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Appeal Brief Appeal Letter

Appeal Brief

ApplicantMiami-Dade County
Appeal TypeSecond
PA ID#086-99086-00
PW ID#GMP 4929/PW 7404
Date Signed2024-04-10T16:00:00


Appeal Letter


Kevin Guthrie                                     


Florida Division of Emergency Management 

2555 Shumard Oak Blvd.

Tallahassee, Florida 32399-2100


Madelin Rizzo

Controller - Finance

Miami-Dade County

111 N.W. I St., Suite #2550

Miami, Florida 33128


Re:Second Appeal – Miami-Dade County, PA ID: 086-99086-00, FEMA-4337-DR-FL, 
Grants Manager Project 4929/Project Worksheet 7404 – Appeals


Dear Kevin Guthrie and Madelin Rizzo:

This is in response to a letter from the Florida Division of Emergency Management’s (Recipient’s) office dated February 23, 2024, which transmitted the referenced second appeal on behalf of Miami-Dade County (Applicant). The Applicant is appealing the U.S. Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of $3,729,977.28 for vegetative debris removal from its secondary canals and culverts.

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) (2016), 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 of its first appeal by way of a first appeal response on September 14, 2022, and filed its second appeal dated November 8, 2022. The Recipient received the appeal on November 9, 2022. However, the Recipient did not transmit the appeal until February 23, 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