Agenda 03/24/2026 Item #16K 2 (Authorize the County Attorney to file a lawsuit on behalf of Collier County Board of County Commissioners against Utilities One Inc., and Reycamp Cable Construction, LLC)3/24/2026
Item # 16.K.2
ID# 2026-536
Executive Summary
Recommendation to authorize the County Attorney to file a lawsuit on behalf of Collier County Board of County
Commissioners against Utilities One Inc., and Reycamp Cable Construction, LLC, and any other responsible parties, for
$32,612.58 in damages caused to the County’s wastewater lateral line, located at or near 3723 Kent Drive.
OBJECTIVE: To recover the money spent by Collier County to repair a wastewater lateral line, damaged by a
negligent contractors Utilities One Inc. and Reycamp Cable Construction, LLC.
CONSIDERATIONS: On or about April 2, 2024, Reycamp Cable Construction, LLC performed underground boring
work at 3723 Kent Drive, Collier County, Naples, Florida, and damaged the County’s wastewater lateral line. Reycamp
Cable Construction, LLC performed the work at issue on a CenturyLink Communications, LLC/Lumen Technologies,
Inc. project. Utilities One Inc. served as the general contractor for the project and had a duty to supervise Reycamp
Cable Construction, LLC, among other duties. The County engaged emergency contractors and allocated staff resources
to repair the County’s wastewater lateral line, incurring $32,612.58 in damages. The County Attorney’s Office issued a
demand to Reycamp Cable Construction, LLC, 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 $450.00. Funds are available in the
Water-Sewer District Operating Fund (4008).
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 Utilities One Inc., and Reycamp Cable Construction, LLC, and any other responsible
parties, for $32,612.58 in damages caused to the County’s wastewater lateral line, located at or near 3723 Kent Drive.
PREPARED BY: Courtney L. DaSilva, Assistant County Attorney
Michael Quigley, Division Director- Risk Management
Joseph Bellone, Division Director- Utilities Finance
ATTACHMENTS:
1. Reycamp Complaint 2.27.26
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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.: _____________________
UTILITIES ONE INC., a New Jersey Profit
Corporation, and REYCAMP CABLE
CONSTRUCTION, LLC, a Florida Limited
Liability Company,
Defendants.
_____________________________________/
COMPLAINT
Plaintiff, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, (the “COUNTY”), by and through its undersigned counsel, sues Defendants,
UTILITIES ONE INC. (“UTILITIES ONE”) and REYCAMP CABLE CONSTRUCTION,
LLC (“REYCAMP”), a Florida Limited Liability Company, 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.
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3. In personam jurisdiction is properly exercised over REYCAMP because
REYCAMP is a Florida Limited Liability Company 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).
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. REYCAMP is a limited liability company organized under the laws of
Florida, with its principal place of business at 7279 Quail Hollow Boulevard, Wesley
Chapel, Florida 33544, in Pasco County, Florida, and is authorized to and does conduct
business throughout the State of Florida, including in Collier County.
6. UTILITIES ONE is a New Jersey Profit Corporation with its principal place
of business at 300 West Somerdale Road, Suite 5, Vorhees Township, New Jersey 08043.
UTILITIES ONE is authorized to and does conduct business throughout the State of
Florida, including in Collier County, and has several office locations throughout the State
of Florida, including in Fort Myers and Bonita Springs, both of which are in Lee County,
Florida.
7. Venue is proper in Collier County, Florida, pursuant to Section 47.011,
Florida Statutes, because (i) Collier County is where the instant cause of action accrued,
(ii) Collier County is where the property in litigation is located, (iii) the property damage
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occurred in Collier County, and (iv) the amounts due to the COUNTY are due in Collier
County.
FACTUAL ALLEGATIONS
8. 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).
9. 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.
10. 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.
