CODING: Words stricken are deletions; words underlined are additions.House Bill 0939
Florida House of Representatives - 1997 HB 939
By Representative Melvin
1 A bill to be entitled
2 An act relating to the Department of Management
3 Services; providing for the relief of Dale R.
4 Cowie; providing an appropriation to reimburse
5 him for expenses incurred in the completion of
6 a state contract; providing an effective date.
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8 WHEREAS, in 1991, Fire Control, Inc., a company which
9 designed and installed fire sprinkler systems, installed
10 sprinkler systems in two single-cell housing units at the
11 Jackson Correctional Institution, state project #DC-89013100,
12 and
13 WHEREAS, because the contract drawings prepared by the
14 architectural firm on the project were erroneous, Fire
15 Control, Inc., incurred an additional expense of $15,401.77 to
16 properly install the system, for which they were never
17 reimbursed, and
18 WHEREAS, Fire Control, Inc., was a subcontractor to J.
19 Kinson Cook, Inc., the general contractor for the Jackson
20 Correctional Institution project, and
21 WHEREAS, J. Kinson Cook's contract was held and
22 administered by the Department of Management Services,
23 formerly the Department of General Services, which was the
24 contracting agency for the project, and
25 WHEREAS, on September 30, 1993, J. Kinson Cook, Inc.,
26 signed a release acknowledging final payment by the state and
27 releasing the Department of Corrections and the Department of
28 Management Services from all claims under the construction
29 contract and any subcontracts for the project, and
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 939
556-131-97
1 WHEREAS, no claim for additional compensation for
2 completion of state project #DC-89013100 was filed against the
3 state by the general contractor, and
4 WHEREAS, though a payment bond was issued by a surety
5 company to cover payments to subcontractors in the event the
6 general contractor failed to pay all expenses owed, the
7 statute of limitations has expired for suits against a surety
8 company on a bond for a public project and for suits against
9 the contractor, and
10 WHEREAS, since 1991, Dale R. Cowie, formerly the
11 president of Fire Control, Inc., has attempted to obtain
12 reimbursement for his company's expenses, and
13 WHEREAS, in September 1995, Fire Control, Inc., ceased
14 operations due to financial difficulties which stemmed in
15 great part from the loss incurred in the performance of this
16 subcontract, and
17 WHEREAS, Dale R. Cowie seeks reimbursement from the
18 Department of Management Services in the amount of $15,401.77,
19 NOW, THEREFORE,
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21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. The facts stated in the preamble to this
24 act are found and declared to be true.
25 Section 2. The Executive Office of the Governor is
26 directed to transfer existing spending authority or establish
27 spending authority from unappropriated trust fund balances in
28 the Department of Management Services in the amount of
29 $15,401.77 to a new category titled "Relief - Dale R. Cowie"
30 as relief for costs incurred in the performance of a state
31 contract.
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 939
556-131-97
1 Section 3. The Comptroller is directed to draw his
2 warrant in favor of Dale R. Cowie in the sum of $15,401.77
3 upon funds of the Department of Management Services in the
4 State Treasury and the State Treasurer is directed to pay the
5 same out of such funds in the State Treasury.
6 Section 4. This act shall take effect July 1, 1997.
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9 HOUSE SUMMARY
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Provides an appropriation of $15,401.77 from funds of the
11 Department of Management Services to Dale R. Cowie as
reimbursement for expenses incurred in the performance of
12 a state contract.
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