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Second Appeal Brief
PA ID# 111-99111-00; St. Lucie County
PW ID# PWs 803, 1884, 1921; Insurance Requirement
Citation: FEMA-1785-DR-FL, St. Lucie County, Insurance Requirement, Project Worksheets (PWs) 803, 1884, and 1921
Reference: Insurance Purchase Requirement
Summary: St. Lucie County (Applicant) received funding to repair damages to the Smithsonian Marine Center, Mets Sports Complex, and Fairwinds Golf Course as a result of Hurricanes Frances, Wilma and Jean. Project Worksheets (PW) were prepared for PW 803 for $1,853, PW 1884 for $2,090, and PW 1921 for $2,656. As part of FEMA’s insurance review of PW 803, 1884 and 1921, FEMA discovered that the Smithsonian Maine Center, Mets Sports Complex, and Fairwinds Golf Course received funds as a result of a prior disaster and required to obtain and maintain appropriate insurance on this facility. FEMA de-obligated the funds because the Applicant received funding for the aforementioned facilities from a previous disaster of the same type. In its First appeal, November 23, 2009, the Applicant asserts that repair costs to the facilities are eligible for the deductible portion of the Applicant’s insured property. FEMA denied the appeal stating that pursuant to FEMA Disaster Assistance Fact Sheet 9580.3 ” a deductable, up to and including the amount of eligible damages incurred in a previous disaster, is not eligible for the same facility in a subsequent disaster of the same type.” The Applicant has received FEMA funding for repairs to damages sustained during a previously declared event.
Issue: Is the Applicant eligible for funding for the same facilities when the Applicant received funding in a subsequent disaster of the same type?
Rationale: Section 311 (a) and (b) Insurance of the Robert T. Stafford Disaster Relief and Emergency Assistance Act; 44 Code of Federal Regulations (CFR) §206.253
Insurance requirements for facilities damaged by disasters other than flood; and Disaster Assistance Fact Sheet DAP9580.3 Insurance Considerations for Applicants.