11. The COUNTY is a “member operator” under the Act.
12. 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). After receiving
notification from the System, a member operator shall provide a positive response to the
System within 2 full business days, indicating he status of operations to protect the
facility. See id. at § 556.105(9)(a). Thereafter, an excavator shall verify the System’s positive
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responses before beginning excavation. See id. at § 556.105(9)(a). If a member operator
determines that a proposed excavation is in proximity or in conflict with an underground
facility of the member operator, the member operator shall 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. See id. at § 556.105(5)(a).
13. When excavation is to take place within a tolerance zone, an excavator shall
use increased caution to protect underground facilities, requiring hand digging, pot
holing, soft digging, vacuum excavation methods, or other similar procedures to identify
underground facilities. See Fla. Stat. § 556.105(5)(c).
14. REYCAMP is an “excavator” and/or “excavating contractor” under the Act
because they performed the excavation work at issue.
15. CenturyLink Communications, LLC, in combination with Lumen
Technologies, Inc., hired UTILITIES ONE as its General Contractor to place new
underground fiber optic cable at multiple locations in Collier County (the “Lumen
Project”).
16. Upon information and belief, UTILITIES ONE as the Contractor of Record
hired REYCAMP as subcontractor on the Lumen Project to place new underground fiber
optic cable at multiple locations in Collier County, Florida.
17. UTILITIES ONE is a licensed Certified Underground Utility and Excavation
Contractor in the State of Florida with license number CUC1225467.
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18. Upon information and belief, REYCAMP and its principal, Jaime Maurice
Reyes, are not licensed Certified Underground Utility and Excavation Contractors in the
State of Florida.
19. On March 30, 2024, REYCAMP notified the System of a planned excavation
on April 2, 2024, at Kent Drive and Weymouth Circle and Kent Drive and Hawaii
Boulevard, Collier County, Naples, Florida. A true and correct copy of REYCAMP’s
locate ticket received on March 30, 2024, is attached hereto as Exhibit “A.”
20. REYCAMP requested that the COUNTY locate both sides of Kent Drive,
including all road crossings, starting at Weymouth Circle moving west then south to
Hawaii Boulevard. See Ex. A, at 1. Specifically, REYCAMP instructed the COUNTY to
“follow white line.” See id.
21. On April 2, 2024, the COUNTY marked the COUNTY’s underground
facilities, including its sewer laterals, within the white lined work area and issued a “2E”
positive response code. See Ex. A, at 2.
22. The System’s definition of the 2E positive response code on its website
https://sunshine811.com/response-codes is as follows:
2E Marked with Exceptions: Marked within the confines of the white-lined
area. A locate technician marked the approximate horizontal location of
buried facilities WITHIN the white-lined area. (White paint, stakes or other
white marks define the dig site boundary.) Any excavation outside the
white-lined area requires a new ticket.
23. On or around April 2, 2024, after the COUNTY properly located and
marked its underground facilities within the white lined area, REYCAMP performed its
directional boring work to install underground cable lines for CenturyLink.
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24. On July 11, 2024, the COUNTY discovered damage to its wastewater lateral
line located at 3723 Kent Drive, Naples, Florida 34112 (the “Property”).
25. The COUNTY investigated the damage and determined that REYCAMP
failed to use increased caution prior to performing their directional boring work at the
Property by hand digging, pot holing, soft digging, vacuum excavation methods, or any
other industry standard methods for spotting utilities prior to boring.
26. Upon information and belief, UTILITIES ONE did not supervise
REYCAMP’s directional boring work to ensure that REYCAMP used increased caution
to spot the COUNTY’s utilities prior to boring.
27. As a result of REYCAMP’s failure to use increased caution as required by
Florida law, the COUNTY incurred monetary damages in the total amount of $32,612.58
to repair the damaged wastewater lateral line.
28. “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).
29. Accordingly, REYCAMP is liable to the COUNTY for the total sum of the
losses to repair the damage caused by REYCAMP.
