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- M M Probable Viewpoint of the Entities Involved Property Appraisers The Property Appraiser on advice of counsel has determined that filings under Section 196.195, F.S., are confidential under Section 193.074, F.S. There is authority to support this position. once having taken this position and there has been no Department of Revenue, statutory, or judicial position to the contrary, the Property Appraiser is duty bound not to release this information. Mr. Zorc: Mr. Zorc as a private citizen has a right to review all public records not exempt from The Public Records Law. Mr. Zorc believes that the Property Appraiser is incorrect in his interpretation of the law. There is authority to support this position. Under Section 119.12, F.S., Mr. Zorc has standing (just as much standing as the County) to.bring a civil action to compel release of the information. If he is correct, then the Property Appraiser must pay all attorney's fees. Mr. Zorc appears reluctant to bring this action probably because he may lose and, therefore, not be able to recover his attorney's fees. Indian River County: The problem has been brought to the County's doorstep.by Mr. Zorc for the reason stated above. There is, however, no evidence that there is anything wrong with any of the applications. There is merely an allegation that these records should be made public. Absent some evidence of fraud in some applications, there appears to be no compelling reason for the Board to proceed without='an actual case or controversy, but rather it should rely on the Property Appraiser to carry out'his constitutional and statutory duties properly and as he sees fit. One matter within the Board's jurisdiction is the requirement for an annual application. Under Section 196.011(9)(a), F.S., the Board may waive the requirement for an annual application and as a corollary may require an annual application. A full annual application for submission under Section 196.195, F.S., should be required. Possible Courses of Action 1) Inform the Property Appraiser that under Section 196.011(9)(x), F.S., there is no annual waiver for applications filed pursuant to Section 196.195, F.S. 2) Do nothing because there is no evidence of fraud and Mr: Zorc has standing to take whatever action he deems fit. 3) Request Mr. Nolte to ask the Department of Revenue as to whether an application submitted pursuant to Section 196.195, F.S., is confidential and abide by the decision of the Department of Revenue. 4) Bring a court action against the Property Appraiser seeking a determination as to whether submissions under Section 196.195, F.S., are confidential. Recommendations Staff recommends courses of action 1 and 3. Annual applications should be required when non-profit organizations are concerned so that any change of status or operation can be detected by the Property Appraiser. A decision by the Department of Revenue would resolve the question that exists about the confidentiality without resorting to court action. Staff recommends against courses of action 2 and 4. To do nothing still leaves many unanswered questions. To bring an internecine lawsuit would only be an expense to the taxpayers as they would be paying for both sides to determine a question that has not generated any known problem or fraud and is not a question peculiar to Indian River County. In view of the foregoing, a draft letter to the Property Appraiser (copy attached) has been prepared incorporating courses of action 1 and 3 as recommended by staff. 23 November 15, 1994 BOOK 93 PACEtJ