What happened
A trial court granted Angel Garcia’s petition for removal from Florida’s registry. FDLE moved to vacate the order and then appealed.
State appeals court Not yet final
Florida Dept. of Law Enforcement v. Garcia
No. 4D2025-2547 (Fla. 4th DCA Sept. 2, 2026)
Registry removal is a civil matter, FDLE can appeal a removal order, and the law in force when a petition is filed governs it.
- Court
- Florida Fourth District Court of Appeal
- Decided
- September 2, 2026
- Reach
- Florida’s Fourth District — in conflict with the Second
- Verified
- October 15, 2026
Not yet final. Not final: the rehearing deadline was extended to November 2, 2026 and no mandate has issued. Binds lower courts in its district or state until the state high court says otherwise.
What the court decided
The Fourth District reversed. Removal proceedings are civil, not criminal; FDLE has standing under § 943.0436(3) to challenge an order affecting its duty to keep the registry; and the version of § 943.0435 in force when the petition is filed governs. The court expressly disagreed with the Second District’s jurisdictional analysis in Korson.
Why it matters to the Registry
Florida’s districts now disagree on whether removal orders can be appealed, which makes a Florida Supreme Court decision more likely. For petitioners, it also means later changes to the removal statute can apply to them.
What it did not decide
It is not yet final. It did not decide whether any particular person is eligible for removal.
Developments
Fourth District reverses the removal order; disagrees with Korson.
Related
Related cases
- State v. KorsonState appeals court · 2025
- Florida Action Committee, Inc. v. GlassFederal trial court · 2026
The statute in LawLookup
Registry Wire coverage
- Florida Supreme Court twice declines State's bids to review orders removing registrantsOct. 2, 2026 · Florida
- Florida's registry-removal split is over who can appeal, not who qualifiesOct. 2, 2026 · Florida
- Florida's Fourth District holds registry removal is civil and lets FDLE appeal itSept. 22, 2026 · Florida
Sources
- Opinion — CourtListener (primary)
Last verified against the sources above on October 15, 2026.
Legal Disclaimer
These are plain-language summaries of court decisions, written for general education. A ruling binds only the courts beneath the court that issued it, later decisions and new laws can change what it means, and how it applies to any one person depends on facts a summary cannot capture. Read the opinion itself, and talk to a lawyer licensed in your state before relying on any case. This page is not legal advice.