30. UTILITIES ONE is also liable to the COUNTY for the total sum of the losses
to repair the damage caused by REYCAMP because UTILITIES ONE has a nondelegable
duty as general contractor to use a degree of skill adequate to the competent performance
of the work. See Bialkowicz v. Pan. Am. Condo. No. 3, Inc., 215 So. 2d 767, 771–72 (Fla. 3d
DCA 1968).
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31. All conditions precedent to the relief demanded herein have been
performed or waived.
COUNT I – NEGLIGENCE
(AGAINST REYCAMP)
32. The COUNTY re-alleges and incorporates by reference its allegations in
paragraphs 1–31, as if fully set forth herein.
33. REYCAMP had a statutory duty to use increased caution to protect the
COUNTY’s underground facilities. See Fla. Stat. § 556.105(5)(c).
34. REYCAMP breached that duty by failing to hand dig, pot hole, soft dig,
vacuum excavate, or use any other similar procedure to identify the COUNTY’s marked
underground facilities prior to boring. See id.
35. REYCAMP also had a common law duty to perform its work to the
standard of a reasonable, competent contractor performing underground boring work.
36. REYCAMP breached that duty by failing to perform its work in accordance
with the required standard of care for performing underground boring work.
Specifically, REYCAMP failed to proceed with the work with the same level of care, skill,
and diligence that a reasonable and prudent contractor would exercise while boring near
COUNTY owned and operated facilities.
37. REYCAMP knew that there were COUNTY owned underground facilities
in the work area.
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38. REYCAMP’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 3723 Kent Drive.
39. As a result of REYCAMP’s negligence, the COUNTY incurred monetary
damages including, but not limited to, $32,612.58 incurred by the COUNTY to repair the
wastewater lateral line, and other direct and consequential damages.
40. REYCAMP is liable to the COUNTY for the total sum of the losses incurred
by the COUNTY as a result of its negligence. See Fla. Stat. § 556.106(2)(b).
WHEREFORE, the COUNTY demands judgment against Defendant, REYCAMP
CABLE CONSTRUCTION, LLC, 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.
COUNT II – NEGLIGENCE
(AGAINST UTILITIES ONE)
41. The COUNTY re-alleges and incorporates by reference its allegations in
paragraphs 1–31, as if fully set forth herein.
42. UTILITIES ONE, as the General Contractor of Record on the Lumen Project,
had a duty to properly and competently supervise its subcontractor, REYCAMP, in the
performance of the directional boring work.
43. UTILITIES ONE breached its duty to properly and competently supervise
REYCAMP on the Lumen Project.
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44. UTILITIES ONE also had a nondelegable duty as general contractor to use
a degree of skill adequate to the competent performance of the work. See Bialkowicz v.
Pan. Am. Condo. No. 3, Inc., 215 So. 2d 767, 771–72 (Fla. 3d DCA 1968).
45. UTILITIES ONE breached that duty when REYCAMP failed to proceed
with the work with the same level of care, skill, and diligence that a reasonable and
prudent contractor would exercise while boring near COUNTY owned and operated
facilities.
46. UTILITIES ONE’s breach of its aforementioned duties was the direct,
proximate, and foreseeable result of the damage caused to the COUNTY’s wastewater
lateral line.
47. As a result of UTILITIES ONE’s negligence, the COUNTY incurred
monetary damages including, but not limited to, $32,612.58 incurred by the COUNTY to
repair the wastewater lateral line, and other direct and consequential damages.
WHEREFORE, the COUNTY demands judgment against Defendant, UTILITIES
ONE 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.
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DEMAND FOR JURY TRIAL
The COUNTY hereby demands a jury trial on all issues so triable.
