HB 6539 2025
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act for the relief of Max Giannikos by the City of 2
Clearwater; providing for an appropriation to 3
compensate Max Giannikos for injuries sustained as a 4
result of the negligence of the City of Clearwater; 5
providing a limitation on compensation and the payment 6
of attorney fees; providing an effective date. 7
8
WHEREAS, in the early evening of May 28, 2019, then 16 -9
year-old Max Giannikos and his family were on va cation in 10
Clearwater, visiting from Cape Town, South Africa, when, shortly 11
after arrival, Max Giannikos, his sister, and her husband left 12
their hotel located near the northwest corner of the 13
intersection of Gulf to Bay Boulevard (S.R. 60) and U.S. Highway 14
19 and walked to the nearby Clearwater Mall, and 15
WHEREAS, the electronic traffic and pedestrian control 16
devices located at the Gulf to Bay Boulevard and U.S. Highway 19 17
intersection were owned, operated, and maintained by the City of 18
Clearwater, and 19
WHEREAS, Max Giannikos and his family members crossed from 20
the northwest to the northeast corner of the intersection, 21
beneath the overpass of U.S. Highway 19, and then proceeded from 22
the northeast to the southeast corner of the intersection, 23
crossing Gulf to Bay Boulevard, to visit local business 24
establishments to purchase dinner and shop for beach supplies, 25
HB 6539 2025
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and 26
WHEREAS, approximately 2 hours later, upon their return, 27
they approached the southwest corner of the intersection and 28
pressed the button at the crossw alk to activate the pedestrian 29
control device, and 30
WHEREAS, unbeknownst to Max Giannikos and his family 31
members, who were pedestrians at the time, the crosswalk buttons 32
and devices were not operating because of defective, 33
malfunctioning wiring and neglige nt maintenance, thereby causing 34
the pedestrian signal to be stuck on "Do Not Walk," and 35
WHEREAS, when they pressed the crosswalk button multiple 36
times and waited numerous light cycles to give the signal a 37
chance to change, it did not work, and 38
WHEREAS, they then walked to the southeast corner of the 39
intersection and tried to activate the pedestrian control system 40
there, with no success, and 41
WHEREAS, they looked east and west along Gulf to Bay 42
Boulevard to see if there was another crosswalk with active 43
pedestrian signals but did not see any visible crosswalks from 44
their vantage point, and 45
WHEREAS, after 30 to 45 minutes passed, they agreed they 46
had no other choice but to cross where they were, so the 47
brother-in-law timed the lights and, once he saw all th e lights 48
were red and traffic appeared to clear, all three stepped off 49
the curb and walked into the road to cross, and 50
HB 6539 2025
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
WHEREAS, they made it about halfway across the street when 51
Max Giannikos was struck by a sports utility vehicle traveling 52
at approximately 35 miles per hour, and was catastrophically 53
injured, and 54
WHEREAS, Max Giannikos was treated by emergency medical 55
services personnel at the scene, then rushed by ambulance to St. 56
Petersburg Bayfront Medical Center in stable but critical 57
condition, and 58
WHEREAS, a traffic homicide investigation was conducted by 59
the Clearwater Police Department, which determined that the 60
pedestrian crosswalk device did, in fact, malfunction, and was 61
not operating at the time that Max Giannikos was injured, and 62
WHEREAS, witnesses who worked nearby and used the 63
crosswalks daily testified at trial that the subject pedestrian 64
crosswalk signal malfunctioned at least 10 to 15 times per year 65
and had been doing so for 10 years, and 66
WHEREAS, during trial, the plaintiff's expert wi tness 67
testified that the crosswalk buttons malfunctioned because the 68
City of Clearwater failed to perform an adequate maintenance 69
check in March 2019, and 70
WHEREAS, during discovery and at trial, documents in the 71
"Signal Cabinet Access Logs" generated near the date on which 72
Max Giannikos was injured showed that the City of Clearwater 73
rewired the crosswalk button on the southeast corner of the 74
intersection and replaced the crosswalk button on the northwest 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
corner 2 weeks and 4 weeks, respectively, after Max Giannikos 76
was critically injured, and 77
WHEREAS, at trial, the plaintiff's attorneys proved that 78
the City of Clearwater was on notice regarding the problem and 79
was negligent in maintaining the crosswalk signal, putting 80
pedestrians in unreasonable danger and being a legal cause of 81
Max Giannikos's injuries, and 82
WHEREAS, Max Giannikos remained hospitalized for more than 83
a month at St. Petersburg Bayfront Medical Center, 11 days of 84
which were spent in a coma, while his family lived at the Ronald 85
McDonald House, and 86
