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BOOK U3 PAGE 444 <br />David C. Nolte, ASA <br />October 3, 1994 <br />Page Two. <br />I am sure you are aware that Mr. Zorc, or any other concerned tax payer has a right <br />to file a lawsuit so that the Circuit Court can decide whether or not the record <br />' requested falls under the recognized, exception to the public record law. In the event <br />a member of the public is successful in obtaining release of records that a government <br />official has attempted to withhold under the public records exception, such member <br />of the public would be entitled to such reasonable attorney's fees incurred in forcing <br />the official to reveal those records which should properly be made public. Therefore, <br />I urge you to reconsider your previous decision and allow Mr. Zorc to review your <br />department's rile to determine whether or not your department made the proper <br />finding prior to awarding tax exempt status to the Orange Blossom Village. <br />Thank you for your considcration. <br />u <br />cc: Indian River County Commission <br />Mr. Frank L. Zorc <br />Frank Zorc, 2501 27th Avenue, thanked the Board for the <br />opportunity to speak and stated that he just wants the right to <br />inspect the public records covering non—profit tax exemption <br />status, particularly a retirement village with offices in Atlanta, <br />Georgia. He was told that he could not see documents dealing with <br />the exemption status and on September 10, 1994, he wrote to <br />Property Appraiser David Nolte asking to review the records before <br />the tax rolls closed. However,: Mr. Nolte refused to open the <br />records to him which is why he is appealing to the Board. He felt <br />the taxpayers have the right to access these records. <br />James P. Wilson, Attorney representing Mr. Zorc, maintained <br />the records compiled by the County should be made public with <br />certain exceptions. He emphasized that they have no option but to <br />go to Circuit Court if their request is denied. <br />Assistant County Attorney O'Brien advised that these <br />exemptions are renewed each year unless waived and the applicant <br />must file a financial history. He agreed with Attorney Wilson that <br />the statute regarding non-profit exemption states that these are <br />public records; however, the Property Appraiser is an independent <br />constitutional officer and the Board has no right to compel him. <br />OCTOBER 4, 1994 14 <br />