Florida Fish and Wildlife Conservation Commission officials arrested a man accused of painting a turtle named Raphael red last month near Montverde, according to an affidavit.
FWC officials said Edwin Escalera, an employee of a nearby sealcoating business, improperly dumped a five gallon bucket of paint and concrete down a hole in the ground.
Escalera told investigators he did not know the turtle was in the hole.
A Good Samaritan on April 15 found the turtle slowly crossing County Road 455 just south of the town of Montverde.
Investigators found the business nearby and saw similar looking paint.
Escalera is facing felony littering and misdemeanor possession of a gopher tortoise.