Agenda 12/09/2025 Item #16K16 (File a lawsuit on behalf of Collier County Board of County Commissioners against Cabull-Link, Inc)12/9/2025
Item # 16.K.16
ID# 2025-4855
Executive Summary
Recommendation to authorize the County Attorney to file a lawsuit on behalf of Collier County Board of County
Commissioners against Cabull-Link, Inc., and any other responsible parties for $16,773.56, in damages caused to the
County’s wastewater lateral line, located at or near the 1585 Gulf Coast Drive.
OBJECTIVE: To recover the money spent by Collier County to repair a wastewater lateral line, damaged by a
negligent contractor Cabull-Link, Inc.
CONSIDERATIONS: On or about March 23, 2023, Cabull-Link, Inc. performed excavation work at 1585 Gulf Coast
Drive, Collier County, Naples, Florida, and damaged the County’s wastewater lateral line. The County engaged
emergency contractors and allocated staff resources to repair the County’s wastewater lateral line, incurring $16,773.56
in damages. The County Attorney’s Office issued a demand to Cabull-Link, Inc., and received no response.
The County recommends Board approval to file a lawsuit in the County Court to recover the damages. Attached is a
draft copy of the complaint, documenting the damage and amount thereof.
By filing this lawsuit to recover damages, the County puts the contractor/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 $350.00 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. – CLD
RECOMMENDATION(S): To authorize the County Attorney to file a lawsuit on behalf of Collier County Board of
County Commissioners against Cabull-Link, Inc., and any other parties responsible for $16,773.56, in damages caused
to the County’s wastewater lateral line, located at or near the 1585 Gulf Coast Drive.
PREPARED BY: Courtney L. DaSilva, Assistant County Attorney
Michael Quigley, Division Director- Risk Management
ATTACHMENTS:
1. Cabull-Link Complaint 120925
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IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA,
Plaintiff,
vs. Case No.: _____________________
CABULL-LINK, INC., a Florida corporation,
Defendant.
_____________________________________/
COMPLAINT
Plaintiff, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, (the “COUNTY”), by and through its undersigned counsel, sues Defendant, CABULL-
LINK, INC. (“CABULL-LINK”), a Florida Profit Corporation, and states as follows:
NATURE OF CLAIMS, THE PARTIES,JURISDICTION, AND VENUE
1. The COUNTY’s claims stem from damage to the COUNTY’s personal property,
specifically a wastewater lateral line, owned, operated, and maintained by the COUNTY, and the
resulting cost of repair and mitigation incurred by the COUNTY.
2. This Court has jurisdiction over this matter, as it is an action to recover damages of
more than $8,000.00 and less than $50,000.00.
3.In personam jurisdiction is properly exercised over CABULL-LINK because
CABULL-LINK is a Florida corporation and Florida courts have personal jurisdiction over all
Florida residents. See, e.g., Subic Bay Marine Exploratorium, Inc. v. JV China, Inc., 257 So. 3d
1139, 1141 (Fla. 5th DCA 2018).
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4. 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
owner of the personal property that is the subject of this litigation and is thus authorized to bring
this action.
5. CABULL-LINK is a profit corporation organized under the laws of Florida, with
its principal place of business at 1690 SW Reynolds St, Arcadia, Florida 34266, in DeSoto County,
Florida, and is authorized to and does conduct business throughout the State of Florida, including
in Collier County.
6. Venue is proper in Collier County, Florida, pursuant to Sections 47.011 and 47.051,
Florida Statutes, 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
7. 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 underground facility
caused by excavation or demolition operations. Fla. Stat. § 556.101(3)(a).
8. 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
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owners of underground facilities of planned excavation or demolition activities. See Fla. Stat. §§
556.103, 556.104.
9. 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.
10. The COUNTY is a “member operator” under the Act.
11. 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). Thereafter, an excavator shall verify the system’s positive responses before
beginning excavation and if an excavator knows that an existing underground facility of a member
operator is in the area, the excavator must contact the member operator if the facility is not marked
and a positive response has not been received by the system. Fla. Stat. § 556.105(9)(c).
12. An excavator shall avoid excavation in the area described in the notice until each
member operator underground facility has been marked and located or until the excavator has been
notified that no member operator has underground facilities in the area described in the notice, or
for the time allowed for markings set forth in Section 556.105, Florida Statutes. Fla. Stat. §
556.105(6)(a).
13. CABULL-LINK is an “excavator” and/or “excavating contractor” under the Act
because they performed the excavation work at issue.
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14. CABULL-LINK is a licensed Certified Underground Utility and Excavation
Contractor in Florida with a license number CUC1226187.
15. On March 14, 2023, CABULL-LINK notified the System of a planned excavation
on or around 1585 Gulf Coast Drive in Collier County, Florida.
16. After receiving the notification, the COUNTY provided a positive response code
“3C” and requested an onsite meeting with CABULL-LINK.
