Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 922
Ì3592441Î359244
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/16/2025 .
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The Committee on Rules (Leek) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Part I of chapter 542, Florida Statutes,
6 consisting of ss. 542.15-542.36, Florida Statutes, is created
7 and entitled the “Florida Antitrust Act of 1980.”
8 Section 2. Part II of chapter 542, Florida Statutes,
9 consisting of ss. 542.41-542.45, Florida Statutes, is created
10 and entitled the “Florida Contracts Honoring Opportunity,
11 Investment, Confidentiality, and Economic Growth (CHOICE) Act.”
12 542.41 Short title.—This part may be cited as the “Florida
13 Contracts Honoring Opportunity, Investment, Confidentiality, and
14 Economic Growth (CHOICE) Act.”
15 542.42 Legislative findings.—The Legislature finds that a
16 proper and legitimate state interest is served by enforcing
17 strong legal protections in contracts between employers and
18 contracted personnel which encourage optimal levels of
19 information sharing and training and development. The
20 Legislature further finds that alternative means of protecting
21 confidential information and client relationships, such as
22 nondisclosure agreements, fixed-duration term contracts, and
23 nonsolicitation clauses in employment contracts, are inadequate
24 to protect against the significant global risks faced by
25 companies in this state. The Legislature further finds that
26 predictability in the enforcement of contracts described in this
27 part encourages investment in this state. Therefore, the
28 Legislature determines and declares that this part fulfills an
29 important state interest.
30 542.43 Definitions.—For the purposes of this part, the
31 term:
32 (1) “Annual mean wage of employees in Florida” or “annual
33 mean wage” means the most recent annual mean wage as calculated
34 by the United States Department of Labor Bureau of Labor
35 Statistics, or its successor calculation, for all occupations in
36 this state.
37 (2) “Benefit” means access to health insurance, life
38 insurance, or disability insurance that is the same as or
39 similar to the insurance that a covered employee had access to
40 and at the same cost to that employee during the month before
41 the commencement of his or her notice period.
42 (3) “Covered employee” means an employee or an individual
43 contractor who earns or is reasonably expected to earn a salary
44 greater than twice the annual mean wage of the county in this
45 state which the employer has its principal place of business, or
46 the county in this state in which the employee resides if the
47 employer’s principal place of business is not in this state. The
48 term does not include a person classified as a health care
49 practitioner as defined in s. 456.001.
50 (4) “Covered employer” means an entity or individual who
51 employs or engages a covered employee.
52 (5) “Covered garden leave agreement” means a written
53 agreement, or part of a written agreement, between a covered
54 employee and covered employer in which:
55 (a) The covered employee and covered employer agree to up
56 to, but no more than, 4 years of advance, express notice before
57 terminating the employment or contractor relationship;
58 (b) The covered employee agrees not to resign before the
59 end of such notice period; and
60 (c) The covered employer agrees to retain the covered
61 employee for the duration of such notice period and to continue
62 paying the covered employee the same salary and providing the
63 same benefits that the covered employee received from the
64 covered employer in the last month before the commencement of
65 the notice period. The covered employer is not obligated to
66 provide discretionary incentive compensation or benefits or have
67 the covered employee continue performing any work during the
68 notice period.
69 (6) “Covered noncompete agreement” means a written
70 agreement, or a portion of a written agreement, between a
71 covered employee and a covered employer in which, for a period
72 not to exceed 4 years and within the geographic area defined in
73 the agreement, the covered employee agrees not to assume a role
74 with or for another business, entity, or individual:
75 (a) In which the covered employee would provide services
76 similar to the services provided to the covered employer during
77 the 3 years preceding the noncompete period; or
78 (b) In which it is reasonably likely the covered employee
79 would use the confidential information or customer relationships
80 of the covered employer.
81 (7) “Noncompete period” means the time from the covered
82 employee’s termination of employment through the end of the
83 agreed-upon postemployment period of noncompetition as set forth
84 in the covered noncompete agreement.
85 (8) “Notice period” means the date from the covered
86 employee’s or covered employer’s written notice of intent to
87 terminate the covered employee’s employment through the date of
88 termination as set forth in a covered garden leave agreement.
