Florida Senate - 2026 (NP) SB 12 By Senator DiCeglie 18-00046B-26 202612__ 1 A bill to be entitled 2 An act for the relief of Maximus Giannikos by the City 3 of Clearwater; providing for an appropriation to 4 compensate Maximus Giannikos for injuries sustained as 5 a result of the negligence of the City of Clearwater; 6 providing a limitation on the payment of compensation 7 and attorney fees; providing an effective date. 8 9 WHEREAS, in the early evening of May 28, 2019, then 16 10 year-old Maximus Giannikos and his family were on vacation in 11 Clearwater, visiting from Cape Town, South Africa, when, shortly 12 after their arrival, Maximus Giannikos, his sister, and her 13 husband left their hotel located near the northwest corner of 14 the intersection of Gulf to Bay Boulevard and U.S. Highway 19 15 and walked to the nearby Clearwater Mall to eat dinner and shop 16 for beach supplies, and 17 WHEREAS, the electronic traffic and pedestrian control 18 devices located at the Gulf to Bay Boulevard and U.S. Highway 19 19 intersection were operated and maintained by the City of 20 Clearwater, and had a documented history of malfunctioning from 21 time to time, and 22 WHEREAS, the interchange where U.S. Highway 19 intersects 23 with Gulf to Bay Boulevard is a significant, high-volume 24 transportation corridor where U.S. 19 goes over Gulf to Bay 25 Boulevard with service ramps, and is a complex design requiring 26 continuous, regular inspections and maintenance of all signal 27 devices and signage to move large volumes of traffic and 28 pedestrians safely and efficiently, and 29 WHEREAS, Maximus Giannikos and his family members crossed 30 from the northwest to the northeast corner of the intersection, 31 beneath the overpass of U.S. Highway 19, and then proceeded from 32 the northeast to the southeast corner of the intersection, 33 crossing Gulf to Bay Boulevard, without any problem using the 34 pedestrian control device, and 35 WHEREAS, approximately 2 hours later, as they returned, 36 they approached the southwest corner of the intersection at Gulf 37 to Bay Boulevard and pressed the button at the crosswalk to 38 activate the pedestrian control device, and 39 WHEREAS, unbeknownst to Maximus Giannikos and his family 40 members, who were pedestrians at the time, the crosswalk buttons 41 and devices were not operating because of defective, 42 malfunctioning wiring and negligent maintenance by the City of 43 Clearwater, thereby causing the pedestrian signal to be stuck on 44 “Do Not Walk” at that location, and so the signal never changed, 45 and 46 WHEREAS, they pressed the button multiple times and waited 47 numerous light cycles to give the signal a chance to change, but 48 it did not change, and 49 WHEREAS, they then walked to the southeast corner of the 50 intersection and tried to activate the pedestrian control system 51 there, with no success, and 52 WHEREAS, they looked east and west along Gulf to Bay 53 Boulevard to see if there was another crosswalk with active 54 pedestrian signals but did not see any visible crosswalks from 55 their vantage point, and 56 WHEREAS, after 30 to 45 minutes passed, they agreed they 57 had no other choice but to cross where they were, so the 58 brother-in-law timed the lights and, once he saw all the lights 59 were red and traffic appeared to clear, all three stepped off 60 the curb and walked into the road to cross, and 61 WHEREAS, they made it about halfway across the street when 62 Maximus Giannikos was struck by a sport utility vehicle 63 traveling at approximately 35 miles per hour and was 64 catastrophically injured, and 65 WHEREAS, Maximus Giannikos was treated by emergency medical 66 services personnel at the scene, then rushed by ambulance to St. 67 Petersburg Bayfront Medical Center in stable but critical 68 condition, and 69 WHEREAS, a traffic homicide investigation was conducted by 70 the Clearwater Police Department, which determined that the 71 pedestrian crosswalk device did, in fact, malfunction, and was 72 not operating at the time that Maximus Giannikos was injured, 73 and 74 WHEREAS, a fact that witnesses who worked nearby and used 75 the crosswalks daily testified at trial that the subject 76 pedestrian crosswalk signal malfunctioned at least 10 to 15 77 times per year and had been doing so for 10 years, and 78 WHEREAS, during trial, plaintiff’s expert witness testified 79 that the crosswalk buttons malfunctioned because the City of 80 Clearwater failed to perform an adequate maintenance check 81 during March 2019, and 82 WHEREAS, during discovery and at trial, documents in the 83 Signal Cabinet Access Logs generated near the date that Maximus 84 Giannikos was injured showed that the City of Clearwater rewired 85 the button on the southeast corner of the intersection and 86 replaced the button on the northwest corner 2 weeks and 4 weeks, 87 respectively, after Maximus Giannikos was critically injured, 88 and 89 WHEREAS, at trial, the plaintiff’s attorneys proved that 90 the City of Clearwater was on notice regarding the problem and 91 was negligent in maintaining the signal, putting pedestrians in 92 unreasonable danger and being a legal cause of Maximus 93 Giannikos’s injuries, and 94 WHEREAS, Maximus