17. The System provides response codes on its website
https://sunshine811.com/response-codes, stating “[n]ext to getting your locate ticket, confirming
and verifying member positive responses is essential to preventing damage to underground
facilities. By comparing what you see at your excavation/dig site to the positive response codes
for your locate ticket, you can determine whether it's safe to begin digging or do some follow up
with the member operator.”
18. The System’s definition of the 3C positive response code on its website
https://sunshine811.com/response-codes is as follows:
3C Unmarked: Locate technician and contractor (excavator) have agreed to meet
on site on a specified date. Excavation site is unmarked. The locate technician and
excavator negotiated an alternate time to meet at the excavation site.
19. CABULL-LINK failed and refused to meet with the COUNTY onsite and
proceeded with the excavation without the COUNTY’s authorization and without the COUNTY’s
utilities being marked.
20. On March 23, 2023, during CABULL-LINK’s excavation work at 1585 Gulf Coast
Drive, CABULL-LINK struck and damaged the COUNTY’s owned, operated, and maintained
wastewater lateral line.
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21. As a result of CABULL-LINK’s negligence, the COUNTY incurred monetary
damages, including but not limited to the cost to repair the COUNTY’s wastewater lateral line in
the total amount of $16,773.56.
22. “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).
23. Accordingly, CABULL-LINK is liable to the COUNTY for the total sum of the
losses to repair the damage caused by CABULL-LINK.
24. All conditions precedent to the relief demanded herein have been performed or
waived.
COUNT I – NEGLIGENCE
25. The COUNTY re-alleges and incorporates by reference its allegations in
paragraphs 1–23, as if fully set forth herein.
26. CABULL-LINK had a duty to verify the system’s positive responses before
beginning excavation. Fla. Stat. § 556.105(9)(c).
27. CABULL-LINK breached the aforementioned duty by failing to respond to the
COUNTY’s response code requesting an onsite meeting to discuss the excavation prior to
excavating.
28. CABULL-LINK also had a duty to avoid excavation in the work area until the
COUNTY’s underground facility was marked and located.
29. CABULL-LINK breached the aforementioned duty by proceeding with the
excavation without ensuring the COUNTY’s underground facility was marked and located.
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30. CABULL-LINK knew that there were COUNTY owned underground facilities in
the work area.
31. CABULL-LINK’s breach of its aforementioned duties is the direct, proximate, and
foreseeable result of the damage caused to the COUNTY’s owned, operated, and maintained
wastewater lateral line at 1585 Gulf Coast Drive.
32. In addition, should a member operator not mark its underground facilities, the Act
imposes a duty on excavators to proceed only “if the excavator does so with reasonable care and
if detection equipment or other acceptable means to locate underground facilities are used.” Fla.
Stat. § 556.105(6)(a).
33. CABULL-LINK had a duty to use increased caution to use reasonable care and
locate the COUNTY’s wastewater lateral line at 1585 Gulf Coast Drive.
34. CABULL-LINK breached the aforementioned duty by failing to use reasonable
care and failing to locate the COUNTY’s wastewater lateral line at 1585 Gulf Coast Drive.
35. CABULL-LINK’s breach of its duty to use reasonable care to locate the
COUNTY’s wastewater lateral line before proceeding with the excavation is the direct, proximate,
and foreseeable result of the damage caused to the COUNTY’s wastewater lateral line.
36. Finally, CABULL-LINK had a duty to exercise due care in the performance of its
excavation at 1585 Gulf Coast Drive which required CABULL-LINK to exercise the degree of
care that a reasonably careful excavator would use under like circumstances.
37. CABULL-LINK breached its duty to exercise due care in the performance of its
excavation at 1585 Gulf Coast Drive, in the following ways:
a. CABULL-LINK knew or should have known that the COUNTY had underground
facilities in the vicinity of the proposed excavation.
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b. CABULL-LINK failed to properly respond to the COUNTY’s positive 3C response
requesting that locate technician and contractor (excavator) meet on site on a specified
date.
c. CABULL-LINK performed an excavation without authorization from the
COUNTY or coordinating the excavation with the COUNTY.
d. CABULL-LINK performed an excavation without first pre-marking or locating the
COUNTY’s underground facility.
38. The damage caused to the COUNTY’s wastewater lateral line was the direct,
proximate, and foreseeable result of CABULL-LINK’s malfeasance described in Paragraph 36,
a.– d.
39. As a result of CABULL-LINK’s negligence, the COUNTY incurred monetary
damages including, but not limited to, $16,773.56 incurred by the COUNTY to repair the
wastewater lateral line, and other direct and consequential damages.
40. CABULL-LINK is liable to the COUNTY for the total sum of the losses incurred
by the COUNTY as a result of its negligence. Fla. Stat. § 556.106(2)(b).
WHEREFORE, the COUNTY demands judgment against Defendant, CABULL-LINK,
INC., 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,
By: _____________________________
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Ronald T. Tomasko
Florida Bar No. 1030999
Courtney L. DaSilva
Florida Bar No. 1032733
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@collier.gov
courtney.dasilva@collier.gov
marian.rhyne@collier.com
rosa.villarreal@collier.gov
juanita.garcia@collier.gov
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