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Second Appeal Summary
PA ID# 000-92111; Florida Department of Business and Professional Regulation
DSR ID# 62077; Emergency Response
Citation: FEMA-1069-DR-FL; Florida Department of Business and Professional Regulation; DSR 62077
Cross Reference: Operating expenses, Emergency work
Summary: Following Hurricane Opal, the Florida Department of Business and Professional Regulation (DBPR) formed two task forces to provide public assistance to residents of the declared disaster areas of Bay and Walton Counties. These task forces were deployed to protect disaster victims from contractor and consumer fraud in the aftermath of the hurricane. On February 2, 1996, damage survey report (DSR) 62077 was written for the amount of $64,762 to reimburse the subgrantee for expenses incurred during this public assistance campaign, including labor, equipment, material, communications, and travel costs. Upon review of DSR 62077, it was determined that the activities conducted by the subgrantee were ineligible for funding on the basis that the work performed was not meeting immediate threats to life and property as provided for under Section 403 of the Stafford Act. The first appeal was denied because there was no documentation to show that any emergency work was being performed. The second appeal was transmitted by the State with a letter dated December 3, 1996. No additional documents were included with this appeal.
Issues: Was the work performed pertaining to an immediate threat?
Findings: No, the work performed was associated with fraud prevention. Documentation has not shown that work performed was more than preventative measures.
Rationale: Section 403 of the Stafford Act provides for essential assistance to meeting immediate threats to life and property resulting from the effects of major disasters. Fraud prevention is not considered an emergency measure to an immediate threat, and funding is therefore ineligible.