89 (9) “Primary place of work” means the location where the
90 covered employee spends more work time than any other single
91 workplace.
92 (10) “Salary” means the base compensation, calculated on an
93 annualized basis, which a covered employer pays a covered
94 employee, including a base wage, a salary, a professional fee,
95 or other compensation for personal services, and the fair market
96 value of any benefit other than cash. Salary does not include
97 health care benefits, severance pay, retirement benefits,
98 expense reimbursement, distribution of earnings and profits not
99 included as compensation for personal services, discretionary
100 incentives or awards, or anticipated but indeterminable
101 compensation, including tips, bonuses, or commissions.
102 542.44 Covered garden leave agreement.—
103 (1) APPLICABILITY.—This section applies to:
104 (a) A covered garden leave agreement with a covered
105 employee who maintains a primary place of work in this state,
106 regardless of any applicable choice of law provisions; or
107 (b) A covered garden leave agreement with a covered
108 employer whose principal place of business is in this state and
109 which agreement is expressly governed by the laws of this state.
110
111 If any provision of this section is in conflict with any other
112 law, the provisions of this section shall govern.
113 (2) RESTRAINT OF TRADE.—A covered garden leave agreement
114 does not violate public policy as a restraint of trade, as
115 described in s. 542.18, or an attempt to monopolize trade or
116 commerce in this state, as described in s. 542.19, and is fully
117 enforceable according to its terms, provided that:
118 (a) A covered employee was advised, in writing, of the
119 right to seek counsel prior to execution of the covered garden
120 leave agreement and was provided notice as described in
121 subsection (3);
122 (b) A covered employee acknowledges, in writing, receipt of
123 confidential information or customer relationships; and
124 (c) The covered garden leave agreement provides that:
125 1. After the first 90 days of the notice period, the
126 covered employee does not have to provide services to the
127 covered employer;
128 2. The covered employee may engage in nonwork activities at
129 any time, including during normal business hours, during the
130 remainder of the notice period;
131 3. The covered employee may, with the permission of the
132 covered employer, work for another employer while still employed
133 by the covered employer during the remainder of the notice
134 period; and
135 4. The garden leave agreement notice period may be reduced
136 during the notice period if the covered employer provides at
137 least 30 days’ advance notice in writing to the covered
138 employee.
139 (3) NOTICE.—
140 (a) A covered employer must provide a proposed covered
141 garden leave agreement to:
142 1. A prospective covered employee at least 7 days before an
143 offer of employment expires; or
144 2. A current covered employee at least 7 days before the
145 date that an offer to enter into a covered garden leave
146 agreement expires.
147 (b) A covered employer may, as provided for in the covered
148 garden leave agreement, shorten the term of the notice period at
149 any time during the notice period by providing at least 30 days’
150 advance notice in writing to the covered employee.
151 (4) OTHER AGREEMENTS.—This section does not affect or limit
152 the enforceability of any other employment agreement or any
153 other agreement.
154 (5) BREACH OF A COVERED GARDEN LEAVE AGREEMENT; REMEDIES.—
155 (a) Upon application by a covered employer seeking
156 enforcement of a covered garden leave agreement, a court must
157 preliminarily enjoin a covered employee from providing services
158 to any business, entity, or individual other than the covered
159 employer during the notice period. The court may modify or
160 dissolve the injunction only if the covered employee establishes
161 by clear and convincing evidence that:
162 1. The covered employee will not perform, during the notice
163 period, any work similar to the services provided to the covered
164 employer during the 3-year period preceding the commencement of
165 the notice period, or use confidential information or customer
166 relationships of the covered employer; or
167 2. The covered employer has failed to pay or provide the
168 salary and benefits provided for in the covered garden leave
169 agreement during the notice period and has had a reasonable
170 opportunity to cure the failure.
