On November 16, 2022, a registered person won an order to be removed from the registry (State of Florida v. David Whitehead F95-37823) after 20 years in the state of Florida, beating the 2007 amendment, as the judge in the case said it was punitive in nature and could not be applied retroactively.  

The state then appealed the decision.

The appellate court ruled on March 20, 2024, to affirm the November 16, 2022, decision with the whole appellate court reaching a decision without an opinion.  This virtually makes it non appealable to a higher court.  Most supreme court cases will not be picked up if it is an appeal without an opinion.

To summarize, the registered citizen was removed from the registry after 20 years, with the 2007 law mandating a 25-years waiting period being found to not be applicable in his case as the provision was deemed punitive and cannot be applied retroactively.  The state appealed and lost.

Florida Action Committee is grateful for the work that Attorney Ron Kleiner has put into this case.


See the order HERE (Third District Court of Appeal – Case Number 3D2022-2119 – State of Florida v. David Whitehead – Opinion-Disposition)

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