Agenda 06/24/2025 Item #16K1 (File Lawsuit Against All Wired Communications, Inc. for $101,238.04 in Damages to Wastewater Pipelines)6/24/2025
Item # 16.K.1
ID# 2025-1979
Executive Summary
Recommendation to authorize the County Attorney to file a lawsuit on behalf of Collier County Board of County
Commissioners against All Wired Communications, Inc. and any other responsible parties for $101,238.04 in damages
caused to eleven 6-inch wastewater lateral pipelines located at or near 91st Avenue N., 92nd Avenue N., 93rd Avenue N.
and 6th Street N.
OBJECTIVE: To recover the money spent by Collier County to repair multiple 6-inch wastewater lateral pipelines
damaged by a negligent sub-contractor All Wired Communications, Inc.
CONSIDERATIONS: On or around July 29, 2023, the first incident was discovered, revealing that employees of All
Wired Communications, Inc. had damaged 6-inch wastewater lateral pipelines while installing placement of new fiber
optic cable using a cased directional bore as subcontractors on projects P. 053989, P. 059480 and P. 053968. There were
ten additional incidents thereafter. The County engaged emergency contractors and allocated staff resources to repair
multiple 6-inch wastewater lateral pipelines, incurring $101,238.04 in damages. All Wired Communications, Inc. has
been consistently approached by the County's third-party adjuster, Davies, and has officially received a denial letter
from Liberty Mutual, the liability insurer.
The County recommends Board approval to file a lawsuit in Circuit Court to recover the damages. Attached is a draft
copy of the complaint, along with corresponding backup materials documenting the damage and amounts thereof.
By filing this lawsuit to recover damages, the County puts the subcontractor on notice that they will be held responsible
for their negligent actions.
FISCAL IMPACT: The cost to file and serve a Complaint is approximately $450.00 and funds are budgeted and
available in the Risk Management Property & Casualty Fund 5016
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for
Board approval. –RTT
RECOMMENDATIONS: To authorize the County Attorney to file a lawsuit on behalf of Collier County Board of
County Commissioners against All Wired Communications, Inc. and any other parties responsible for $101,238.04 in
damages caused to eleven 6-inch wastewater lateral pipelines located at or near 91st Avenue N, 92nd Avenue N, 93rd
Avenue N and 6th Street N.
PREPARED BY: Ronald T. Tomasko, Assistant County Attorney
Michael Quigley, Division Director-Risk Management
ATTACHMENTS:
1. Draft Complaint All Wired
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL DIVISION
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA,
Plaintiff,
vs.
ALL WIRED COMMUNICATIONS, INC., a
Florida Profit Corporation,
Defendant.
/
Case No.:
COMPLAINT
Plaintiff, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA (“COUNTY”), by and through its undersigned counsel, sues Defendant All Wired
Communications, Inc., a Florida Profit Corporation, (“ALL WIRED”), and states as follows:
NATURE OF CLAIMS, THE PARTIES, JURISDICTION. AND VENUE
1. The County’s claims stem from ALL WIRED’s damage to the COUNTY’s
personal property, specifically directional boring damage to eleven underground 6-inch
wastewater lateral pipelines owned, operated, and maintained by the COUNTY, and the resulting
cost of repairs incurred by the COUNTY.
2. This Court has jurisdiction over this matter, as it is an action to recover damages in
excess of $50,000.00, exclusive of interest, costs, and attorneys’ fees.
3. The COUNTY, as the governing body for Collier County, Florida, a political
subdivision of the State of Florida, and as the ex-officio governing board of the Collier County
Water-Sewer District, an independent special district created by the Florida Legislature, is the
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owner of the personal property that is the subject of this litigation and is thus authorized to bring
this action.
4. ALL WIRED is a Profit Corporation organized under the laws of Florida, with its
principal place of business at 5805 206th Terrace North, Loxahatchee, FL 33470, in Palm Beach
County, Florida, and is authorized to and does conduct business throughout the State of Florida,
including in Collier County.
5. Venue is proper in Collier County, Florida, pursuant to Florida Statutes section
47.051, because (i) this is an action against a domestic corporation, (ii) Collier County is where
the instant cause of action accrued, (iii) Collier County is where the property in litigation is located,
(iv) the property damage occurred in Collier County, and (v) the amounts due to the COUNTY are
due in Collier County.
FACTUAL ALLEGATIONS
6. In 1993, the Florida Legislature enacted the “Underground Facility Damage
Prevention and Safety Act,” Chapter 556, Florida Statutes (“the Act”), to prevent injury to persons
or property and the interruption of services resulting from damage to an undergrou nd facility
caused by excavation or demolition operations. Fla. Stat. § 556.101(3)(a).