171 (b) Upon application by a covered employer seeking
172 enforcement of a covered garden leave agreement, a court must
173 preliminarily enjoin any business, entity, or individual from
174 engaging a covered employee during the covered employee’s notice
175 period. The court may modify or dissolve the injunction only if
176 the business, entity, or individual establishes by clear and
177 convincing evidence, based on public or other nonconfidential
178 information, that:
179 1. The covered employee will not provide any services
180 similar to the services provided to the covered employer during
181 the 3-year period preceding the commencement of the notice
182 period, or use confidential information or customer
183 relationships of the covered employer; or
184 2. The business or individual seeking to employ or engage
185 the covered employee is not engaged in, and is not planning or
186 preparing to engage in, any business activity similar to that
187 engaged in by the covered employer during the notice period.
188
189 Any information filed with the court which the covered employer
190 deems to be confidential must be filed under seal to protect
191 confidentiality or avoid substantial injury. A court must
192 presume that an employee or an individual contractor has access
193 to confidential information or customer relationships if the
194 employee or individual contractor acknowledges the access or
195 receipt of such access in writing.
196 (c) The injunctive relief provided under this section is
197 not an exclusive remedy, and a prevailing covered employer is
198 entitled to recover all available monetary damages for all
199 available claims.
200 (d) In any action to enforce this section, the prevailing
201 party is entitled to reasonable attorney fees and costs.
202 (e) If the covered employee engages in gross misconduct
203 against the covered employer, the covered employer may reduce
204 the salary or benefits of the covered employee or take other
205 appropriate action during the notice period, which reduction or
206 other action may not be considered a breach of the covered
207 garden leave agreement.
208 542.45 Covered noncompete agreements.—
209 (1) APPLICABILITY.—This section applies to:
210 (a) A covered noncompete agreement with a covered employee
211 who maintains a primary place of work in this state, regardless
212 of any applicable choice of law provisions; or
213 (b) A covered noncompete agreement with a covered employer
214 whose principal place of business is in this state and which
215 agreement is expressly governed by the laws of this state.
216
217 In either case, if any provision of this section is in conflict
218 with any other law, the provisions of this section govern.
219 (2) RESTRAINT OF TRADE.—A covered noncompete agreement does
220 not violate public policy as a restraint of trade, as described
221 in s. 542.18, or an attempt to monopolize trade or commerce in
222 this state, as described in s. 542.19, and is fully enforceable
223 according to its terms, provided that:
224 (a) A covered employee was advised, in writing, of the
225 right to seek counsel prior to execution of the covered
226 noncompete agreement and was provided notice as described in
227 subsection (3);
228 (b) A covered employee acknowledges, in writing, that in
229 the course of his or her employment he or she will receive
230 confidential information or customer relationships; and
231 (c) A covered noncompete agreement provides that the
232 noncompete period is reduced day-for-day by any nonworking
233 portion of the notice period, pursuant to a covered garden leave
234 agreement between the covered employee and the covered employer,
235 if applicable.
236 (3) NOTICE.—A covered employer must provide a proposed
237 covered noncompete agreement to:
238 (a) A prospective covered employee at least 7 days before
239 an offer of employment expires; or
240 (b) A current covered employee at least 7 days before the
241 date that an offer to enter into a covered noncompete agreement
242 expires.
243 (4) OTHER AGREEMENTS.—This section does not affect or limit
244 the enforceability of any other employment agreement or any
245 other agreement.
246 (5) BREACH OF COVERED NONCOMPETE AGREEMENT; REMEDIES.—
247 (a) Upon application by a covered employer seeking
248 enforcement of a covered noncompete agreement, a court must
249 preliminarily enjoin a covered employee from providing services
250 to any business, entity, or individual other than the covered
251 employer during the noncompete period. The court may modify or
252 dissolve the injunction only if the covered employee establishes
253 by clear and convincing evidence based on public or other
254 nonconfidential information that:
255 1. The covered employee will not perform, during the
256 noncompete period, any work similar to the services provided to
257 the covered employer during the 3-year period preceding the
258 commencement of the noncompete period, or use confidential
259 information or customer relationships of the covered employer;
260 2. The covered employer has failed to pay or provide the
261 consideration provided for in the covered noncompete agreement
262 and has had a reasonable opportunity to cure the failure; or
263 3. The business or individual seeking to employ or engage
264 the covered employee is not engaged in, and is not planning or
265 preparing to engage in during the noncompete period:
266 a. Business activity similar to that engaged in by the
267 covered employer; and
268 b. In the geographic area specified in the noncompete
269 agreement.
