Clapper, Patti, Schweizer and Mason

Florida inspectors of the Environmental Protection Agency were alerted to asbestos violations occurring during the conversion of the Indian Pass Apartments into the Barefoot Beach Resort condominiums. Following the investigation, four men have been indicted on federal charges with allegedly violating environmental protection laws, conspiracy and making false statements. All four men were involved in the conversion at upper level management positions.

 

John Loder, Stephen J. Spencer, Guy Gannaway and Keith McConnell were all arrested and indicted on several counts. All four men pleaded not guilty and were released on bond. Loder and Spencer created an entity called Sun Vista Development Group LLC which was responsible for operations and administration of the conversion project. Gannaway, co-owner of Gannaway Builders Inc., acted as the general contractor and McConnell was the project supervisor on behalf of Gannaway Builders. 

 

During the conversion, the four men discovered asbestos in the popcorn style ceiling tiles of the 164 units. It was common practice at the time the original building was constructed to add asbestos to building materials, and particularly ceiling tiles, because it was very affordable and acted as an excellent fire retardant and insulator. Asbestos is now known to cause serious diseases, such as lung cancer, asbestosis, and mesothelioma.

 

Mesothelioma is a rare, but aggressive form of cancer associated with exposure to asbestos. When asbestos becomes airborne, such as is often the case during renovations of older buildings, the fibers can be inhaled where they then lodge in the lining of the lungs, heart or abdomen.   Decades later, symptoms of the painful disease of mesothelioma develops. There is no cure for mesothelioma, and treatments are often ineffective. The survival time from time of diagnosis is usually less than a year.

 

Despite knowing these dangers, the four men in charge of the conversion are alleged to have decided to disregard federal regulations and properly remove and dispose of the asbestos ceiling tiles. Instead, they are accused of instructing employees to encapsulate the ceiling, which under certain circumstances would be an acceptable way to manage the toxic material. However, in this case, investigations allege that there was a failure to provide adequate protection or training to their employees, an accredited asbestos abatement company or person was not hired, and then false statements were made during investigations. 

 

The risk to others occurred during the encapsulation because in that process, drilling was necessary, which disturbed the asbestos containing tiles. If asbestos is intact and in good condition, it does not pose a threat to public or workers’ health. However, if disturbed or damaged, the fibers can become airborne and there is no safe level of exposure to asbestos.

 

The four men face penalties of up to five years in prison for each count of the indictment and fines of $250,000.