7. The Act created a not-for-profit corporation called Sunshine State One-Call of
Florida, Inc. (“the Corporation”), and requires the Corporation to maintain a free-access
notification system (the “One-Call System” or “System”) which excavators can use to notify
owners of underground facilities of planned excavation or demolition activities. See Fla. Stat. §§
556.103, 556.104.
8. The Corporation is comprised of the owners of underground facilities in the State
of Florida, which are called “member operators” by the Act. Fla. Stat. § 556.104.
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9. The County is a “member operator” under the Act.
10. Under the Act, “excavators” and “excavating contractors” are required to notify the
System and provide information about a planned excavation at least two full business days before
beginning any excavation. Fla. Stat. § 556.105(1). The System then notifies member operators
with underground facilities near the planned excavation, who are required to “identify the
horizontal route by marking to within 24 inches born the outer edge of either side of the
underground facility by the use of stakes, paint, flags, or other suitable means within two full
business days after the time the notification is received” from the System. Fla. Stat. § 556.105(5)
(emphasis added).
11. ALL WIRED is an “excavator” and/or “excavating contractor” under the Act.
12. At all relevant times, ALL WIRED engaged in the placement of new underground
fiber optic cable work at multiple locations in Collier County.
13. At all relevant times, ALL WIRED was the excavating sub-contractor of projects
P.059480, P.053968 and P.053989 that involved the placement of new underground fiber optic
cable work as sub-contractor at or near 91st Avenue N., 92nd Avenue N., 93rd Avenue N. and 6th
Street N., in Collier County, Naples, FL.
14. ALL WIRED engaged placement of underground fiber optic cable by means of
trenched and cased directional bore work in Collier County, FL.
15. On or about July 29, 2023, COUNTY discovered that employees of ALL WIRED
COMMUNICATIONS, INC., while engaged in the placement of fiber optic cable using a cased
directional bore as part of projects P.059480, P.053968, and P.053989, negligently caused damage
to 6-inch wastewater lateral pipelines.
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16. Following the initial incident, Plaintiff identified additional occurrences of damage
at or near various locations, including properties along 6th Street North as well as 91st, 92nd, and
93rd Avenues North for a total of eleven occurrences of damage. Specifically, wastewater lateral
line damage was observed at 9111 6th Street North, 563 91st Avenue North, 521 92nd Avenue
North, 585 92nd Avenue North, 655 92nd Avenue North, 687 92nd Avenue North, 691 92nd
Avenue North, 835 92nd Avenue North, and 668 93rd Avenue North. Additionally, two separate
incidents of damage occurred at 834 93rd Avenue North.
17. “If any excavator fails to discharge a duty imposed by [the Act], the excavator, if
found liable, is liable for the total sum of the losses to all parties involved as those costs are
normally computed.” Fla. Stat. § 556.106(2)(b).
18. All conditions precedent to the relief demanded herein have been performed or
waived.
COUNT I –NEGLIGENCE
Breach of the duty to identify and protect underground facilities within the Tolerance Zone of ALL
WIRED’ excavation.
19. The County re-alleges and incorporates by reference its allegations in paragraphs
1–18, as if fully set forth herein.
20. The Act imposes a duty on excavators to use increased caution to identify and
protect underground facilities when an excavation is to take place within a “tolerance zone.” Fla.
Stat. § 556.105(5)(c). “The protection requires hand digging, pot holing, soft digging, vacuum
excavation methods, or similar procedures to identify underground facilities.” Id.
21. The Act defines “tolerance zone” as “24 inches from the outer edge of either side
of the exterior surface of a marked underground facility.” Fla. Stat. § 556.102(15).
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22. ALL WIRED had a duty to use increased caution to identify and protect the
COUNTY’s wastewater lateral line.
23. ALL WIRED breached the duty stated in Paragraph 21 by failing to use increased
caution to identify and protect the COUNTY’s wastewater lateral pipelines before proceeding with
its excavation.
24. The damage ALL WIRED caused to the COUNTY’s wastewater lateral pipelines
was the direct, proximate, and foreseeable result of ALL WIRED’s breach of duty stated in
Paragraph 21.
25. As a result of ALL WIRED’ negligence, the COUNTY incurred monetary damages
including, but not limited to, the $101,238.04 incurred to repair the damaged wastewater lateral
pipelines, and other direct and consequential damages.
26. ALL WIRED is liable to the COUNTY for the total sum of the losses incurred by
the COUNTY as a result of ALL WIRED’s negligence. § 556.106(2)(b).