Respectfully submitted,
By: _____________________________
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
courtney.dasilva@collier.gov
marian.rhyne@collier.com
rosa.villarreal@collier.gov
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EXHIBIT A
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CPW592 02084 CALL SUNSHINE 03/30/24 11:17:27ET 090400475-000 STREET
Ticket : 090400475 Rev:000 Taken: 03/30/24 11:17ET
Old Tkt: 064409088 Taken: 03/07/24 00:20ET Oper: SUN
State: FL Cnty: COLLIER GeoPlace: NAPLES
CallerPlace: NAPLES
Subdivision:
Address :
Street : KENT DR
Cross 1 : WEYMOUTH CIR
Within 1/4 mile: Y
Cross 2 : HAWAII BLVD
Locat: LOCATE BOTH SIDES OF KENT DR INCLUDING ALL ROAD CROSSING STARTING AT
WEYMOUTH CIR GOING WEST THEN SOUTH TO HAWAII BLVD. FOLLOW WHITE LINE .
:
Remarks : PLEASE ENSURE TO MARK ALL LINES,DROPS, GAS LINES, WATER AND SEWER
PIPES WORK BEING DONE BY REYCAMP CABLE CONSTRUCTION AND REYESCOM LLC.
LUMEN-GPON
THIS TICKET REPLACES TICKET #064409088 DINA.REYES WEB 03/30/2024 11:17:26 AM
*** LOOKUP BY BETWEEN ***
*** Boundary: n 26.120180 s 26.116840 w -81.748220 e -81.744630
:
Grids : 2607D8144A 2607D8144B
Work date: 04/02/24 Time: 23:59ET Hrs notc: 040 Category: 3 Duration: 30
DAYS
Due Date : 04/02/24 Time: 23:59ET Exp Date : 04/29/24 Time: 23:59ET
Work type: CONDUIT PLACEMENT Boring: Y White-lined: Y
Ug/Oh/Both: U Machinery: Y Depth: 40 IN Permits: N N/A
Done for : CENTURY LINK
Company : REYCAMP CABLE CONSTRUCTION Type: CONT
Co addr : 7279 QUAIL HOLLOW BLVD
City : WESLEY CHAPEL State: FL Zip: 33544
Caller : DINA REYES Phone: 813-997-9294
Contact : JAIME REYES Phone:
BestTime: BEFORE 5 PM
Mobile : 813-997-9285
Email : JREYES374@GMAIL.COM
Submitted: 03/30/24 11:17ET Oper: DIN Chan: WEB
Mbrs : CNTL01 CON762 CPW592 CTV413 FPLCLR
3/30/2024 11:17:28 AM: Received
DETAILS: Ticket received for registration code CPW592
3/30/2024 11:17:28 AM: Assigned
DETAILS: Assigned to Josh Wells by auto process
NOTE: Auto Processed per Responsibility Area
3/30/2024 11:17:33 AM: Ticket Queued
DETAILS: Ticket queued for delivery
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3/30/2024 11:17:47 AM: Ticket Delivered
DETAILS: Ticket successfully sent to WWTS-IRTHNET@colliercountyfl.gov
4/1/2024 6:41:47 AM: Responded
DETAILS: 8: added by Josh Wells, Locate Time: 4/1/2024 6:41:47 AM
NOTE: REFRESHED TICKETS. Agreed to mark ahead of contractor.
4/1/2024 6:41:53 AM: Positive Response to Center Queued
DETAILS: Positive Response to Center queued for delivery
4/1/2024 6:42:00 AM: Positive Response to Center Delivered
DETAILS: Positive Response to Center successfully sent
4/2/2024 12:34:27 PM: Reopened
DETAILS: Reopened by Josh Wells
4/2/2024 1:32:18 PM: Responded
DETAILS: 2E: added by Josh Wells, Locate Time: 4/2/2024 1:32:17 PM
NOTE: Marked gravity main, water main, water service, sewer lateral, valve, fire
hydrants, ARV.
4/2/2024 1:32:23 PM: Positive Response to Center Queued
DETAILS: Positive Response to Center queued for delivery
4/2/2024 1:32:26 PM: Positive Response to Center Delivered
DETAILS: Positive Response to Center successfully sent
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