270 (b) Upon application by a covered employer seeking
271 enforcement of a covered noncompete agreement, a court must
272 preliminarily enjoin any business, entity, or individual from
273 engaging a covered employee during the covered employee’s
274 noncompete period. The court may modify or dissolve the
275 injunction only if the business, entity, or individual
276 establishes by clear and convincing evidence, based on public or
277 other nonconfidential information, that:
278 1. The covered employee will not provide any services
279 similar to the services provided to the covered employer during
280 the 3-year period preceding the commencement of the noncompete
281 period, or use confidential information or customer
282 relationships of the covered employer; or
283 2. The business or individual seeking to employ or engage
284 the covered employee is not engaged in, and is not planning or
285 preparing to engage in during the noncompete period:
286 a. Business activity similar to that engaged in by the
287 covered employer; and
288 b. In the geographic area specified in the noncompete
289 agreement.
290
291 Any information filed with the court which the covered employer
292 deems to be confidential must be filed under seal to protect
293 confidentiality or avoid substantial injury. A court must
294 presume that an employee or an individual contractor has access
295 to confidential information or customer relationships if the
296 employee or individual contractor acknowledges the access or
297 receipt of such access in writing.
298 (c) The injunctive relief provided in this section is not
299 an exclusive remedy, and a prevailing covered employer is
300 entitled to recover all available monetary damages for all
301 available claims.
302 (d) In any action to enforce this section, the prevailing
303 party is entitled to reasonable attorney fees and costs.
304 (e) If the covered employee engages in gross misconduct
305 against the covered employer, the covered employer may reduce
306 the salary or benefits of the covered employee or take other
307 appropriate action during the noncompete period, which reduction
308 or other action may not be considered a breach of the covered
309 noncompete agreement.
310
311 Any action regarding a restrictive covenant that does not meet
312 the definition of a covered garden leave agreement or a covered
313 noncompete agreement as provided in this part is governed by s.
314 542.335.
315 Section 3. Section 542.15, Florida Statutes, is amended to
316 read:
317 542.15 Short title.—This part act shall be known and may be
318 cited as the “Florida Antitrust Act of 1980.”
319 Section 4. Section 542.16, Florida Statutes, is amended to
320 read:
321 542.16 Purpose.—The Legislature declares it to be the
322 purpose of this part act to complement the body of federal law
323 prohibiting restraints of trade or commerce in order to foster
324 effective competition. It is the intent of the Legislature that
325 this part act be liberally construed to accomplish its
326 beneficial purpose.
327 Section 5. Section 542.17, Florida Statutes, is reordered
328 and amended to read:
329 542.17 Definitions.—Unless a different meaning is clearly
330 indicated by the context, for the purposes of this part chapter,
331 the terms defined in this section have the following meanings
332 ascribed to them:
333 (2)(1) “Commodity” means any goods, merchandise, wares,
334 produce, chose in action, land, article of commerce, or other
335 tangible or intangible property, real, personal, or mixed, for
336 use, consumption, production, enjoyment, or resale.
337 (6)(2) “Service” means any kind of activity performed in
338 whole or in part for economic benefit.
339 (5)(3) “Person” means any individual, corporation, firm,
340 partnership, limited partnership, incorporated or unincorporated
341 association, professional association, or other legal,
342 commercial, or governmental entity, including the State of
343 Florida, its departments, agencies, political subdivisions, and
344 units of government.
345 (8)(4) “Trade or commerce” means any economic activity of
346 any type whatsoever involving any commodity or service
347 whatsoever.
348 (3)(5) “Document” means any stored or retained data or
349 information in whatever form.
350 (1)(6) “Attorney General” includes not only the Attorney
351 General of Florida but also any designee of the Attorney General
352 or any assistant attorney general or special assistant attorney
353 general.
354 (7) “State attorney” includes not only the state attorneys
355 of Florida but also any designee of a state attorney or any
356 assistant state attorney or special assistant state attorney.
357 (4)(8) “Local government” means a municipality, county,
358 school district, or any other general-function or special
359 function governmental unit established by the laws of the state.