Giannikos remained hospitalized for more 95 than a month at St. Petersburg Bayfront Medical Center, 11 days 96 of which were spent in a coma, while his family lived at the 97 Ronald McDonald House, and 98 WHEREAS, Maximus Giannikos suffered life-altering traumatic 99 brain injuries, bleeds, and swelling, skull and facial 100 fractures, multiple orthopedic fractures and injuries, including 101 spinal fractures from C6 to T4, rib fractures, left leg 102 fractures, compound fractures of the right arm, right shoulder 103 fractures and dislocation, a punctured lung, and other serious 104 traumatic injuries, and 105 WHEREAS, Maximus Giannikos underwent numerous surgeries, 106 and his recovery has been slow, difficult, and painful, with 107 many setbacks, and 108 WHEREAS, once Maximus Giannikos was released from the 109 hospital, he and his family lived at the Ronald McDonald House 110 for 6 months while he engaged in treatment and therapy until 111 they ran out of funds to pay for his treatment, and 112 WHEREAS, Maximus Giannikos has incurred more than $1.1 113 million in medical bills and is facing $4.9 million in future 114 medical care costs, and total economic damages amount to more 115 than $10 million, and 116 WHEREAS, Maximus Giannikos’s current diagnosis includes 117 permanent brain injuries, posttraumatic epilepsy, severe 118 cognitive and behavioral impairments, disfigurement, severe 119 radiating neck and back pain, arthritis, limited range of 120 motion, and other orthopedic and neurological disorders, as well 121 as severe posttraumatic psychological injuries, and 122 WHEREAS, the City of Clearwater had a duty of care to 123 reasonably maintain and operate the pedestrian signals at the 124 subject intersection and had failed to do so at the time Maximus 125 Giannikos was injured, and 126 WHEREAS, due to the City of Clearwater’s negligence, 127 Maximus Giannikos was unreasonably left to cross the 128 intersection unaided by operable crosswalk signals, which but 129 for the inoperable condition of the crosswalk signals, Maximus 130 Giannikos would not have been injured, and 131 WHEREAS, the City of Clearwater’s negligent maintenance of 132 the crosswalk signals at the location where Maximus Giannikos 133 was injured was a legal cause of the collision that injured him, 134 and 135 WHEREAS, Maximus Giannikos filed a lawsuit against the City 136 of Clearwater which was tried before a Pinellas County jury in 137 the circuit court for the Sixth Judicial Circuit beginning 138 September 9, 2024, and on September 13, 2024, the jury found 139 Maximus Giannikos’s total damages to be $38,496,781.68, with the 140 City of Clearwater’s negligence to be 45 percent and Maximus 141 Giannikos’s negligence to be 55 percent, comparatively, and 142 WHEREAS, based on the jury verdict, the court entered a 143 final judgment in the amount of $17,323,551.76 in favor of 144 Maximus Giannikos and against the City of Clearwater, and 145 WHEREAS, on January 6, 2025, following post-trial motions 146 and oral arguments, the trial court entered an Amended Final 147 Judgment in the amount of $15,687,889.50, and 148 WHEREAS, pursuant to a negotiated agreement by the parties, 149 on January 6, 2025, the trial court entered an Agreed Order to 150 claimant’s motion to entitlement to attorney fees in the amount 151 of $249,460, taxable costs in the amount of $99,832.99, and the 152 parties’ agreement to taxable post-judgment interest at the rate 153 of 9.46 percent annually, all of which the parties negotiated 154 and agreed to, and 155 WHEREAS, the City of Clearwater is insured with a Lloyd’s 156 of London policy having a limit of $7 million for this claim, 157 and 158 WHEREAS, before the trial began, Maximus Giannikos’s 159 attorneys offered to settle the case for an amount within the 160 policy limits, but the insurance company refused to settle and 161 made no counteroffer, thereby exposing the City of Clearwater to 162 an excess judgment of $16,037,182.49, plus interest of 9.46 163 percent annually, NOW, THEREFORE, 164 165 Be It Enacted by the Legislature of the State of Florida: 166 167 Section 1. The facts stated in the preamble to this act are 168 found and declared to be true. 169 Section 2. The City of Clearwater is authorized and 170 directed to appropriate from funds not otherwise encumbered and 171 to draw a warrant in the sum of $16,037,182.49, plus post 172 judgment interest at the rate of 9.46 percent annually, as 173 agreed to by the parties and to be calculated by the trial 174 court, payable to Maximus Giannikos as compensation for injuries 175 and damages sustained due to the negligence of the City of 176 Clearwater. 177 Section 3. The amount paid by the City of Clearwater 178 pursuant to s. 768.28, Florida Statutes, and the amount awarded 179 under this act are intended to provide the sole compensation for 180 all present and future claims arising out of the factual 181 situation described in this act which resulted in injuries and 182 damages to Maximus Giannikos. The total amount paid for attorney 183 fees relating to this claim may not exceed 25 percent of the 184 total amount awarded under this act. 185 Section 4. This act shall take effect upon becoming a law.