State Attorney seeking more than $100,000 in legal fees from Jacksonville public records activist

Jacksonville, Fla. — A Jacksonville public records activist could be on the hook for at least $130,000 in attorney’s fees accrued by the local state attorney’s office while defending itself against one of his lawsuits.

The judge’s decision on those fees could have wide-ranging impacts in terms of government transparency according to open-government advocates.

It stems from a public records lawsuit filed by Curtis Lee back in 2020, in which he was seeking information related to increased costs being charged by the state attorney’s office for public records requests.

>>> STREAM ACTION NEWS JAX LIVE <<<

[DOWNLOAD: Free Action News Jax app for alerts as news breaks]

Read: Council committee concerned with ‘escalated’ cost of Jacksonville’s riverfront parks

“It concerned me that the charges were going up,” said Lee.

He lost the case, which would normally mean he’d just have to cover his own legal fees.

But citing a law passed in 2017, which allows government agencies to collect attorney’s fees for lawsuits stemming from frivolous public records requests, the State Attorney’s Office is asking the judge to make Lee cover its legal costs as well.

“They don’t like people like me who do public records requests. They don’t like people like me who criticize the conduct of her office,” said Lee.

David Cuillier with the UF Freedom of Information Project argued Lee’s suit does not reflect the spirit of the frivolous litigation state law is meant to target.

“He was too passionate about finding what the government’s up to, but that’s not a crime,” said Cuillier.

Read: Florida lottery sales decline due to rising necessity costs in the state

Florida has some of the broadest public records laws in the country, but Cuillier argued if the judge rules against Lee, the legal precedent would make it riskier for everyday Floridians to hold the government accountable.

“It’s actually average people and businesses. They’re the ones who rely on these public record laws. And we’re talking about backgrounding your baby sister. You want to make sure they’re not a pedophile, right?” said Cuillier.

A spokesperson for the state attorney’s office pushed back on that characterization.

“We continue to be transparent and a model office in working with the public, defense counsel, and media to provide public records. The only precedent being set is the discouragement of frivolous, unnecessary lawsuits that harm taxpayers,” said David Chapman, Communications Director for the 4th Circuit State Attorney’s Office.

The judge has asked for the State Attorney’s Office and Lee to submit their arguments for or against the proposed fee motion by October 11th.

It’s not clear when a ruling will be issued.

Read: ‘There will be repercussions:’ Elderly woman killed, another in critical condition after being hit by car

[SIGN UP: Action News Jax Daily Headlines Newsletter]

Click here to download the free Action News Jax news and weather apps, click here to download the Action News Jax Now app for your smart TV and click here to stream Action News Jax live.