Appeal Brief Appeal Letter

Appeal Brief

ApplicantBay County
Appeal TypeSecond
PA ID#005-99005-00
PW ID#GMP 105278
Date Signed2024-05-15T16:00:00


Appeal Letter


Kevin Guthrie


Florida Division of Emergency Management

2555 Shumard Oak Blvd

Tallahassee, Florida 32399-2100


Maranda Griffin

Chief Budget Director

Bay County

8400 West 11th Street

Panama City, Florida 32401


Re:Second Appeal – Bay County, PA ID: 005-99005-00, FEMA-4399-DR-FL, Grants Manager Project  105278 – Appeals


Dear Kevin Guthrie and Maranda Griffin:

This is in response to a letter from the Florida Division of Emergency Management’s (Recipient) office dated April 26, 2024, which transmitted the referenced second appeal on behalf of Bay County (Applicant). The Applicant is appealing the U.S. Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of costs pertaining to building contents, equipment and supplies, and requesting $1,349,264.11 on second appeal.

Section 423(a) of the Stafford Act provides that any decision regarding eligibility for assistance may be appealed within 60 days after the date on which the applicant is notified of the award or denial of assistance. Implementing this provision, Title 44 of the Code of Federal Regulations, section 206.206(c) (2018), requires that applicants must file appeals within 60 days after receipt of a notice of the action that is being appealed. Recipients must then review and forward appeals within 60 days after receipt of the appeal from the applicant. 

According to the Administrative Record, the Applicant received notice of FEMA’s denial by way of a first appeal response on July 24, 2023, and filed its second appeal on September 16, 2023. However, the Recipient did not transmit the second appeal until April 26, 2024. This was after the 60 calendar-day timeframe required by FEMA’s regulations, making the second appeal untimely. Therefore, this appeal is denied.

This determination is the final decision on this matter pursuant to 44 C.F.R. § 206.206, Appeals.




                                                                                         Robert Pesapane


                                                                                         Public Assistance Division


cc: Robert D. Samaan

Regional Administrator

FEMA Region 4

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