WHEREFORE, the COUNTY demands judgment against ALL WIRED for damages,
together with prejudgment interest and costs, and for such other or further relief as this Court
deems equitable and just under the circumstances.
COUNTY II – NEGLIGENCE
Breach of the duty to perform an excavation in a careful and prudent manner and to exercise due
care in the performance of work.
27. The County re-alleges and incorporates by reference its allegations in paragraphs
1–18, as if fully set forth herein.
28. “Obtaining information as to the location of an underground facility from the
member operator as required by this chapter does not excuse any excavator from performing an
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excavation or demolition in a careful and prudent manner, based on accepted engineering and
construction practices, and it does not excuse the excavator from liability for any damage or injury
resulting from any excavation or demolition.” Fla. Stat. § 556.106(2)(c).
29. The Act imposes a duty on excavators to perform excavations in a careful and
prudent manner, based on accepted engineering and construction practices. Fla. Stat.
§556.106(2)(c).
30. ALL WIRED had a duty to perform an excavation in a careful and prudent manner,
based on accepted engineering and construction practices.
31. ALL WIRED breached the duty stated in Paragraph 29 by failing to perform its
excavation in a careful and prudent manner, based on accepted engineering and construction
practices.
32. The damaged caused to the COUNTY’s wastewater lateral pipelines was the direct,
proximate, and foreseeable result of ALL WIRED’s breach of duty stated in Paragraph 29.
33. As a result of ALL WIRED’s negligence, the COUNTY incurred monetary
damages including, but not limited to, the $101,238.04 incurred to repair the damaged wastewater
lateral pipelines, and other direct and consequential damages.
34. ALL WIRED’s receipt of information as to the location of the County’s wastewater
lateral pipelines does not excuse ALL WIRED from the duty to perform its excavation in a careful
and prudent manner, based on accepted engineering and construction practices, and it does not
excuse ALL WIRED from liability for the damage caused to the COUNTY’s wastewater lateral
pipelines. Fla. Stat. § 556.106(2)(c).
35. ALL WIRED is liable to the COUNTY for the total sum of the losses incurred by
the COUNTY as a result of ALL WIRED’s negligence. § 556.106(2)(b).
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WHEREFORE, the COUNTY demands judgment against ALL WIRED for damages,
together with prejudgment interest and costs, and for such other or further relief as this Court
deems equitable and just under the circumstances.
COUNTY III – NEGLIGENCE
Breach of the common law duty to exercise due care in the performance of work.
36. The County re-alleges and incorporates by reference its allegations in paragraphs
1–18, as if fully set forth herein.
37. ALL WIRED had a duty to exercise due care in the performance of its excavation,
which required ALL WIRED to exercise the degree of care that a reasonably careful excavator
would use under like circumstances.
38. ALL WIRED breached its duty to exercise due care in the performance of its
excavation, in the following ways:
a. ALL WIRED failed to identify and protect marked underground facilities
within the tolerance zone (i.e., 24-inches) of its excavation.
b. ALL WIRED failed to comply with its Right of Way Installation Plan by
failing to verify no underground utilities conflict with its excavations.
c. ALL WIRED failed to contact the COUNTY when ALL WIRED did not
find the COUNTY’s wastewater lateral pipelines during its hand dig.
d. ALL WIRED assumed it was clear of marked underground utilities without
identifying and protecting all utilities marked in conflict with their excavations.
39. The damage caused to the COUNTY’s wastewater lateral pipelines was the direct,
proximate, and foreseeable result of ALL WIRED’s malfeasance described in Paragraph 38, a.–d.
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40. As a result of ALL WIRED’s negligence, the COUNTY has incurred monetary
damages including, but not limited to, the $101,238.04 incurred to repair the damaged lateral
pipelines, and other direct and consequential damages.
WHEREFORE, the COUNTY demands judgment against ALL WIRED for damages,
together with prejudgment interest and costs, and for such other or further relief as this Court
deems equitable and just under the circumstances.
DEMAND FOR JURY TRIAL
The County hereby demands a jury trial on all issues so triable.
Respectfully submitted,
_____________________________
Ronald T. Tomasko
Florida Bar No. 1030999
Collier County Attorney’s Office
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112-5746
Telephone: (239) 252-8400
Facsimile: (239) 252-6300
Counsel for Plaintiff COLLIER COUNTY
ronald.tomasko@colliercountyfl.gov
marian.rhyne@colliercountyfl.gov
rosa.villarreal@colliercountyfl.gov
juanita.garcia@colliercountyfl.gov
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