In a recent court decision that could potentially deter citizens from readily exercising their right to public information, Jacksonville's Curtis Lee has been ordered to pay sizable legal fees after losing a public records lawsuit. Lee, who previously engaged in litigation against government agencies regarding public records laws, sued the State Attorney's Office for the Fourth Judicial Circuit in 2020, claiming they had violated the Florida Public Records Act through delayed responses to his requests. However, in a comprehensive defeat, a judge has now ruled for Lee to bear the cost of the State Attorney's Office legal fees amounting to $134,000.
According to First Coast News, the judgment points to a specific case where the court construed that the SAO had not violated the Public Records Act by failing to provide the requested documents.
Further clarification came from a WOKV report, in which the judge emphasized, "This is an extraordinary case in that the SAO repeatedly offered to provide Mr. Lee with any public record he wanted without litigation, and Mr. Lee chose to sue anyway."
While the outcome could send ripples through the community of activists and concerned citizens who rely on public records to hold authorities accountable, the State Attorney's Office has expressed relief. State Attorney Melissa Nelson told The Jax Daily Record, "This litigation wasted office resources and taxpayer money, and it was totally unnecessary. We are grateful that the taxpayer dollars the office has been forced to spend on this lawsuit will be returned and can be used for their intended purpose."
The court's determination was bolstered by a 2017 amendment to Florida's public records laws, allowing the recovery of legal costs in cases deemed frivolous or improper. Though Lee, who was represented by the Bedell Firm, already plans to appeal the ruling according to his statement in the Jax Daily Record, the current decision remains a staunch reminder of the fiscal risks associated with challenging government bodies in the judicial arena.
