MANATEE COUNTY — As coastal areas of Manatee County continue recovery efforts following Hurricane Helene’s damaging storm surge, officials warn residents to be wary of online misinformation and to protect themselves against post-disaster scammers.
On Thursday, the county’s communications division issued a statement in reference to a social media post circulating online. The post was shared by multiple profiles and posted to various neighborhood or community Facebook or Nextdoor groups.
The post warned property owners that city and county officials were conducting damage assessments and that the result of the assessment could mean determining a structure as “substantially damaged.” According to the post, such a determination would mean a “tear down” of the structure would be imminent.
Following a hurricane or other natural disaster, local government officials will conduct assessments to collect information about the level of damage. A Preliminary Damage Assessment (PDA)—sometimes referred to as a "drive-by" or "windshield" assessment—and a more detailed type of structural assessment called a Substantial Damage Determination.
The PDA is an assessment that surveys a storm's overall damage and impact on a community. These assessments are completed in the immediate aftermath of a storm. The information collected is used to determine whether the disaster requires federal assistance and which aid programs will be activated in response.
A Substantial Damage Determination is also a FEMA-required survey process. It is unrelated to federal assistance program activations; rather, it is a requirement for damaged structures within flood hazard zones.
The social media post that officials with Manatee County are cautioning residents about containing misinformation references local "damage assessments" and FEMA’s “50% Rule.”
As part of the National Flood Insurance Program (NFIP), FEMA’s 50% Rule prohibits improvements or repairs to any structure within a flood zone that exceeds 50% of the structure's assessed value without bringing the entire structure into full compliance with current flood regulations—for older structures, this often means rebuilding to higher elevation requirements.
When structures inside a flood hazard area are damaged, communities that participate in the National Flood Insurance Program are required to assess impacts before repairs can be made, no matter the cause of damage. Failure to comply with the requirements could negatively impact a community’s CRS (Community Rating System score), which is used to calculate flood insurance premium discounts.
Under the program, discounts received from a community's rating (CRS) are applied to insurance premiums for all policies within a participating community. These discounts are applied even to policy purchasers not in a flood zone.
Along with the loss of more affordable flood insurance, when NFIP communities fail to comply with the rules, it can impact access to federal grants, loans, mortgage insurance, or federal disaster assistance for structures in flood hazard areas.
While the social media post correctly stated that there is a 50% Rule, it became misleading when it advised that avoiding damage assessments would spare the property owner having to comply with the 50% Rule and when it stated that a determination of substantially damaged automatically results in a “complete teardown."
FEMA provides a survey tool that local officials use to make Substantial Damage Determinations. If the repairs needed to return a structure to its pre-damaged condition will equal or exceed 50% of the structure's market value (not including the value of the land), the structure is considered to be “substantially damaged.”
Local officials use property assessments of the local property tax appraiser to determine the value of a building or home.
However, a determination that a structure is substantially damaged does not mean the building has been condemned. The determination is also not a definitive finding that the structure cannot be repaired or that the 50% threshold will be exceeded.
Responding to TBT by email, an official with Manatee County explained, “Property owners will still need to work with their insurance, permitting, FEMA (if applicable) and their contractor to make sure all regulations and thresholds are met… Not all structures (who receive the determination) will be required to be rebuilt. It depends if the structures are legally non-compliant and if the 50% threshold was exceeded.”
FEMA’s 50% Rule does not only come into play after a disaster either, so attempting to avoid a post-storm damage assessment is unlikely to result in a property owner avoiding the rule.
The 50% rule also applies to any substaintial construction or renovations, as well as repairs to structures in a flood zone. Permits for substantial remodels, or upgrades, such as new kitchens, roofs, windows, and doors, or other improvements, could also trigger the rule.
In either situation, building permit applications on a flood-zone-located structure will be scrutinized by building officials. Under the rule, permits can not be approved for work on a non-compliant structure without requiring repairs or improvements to bring the structure into compliance with the current building code and elevation requirements if the total cost of that work equals or exceeds 50% of the structure's appraised value.
