dealing with gopher tortoise burrows on developable land. The options are avoid development in the tortoise area; avoid destroying the burrows; relocate the tortoises on or off the site; and apply for a 'take' permit. The take permit allows the developer to legally destroy the burrows by paying a fee which is used by the state agency to buy additional public land.