HCA challenges property appraisers - Orlando Business Journal:

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The case involves property appraisers' abilitty to subpoena financial records of companiezs in order to do tax It all startedwhen Nashville-based turned down Alachua County Propertg Appraiser Ed Crapo's spring 2006 requestt for financial records in order to audit the tax return of one of the healt h care firm's hospitals. Crapo subpoenaed the recordsz incircuit court, but HCA fough t the subpoena, arguing that the courtf didn't have the authority to compek HCA to produce the records. Orange Countyu Property Appraiser Bill Donegansays he's watching the Alachua case becausse he's dealing with a similar situation with HCA in Central Florida. HCA owns in Kissimmere and in Sanford.
In September the Orange CountyProperty Appraiser'x office requested financial records in order to audit the tangiblee property in HCA's Orlando Regional Data Center at 6203 Chancello r Drive, Suite 800. But in a lettedr dated Sept. 21, HCA told the Orange County Property Appraiser'ws office that providing such documents is voluntary andthat "ab audit ... would serve no useful But, says Donegan, "If what they gave us is why would they object to us trying toverifyy it?" Meanwhile, the court battld in Alachua may not be over yet. a judge in the 8th Judiciapl Circuit in Alachua dismissedthe case. On Oct.
10, the 1st District Court of Appeals ruled that the circuit courts have the authority to allow property appraisersw to subpoena financial records todo "We had reason to believe North Floridsa Regional Hospital's return was incomplete," says "Right now, it looks like they have to give us thei records." Last week, HCA filed a rehearing motio in appeals court, but ultimately could appeal to the Floridaa Supreme Court or continue the legal battl e in circuit court, says Crapo.
"North Florida Regional providerd more than 100 pagesof which, from our standpoint, is more than enoug for the property appraiserr to make an assessment," says HCA spokesman Ed Sherri Johnson, a partner in Dent & Johnsonh Chartered in Sarasota, who represented the Alachua County Propertg Appraiser's office, says the court's rulinb likely will empower other county propertuy appraisers around the state. Before this case, several circuiyt courts ruled againstproperty appraisers, she says.
But with the most recenyt ruling, Johnson says the tide may have In fact, Donegan says if the latesft appellate court ruling sticks, he'll subpoenaq HCA's records and finally do the auditg that's been on hold nearly a year. Should the supremwe court rulein HCA'es favor, Donegan says he'll ask state lawmakerw to clarify property appraisers' auditing power. "The real says Donegan, "is if we are responsible for auditing tax returns for tangible personao property and the company refusese to give usthe documents, how can we do the While Orange County property appraisers may have had difficultu getting financial records from HCA, property appraisers in Osceolas and Seminole say they've had no such problems.
To the "most property appraisers 'smile brightly when we have topay taxes, becausee we're not exempt like nonprofit says Craig Bair, director of marketing for HCA's Central Florida Regional Hospital.