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 trying to prevent • Why the defense is rarely successful • How agencies attempt to weaponize it anyway • Why motive generally does not matter under Florida’s Public Records Act • And what happens when transparency advocates lean into the question instead of avoiding it
No judge has ever found Joel’s requests were made for an improper purpose. But that hasn’t stopped agencies from trying.
This episode exposes the gap between legislative rhetoric and courtroom reality — and asks a hard question:
If transparency is a right, why are agencies so focused on the requester's motive?
This is a deep, fact-driven analysis grounded in legislative history and real litigation experience. If you care about Florida open government law — or you’re facing the improper purpose defense yourself — this episode is essential listening.
