44 C.F.R. 206.253(b)(2) provides that if a facility that is insured under a blanket insurance policy is damaged in a similar (other than flood) future disaster; eligible costs will be reduced by the amount of eligible damage sustained on the previous disaster.Here; the $298;052.83 in costs to repair the facility in PW 467 are ineligible because the Applicant utilized a blanket insurance policy at the time of the disaster and the same facility sustained eligible damage in excess of $400;000.00 in a prior; similar; other than flood disaster.Section 705(c) of the Stafford Act bars FEMA from deobligating any payment to a State or local government if: (1) the payment was authorized in an approved agreement specifying the costs; (2) the costs were reasonable; and (3) the purpose of the grant was accomplished. Further; FP 205-081-2; Stafford Act Section 705; Disaster Grant Closeout Procedures; states that this section applies even if FEMA later determines that it made an error in determining the eligibility of the previously awarded funding.
44 Fed. Reg. 64560.Terrebonne Par. Consol. Gov’t; FEMA-1786-DR-LA; at 3-4.Fla. Insurance Guaranty Ass’n v. B.T. of Sunrise Cond. Ass’n; Inc.; 46 So. 3d 1039 (Fla. App. Ct. 2010); S. Fla. Water Mgmt. Dist. v. FEMA; 2014 U.S. Dist. LEXIS 133153 (S.D. Fla. Sept. 17; 2014).Headnotes44 C.F.R. § 206.253(b)(2) provides that if a facility that is insured under a blanket insurance policy is damaged in a similar (other than flood) future disaster; eligible costs will be reduced by the amount of eligible damage sustained on the previous disaster.Here; the $298;052.83 in costs to repair the facility in PW 467 are ineligible because the Applicant utilized a blanket insurance policy at the time of the disaster and the same facility sustained eligible damage in excess of $400;000.00 in a prior; similar; other than flood disaster.Section 705(c) of the Stafford Act bars FEMA from deobligating any payment to a State or local government if: (1) the payment was authorized in an approved agreement specifying the costs; (2) the costs were reasonable; and (3) the purpose of the grant was accomplished. Further; FP 205-081-2; Stafford Act Section 705; Disaster Grant Closeout Procedures; states that this section applies even if FEMA later determines that it made an error in determining the eligibility of the previously awarded funding.