WHEREAS, Max Giannikos suffered life -altering traumatic 87
brain injuries, bleeds, and swelling, skull and facial 88
fractures, multiple orthopedic fractures and injuries, including 89
spinal fractures from C6 to T4, rib fractures, left leg 90
fractures, compound fractures of the right arm, right shoulder 91
fractures and dislocation, a punctured lung, and other serious 92
traumatic injuries, and 93
WHEREAS, Max Giannikos underwent numerous surgeries, and 94
his recovery has been slow, difficult, and painful, with many 95
setbacks, and 96
WHEREAS, once Max Giannikos was released from the hospital, 97
he and his family lived at the Ronald McDonald House for 6 98
months while he engaged in treatment and therapy until they ran 99
out of funds to pay for his treatment, and 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
WHEREAS, Max Giannikos has incurred more than $1.1 million 101
in medical bills and is facing $4.9 million in future medical 102
care costs, and total economic damages amount to more than $10 103
million, and 104
WHEREAS, Max Giannikos's current diagnosis includes 105
permanent brain injuries , posttraumatic epilepsy, severe 106
cognitive and behavioral impairments, disfigurement, severe 107
radiating neck and back pain, arthritis, limited range of 108
motion, and other orthopedic and neurological disorders, as well 109
as severe posttraumatic psychological in juries, and 110
WHEREAS, the City of Clearwater had a duty of care to 111
reasonably maintain and operate the pedestrian signals at the 112
subject intersection and failed to do so when Max Giannikos was 113
injured, and 114
WHEREAS, due to the City of Clearwater's negligen ce, Max 115
Giannikos was unreasonably left to cross the intersection 116
unaided by operable crosswalk signals, which, but for the 117
inoperable condition of the crosswalk signals, Max Giannikos 118
would not have been injured, and 119
WHEREAS, the City of Clearwater's neg ligent maintenance of 120
the crosswalk signals at the location where Max Giannikos was 121
injured was a legal cause of the collision that injured him, and 122
WHEREAS, Max Giannikos filed a lawsuit against the City of 123
Clearwater which was tried before a Pinellas Co unty jury in the 124
circuit court for the Sixth Judicial Circuit beginning September 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
9, 2024, and on September 13, 2024, the jury found Max 126
Giannikos's total damages to be $38,496,781.68, with the City of 127
Clearwater's negligence to be 45 percent and Max Giann ikos to be 128
55 percent comparatively negligent, and 129
WHEREAS, based on the jury verdict, the trial court entered 130
a final judgment in the amount of $17,323,551.76 on September 131
20, 2024, in favor of Max Giannikos and against the City of 132
Clearwater, and 133
WHEREAS, on January 6, 2025, following posttrial motions 134
and oral arguments, the trial court entered an amended final 135
judgment in the amount of $15,687,889.50, and 136
WHEREAS, on January 6, 2025, the trial court entered agreed 137
orders granting the claimant's motio n to entitlement to attorney 138
fees in the amount of $249,460 and taxable costs in the amount 139
of $99,832.99, and an agreement to taxable interest at the rate 140
of 9.46 percent annually, all of which the parties negotiated 141
and agreed to, and 142
WHEREAS, the City of Clearwater is insured with a Lloyd's 143
of London policy with a limit of $7 million for this claim, and 144
WHEREAS, before the trial began, Max Giannikos's attorneys 145
offered to settle the case for an amount within the policy 146
limits, but the insurance company refused to settle and made no 147
counteroffer, thereby exposing the City of Clearwater to an 148
excess judgment and claim of $16,037,182.50, plus interest of 149
9.46 percent annually, NOW, THEREFORE, 150
HB 6539 2025
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
151
Be It Enacted by the Legislature of the State of Florida: 152
153
Section 1. The facts stated in the preamble to this act 154
are found and declared to be true. 155
Section 2. The City of Clearwater is authorized and 156
directed to appropriate from funds not otherwise encumbered and 157
to draw a warrant in the sum of $16,037,182 .50, plus interest at 158
the rate of 9.46 percent annually as agreed to by the parties 159
and to be calculated by the trial court, payable to Max 160
Giannikos as compensation for injuries and damages sustained. 161
Section 3. The amount paid by the City of Clearwat er 162
pursuant to s. 768.28, Florida Statutes, and the amount awarded 163
under this act are intended to provide the sole compensation for 164
all present and future claims arising out of the factual 165
situation described in this act which resulted in injuries and 166
damages to Max Giannikos. The total amount paid for attorney 167
fees relating to this claim may not exceed 25 percent of the 168
total amount awarded under this act. 169
Section 4. This act shall take effect upon becoming a law. 170