LARGO, Fla. — A Largo man is upset and pursuing potential legal action after he says he was forced to pay nearly $1,000 to get his missing pet tortoise back from the animal sanctuary owner who picked him up.
Merrick Westlund says it was nearly a month ago when he came home from his job as a charter boat fishing captain to find his beloved 18-year-old African sulcata tortoise “Shelby” was missing.
Westlund says he began posting signs around his neighborhood, calling the SPCA and animal control to see if they took his tortoise in, checking social media and posting for info to his large social media audience.
He believes the tortoise broke out of her enclosure and through the fence in his backyard. A few weeks later he says a neighbor reached out, "and said that this wildlife place may possibly have my tortoise," Westlund explained, believing it was picked up close to his home.
He was ecstatic to know Shelby was safe and called Vernon Yates, the operator of Wildlife Rescue & Rehabilitation in nearby Seminole, describing Shelby and her unique shell markings.
“He said, 'Yes, I have her,' and the first thing out of his mouth was, 'It's going to cost you a lot of money,'” said Westlund, who says Yates wanted him to shell out more than $1,000 to get her back. He contacted FWC and the Pinellas County Sheriff’s Office to get a resolution. PCSO says they have a report, but it’s considered a civil matter.
Westlund eventually paid $975 to take his tortoise home, showing us the handwritten receipt.
“I still can't believe that I had to pay money for my own pet back, more money than all my pets have cost combined," he said.
Yates is well-known when it comes to animals in the Tampa Bay area. He helped authorities catch loose monkeys and once held big cats, baboons, and other exotics at his property. Yates was even featured on the popular Netflix series “Tiger King.”
10 Tampa Bay talked with Yates about the situation.
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“When somebody has to pay for something, they're not happy. So no, do I expect him to open arms and hug me? No. Is it gonna bother me? Nah,” said Yates who explained he charges $200 to pick up and transport the tortoise, plus $25 dollars a day to board it.
“If you stop and look at it, it actually runs in comparison to all animal shelters, what they're charging at boarding facilities. So we're not out of line,” Yates added.
The SPCA is one of those. The tell 10 Tampa Bay if they were to take in a tortoise, they would have a period of 3-5 days for an owner to claim it, before getting it ready for adoption. If an owner came forward after that period, they would then charge boarding of $25 per day.
But the SPCA and other agencies would also put out information online, on social media and through the Pinellas County lost & found database, something Westlund says Yates never did and he doesn’t deny it.
“There was nobody at home at night apparently and I don't even know which house is [Westlund’s] so no I don't have any responsibility,” Yates said. “It's not my responsibility to find you because you lost your pet. It's your job to find the pet.”
So the price would have increased each day until Westlund found out it was there.
"If he had called the next morning or that night, he could have gotten it back for a hell of a lot less, but if it’s sitting here, it's going to get paid to sit here,” Yates said. "I look at it as I do a much bigger favor because I didn't put a time limit on it.”
This dispute may be decided in a civil court, as Westlund says he plans on suing to get his money back. A legal expert we spoke with says he may have a case, as animals are considered property under Florida law.
“I just don't see much success that the court would say yes, you're required to pay this guy $1,000 for the boarding fees when he never asked for that. And candidly, the guy never really did anything to try to find the owner,” Attorney Charles Gallagher said.
For now, Westlund says he’s just glad Shelby is eating grass back at home, and he’s working to fortify her enclosure so she doesn’t get out again.
“Any creature around you for a number of years, let alone 18 years is a connection that money, money's not really what it's about,” Westlund added.