Property owners whose structures are within flood zones that have been determined to be “substantially damaged” will receive a letter from their city or county informing them of the determination and the permitting and building requirements under the 50% rule.
Property owners whose cost of repairs will meet or exceed 50% of their structure’s value and whose structure is not built to current floodplain and code requirements have no way to legally get around FEMA’s 50% Rule.
Local governments provide an appeal process for property owners who feel the assessed value of their property is inaccurate or that the cost of repairs would not exceed the rule’s threshold.
This process can include the ability to appeal the tax appraiser’s assessed value by hiring a state-licensed appraiser and obtaining an independent certified property appraisal. The determination can also be appealed by obtaining more detailed repair-cost estimates from a licensed contractor and/or engineer and submitting a building permit able to demonstrate the work to repair the structure is less than 50% of its value.
For property owners whose situations are subject to the 50% Rule, there may be assistance programs and/or grant opportunities they might qualify for that could help with the additional expense of rebuilding to the current floodplain requirements.
Besides potentially misleading information being spread on social media, there have also been reports that investors have approached residents of Anna Maria Island's cities, hoping to persuade property owners to cash out their damaged properties.
Some residents have reported being approached in the days immediately following the storm and being told by would-be purchasers of the risks of a “substantial damage” determination, that it would be too expensive to rebuild or repair their homes, and that insurance claims or securing a contractor would take far too long, and selling now would save the hassle.
Manatee County Commissioner George Kruse told TBT by phone that he has not only heard constituent accounts of being approached by investors seeking to “buy them out” but that he had personally witnessed property investors photographing damaged homes and writing down addresses.
Expressing his frustration with the tactic, Kruse said, “Coming in—presumably to make lowball offers—before these property owners have barely had time to clean out their belongings or had their damages professionally assessed, it just isn’t right.”
The commissioner said he hopes residents who are approached by someone offering to buy them out so soon after the storm, particularly if that individual seems to be applying scare tactics or pressure to persuade them, will resist making any rash decisions under duress.
“File your claims, get your estimates, speak with a contractor or relevant professionals,” he encouraged. “And if, in the end, you decide the best choice for you is to sell, make sure you are getting a fair price for your property.”
On Wednesday, the Federal Communications Commission (FCC) issued a warning to victims of Hurricane Helene to “watch out for scams” related to other aspects of recovery.
The federal agency’s message began, “Natural disasters and severe weather can create opportunities for fraud in their wake, occurring at a time when people may be especially vulnerable..."
The FCC warns citizens that there is no fee required to apply for or to get disaster relief, and officials with disaster assistance agencies like FEMA do not call or text asking for financial information.
“Never reveal any personal information unless you’ve confirmed you’re dealing with a legitimate official,” the FCC advised.
The agency provided similar guidance regarding phone calls from anyone claiming to be an agent of a property owner's insurance provider. The FCC noted that scammers pretending to be contractors and home improvement companies may also call victims claiming to be partners with insurance providers. Consumers should never provide policy numbers or coverage details to any person or company that they have not entered into a contract with, especially by phone.
The FCC says residents should also watch out for those looking to profit from disaster charity scams. Those donating to disaster relief efforts can protect themselves by donating to well-known charities.
To read all the details of the FCC’s advice to consumers after the storm, click here.
Local and state officials, including law enforcement and the Florida Department of Business and Professional Regulation (DBPR), are also warning citizens to be cautious of unlicensed contractors.
Qualified contractors are often in high demand following a disaster, and unqualified workers or scammers may attempt to take advantage of residents who require expert advice or service quickly.
Officials offer these tips when hiring a contractor: Have your insurance company evaluate damage before you hire someone to make repairs; obtain at least three estimates; check a company or individual professional’s online reputation or reviews; and never pay the full amount for repairs upfront.
Don’t be fooled by unsolicited offers to perform repairs at a discount. If an offer seems too good to be true, it probably is.
Officials recommend verifying an individual holds the appropriate active license by searching the DBPR Online Services website before hiring their services or paying any money.
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