Improper Purpose: The Defense Tha...
Improper Purpose: The Defense That Almost Never Works

Unsealed by Joel Chandler

Episode notes

In 2017, the Florida Legislature quietly created a new weapon for agencies facing public records lawsuits: the “improper purpose” defense under § 119.12, Florida Statutes.

The idea was simple, stop the so-called “cottage industry” of public records litigation. But nearly a decade later, one thing is striking:

There is almost no appellate case law explaining what “improper purpose” actually means.

In this episode of Unsealed, Joel Chandler takes a deep dive into the legislative history behind the amendment, the House and Senate staff analyses, and the practical reality of how agencies use this defense in court. Drawing from hundreds of public records cases — and depositions where he has been directly questioned about his motives — Joel explains:

• What the statute actually says • What the Legislature claimed it was ... 

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