The Applicant has not demonstrated it owns or operates an eligible PNP facility that provides noncritical, essential social services. Therefore, the Applicant is not eligible for PA funding and this appeal is denied. Appeal Letter SENT VIA EMAIL Kevin Guthrie Director Florida Division of Emergency Management 2555 Shumard Oak Blvd. Tallahassee, Florida 32399-2100 Shana Gudgel President Serenity Island, Inc. 2081 Palomino Drive Titusville, Florida 32796 Re: Second Appeal – Serenity Island, Inc., PA ID: 127-U39JU-00, FEMA-4673-DR-FL, Request for Public Assistance, Private Nonprofit Dear Kevin Guthrie and Shana Gudgel: This is in response to the Florida Division of Emergency Management’s (Recipient) letter dated June 12, 2024, which transmitted the referenced second appeal on behalf of Serenity Island, Inc. (Applicant). The Applicant, a Private Nonprofit (PNP) organization, is appealing the U.S. Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of its Request for Public Assistance. As explained in the enclosed analysis, I have determined the Applicant has not demonstrated it owns or operates an eligible PNP facility that provides noncritical, essential social services. Therefore, the Applicant is not eligible for PA funding and this appeal is denied. This determination is the final decision on this matter pursuant to 44 C.F.R. § 206.206, Appeals. Sincerely, /S/ Robert Pesapane Division Director Public Assistance Division Enclosure cc: Robert D. Samaan Regional Administrator FEMA Region 4 Appeal Analysis Background From September 23 to November 4, 2022, Hurricane Ian made landfall in Florida with strong winds, storm surge, and heavy rain, resulting in damage to Serenity Island, Inc.’s (Applicant) houseboat, utilities’ cabin, and two cottages (properties).[1] The Applicant, a Private Nonprofit (PNP) organization, submitted a Request for Public Assistance (RPA) seeking funds to repair its properties but did not provide a damage description or an associated claim for reimbursement. The Applicant provided a letter verifying its tax-exempt status, and stated it provided non-critical essential social services such as rehabilitation services and residential services to families of domestic abuse and individuals with disabilities.[2] On April 11, 2023, FEMA issued a Determination Memorandum denying the Applicant’s RPA, finding the Applicant did not demonstrate it owned or operated an eligible PNP facility. First Appeal On June 5, 2023, the Applicant submitted its first appeal, asserting it was an eligible PNP, and provided additional documentation related to its tax-exempt status. In its appeal letter, the Applicant stated its purpose was “to give individuals a means to get out in nature.”[3] The letter also provided a link to the Applicant’s website, which states that its mission was “empowering individuals to thrive by harnessing the healing energy of nature.”[4] The Applicant’s appeal clarified the services it provided, stating it was difficult to choose a particular category on its initial PNP profile because the Applicant offered a diverse array of services. The Applicant described the activities conducted at the properties as weddings, recreational activities for pilots of ultralight aircraft, fishing tours for blind veterans, and spiritual healing events such as yoga and meditation, which it stated were attended by individuals that have suffered trauma, including veterans with post-traumatic stress disorder. The Applicant also stated it provided shelter to individuals who were temporarily homeless so they could have a safe place to stay. The Applicant stated its events were open to the public and were donation-only. On July 31, 2023, the Florida Division of Emergency Management (Recipient) forwarded the Applicant’s appeal to FEMA with its support. The Recipient stated that, contrary to FEMA’s conclusion, the Applicant’s services and events were open to public and were not limited to a specific group of individuals. On October 18, 2023, FEMA issued a Request for Information (RFI), seeking layouts of the properties and documentation detailing the services the Applicant provided, the locations where the services were provided, and a layout with the associated building square footage for spaces where the Applicant performed eligible services. FEMA also asked for additional information about visitors’ access to the island and the process for sheltering homeless individuals. The Applicant responded on November 17, 2023. The Applicant identified 10 separate spaces on the island, including a single covered carport tent used for temporary sleeping quarters of homeless individuals who call the Applicant seeking a quiet place to heal. The Applicant also submitted various photographs of events at the island, including weddings, spiritual healing events, and recreational events for pilots of ultra-light planes, photographs of island visitors, flyers, social media posts, and a letter to colleges advertising its healing events and the rental availability of its island. On February 14, 2024, the FEMA Region 4 Regional Administrator denied the appeal. FEMA found that the Applicant had not demonstrated that it owned or operated an eligible PNP facility, or that it provided eligible services at the time of the disaster. Instead, FEMA found that the primary events at its properties were sporadic and that the services provided were recreational or athletic in nature, and, therefore, were ineligible. Second Appeal On April 14, 2024, the Applicant submitted its second appeal to the Recipient, with previously submitted documentation provided in support. The Recipient transmitted the appeal to FEMA in a letter dated June 12, 2024. Discussion To be eligible for Public Assistance (PA), a PNP organization must show that it owns or operates an eligible PNP facility.[5] An eligible PNP facility is one that provides an eligible critical service (e.g., educational, utility, emergency, medical or custodial care) or provides an eligible noncritical, but essential social service and provides those services to the general public.[6] Eligible PNP noncritical, essential social services include non-medical rehabilitation services, residential or other services for families of domestic abuse, residential services for individuals with disabilities, and homeless shelters.[7] In cases where the facility provides multiple services, FEMA reviews additional items to determine the primary service that facility provides.[8] Facilities established or primarily used for political, athletic, recreational, vocational, or academic training, conferences, or similar activities, or for meetings or activities for only a brief period or at irregular intervals, are not eligible.[9] It is the applicant’s responsibility to provide documentation to substantiate its claim as eligible and to clearly explain how those records support the appeal.[10] If an applicant does not provide sufficient documentation to support its eligibility, FEMA cannot provide PA funding.[11] Here, the Applicant asserts that it provides eligible noncritical essential social-type services. The Applicant has provided documentation attesting to its nonprofit status and its ownership of the properties in question. However, it does not demonstrate that the properties provide eligible PNP services. The Applicant has stated: (1) its mission is dedicated to “empowering individuals to thrive by harnessing the healing energy of nature”; (2) its purpose “is to give individuals a means to get out in nature”; and (3) it offers wellness gatherings, weddings, and festivals.[12] These statements indicate that the properties are primarily used for ineligible recreational or similar activities. FEMA requested the Applicant identify the services offered at its facilities and provide documentation that demonstrated the amount of physical space dedicated to eligible services but the Applicant’s response did not demonstrate that the properties were primarily used for eligible services.[13] Although the Applicant claims that it provides eligible non-medical rehabilitation services, residential or other services for families of domestic abuse, and residential services for individuals with disabilities, and states that it hosts fishing tours for blind veterans and offers shelter to temporarily homeless individuals who request it, the Applicant’s documentation does not demonstrate that it offers these services at regular intervals or that these are the primary services that it provides at any of the properties. In addition, the Applicant’s documentation shows it provides other events, such as weddings and recreational activities for ultra-light aircraft pilots, which do not meet the definition of an eligible noncritical essential social service.[14] Therefore, the Applicant has not provided documentation that demonstrates it owns or operates an eligible PNP facility. Conclusion