360 Section 6. Section 542.20, Florida Statutes, is amended to
361 read:
362 542.20 Exemptions.—Any activity or conduct exempt under
363 Florida statutory or common law or exempt from the provisions of
364 the antitrust laws of the United States is exempt from the
365 provisions of this part chapter.
366 Section 7. Subsection (1) of section 542.22, Florida
367 Statutes, is amended to read:
368 542.22 Suits for damages.—
369 (1) Any person who shall be injured in her or his business
370 or property by reason of any violation of s. 542.18 or s. 542.19
371 may sue therefor in the circuit courts of this state and shall
372 recover threefold the damages by her or him sustained, and the
373 cost of suit, including a reasonable attorney attorney’s fee.
374 The court shall award a reasonable attorney attorney’s fee to a
375 defendant prevailing in any action under this part chapter for
376 damages or equitable relief in which the court finds there was a
377 complete absence of a justiciable issue of either law or fact
378 raised by the plaintiff.
379 Section 8. Section 542.23, Florida Statutes, is amended to
380 read:
381 542.23 Equitable remedies.—In addition to other remedies
382 provided by this part chapter, any person shall be entitled to
383 sue for and have injunctive or other equitable relief in the
384 circuit courts of this state against threatened loss or damage
385 by a violation of this part chapter. In any action under this
386 section in which the plaintiff substantially prevails, the court
387 shall award the cost of suit, including a reasonable attorney
388 attorney’s fee, to the plaintiff.
389 Section 9. Subsection (4) of section 542.235, Florida
390 Statutes, is amended to read:
391 542.235 Limitations of actions and penalties against local
392 governments and their officials and employees.—
393 (4) No criminal action shall be maintained pursuant to s.
394 542.21(2), and no civil penalties, damages, interest on damages,
395 costs, or attorney attorneys’ fees shall be recovered pursuant
396 to s. 542.21(1) or s. 542.22, against any local government
397 official or employee for official conduct within the scope of
398 her or his lawful authority, unless the official or employee has
399 violated the provisions of this part chapter for the purpose of
400 deriving personal financial or professional gain or for the
401 professional or financial gain of her or his immediate family or
402 of any principal by whom the official is retained.
403 Section 10. Section 542.24, Florida Statutes, is amended to
404 read:
405 542.24 Consent decrees and settlement agreements.—In a
406 civil action maintained under this part chapter by the Attorney
407 General or a state attorney, any party to such action may
408 petition the court for entry of a consent decree or for approval
409 of a settlement agreement. The proposed decree or agreement
410 shall set out the alleged violations, the future obligations of
411 the parties, the damages or other relief agreed upon, and the
412 reasons for entering into the consent decree or settlement
413 agreement.
414 Section 11. Section 542.25, Florida Statutes, is amended to
415 read:
416 542.25 Judgment in favor of state as prima facie evidence.
417 A final judgment or decree entered in any civil or criminal
418 proceeding brought by the Attorney General or a state attorney
419 under s. 542.21 or s. 542.23 to the effect that a defendant has
420 violated s. 542.18 or s. 542.19, or entered in any civil or
421 criminal proceeding brought by the United States Department of
422 Justice under comparable federal laws, shall be prima facie
423 evidence against such defendant in any civil action or
424 proceeding under this part chapter brought by any other person
425 against such defendant as to all matters with respect to which
426 such judgment or decree would be an estoppel as between the
427 parties thereto; however, this section does not apply to a
428 consent judgment or decree entered before any testimony has been
429 taken. Nothing contained in this section shall be construed to
430 impose any limitation on the application of collateral estoppel.
431 Section 12. Subsection (2) of section 542.26, Florida
432 Statutes, is amended to read:
433 542.26 Limitation of actions.—
434 (2) Whenever any civil or criminal proceeding is instituted
435 by the Attorney General or a state attorney to prevent,
436 restrain, or punish any violation of this part chapter, the
437 running of the statute of limitations, with respect to every
438 private right of action arising under this part chapter and
439 based in whole or in part on any matter complained of in said
440 proceeding, shall be suspended during the pendency thereof and
441 for 1 year thereafter. Whenever the running of the statute of
442 limitations in respect of a cause of action arising under s.
443 542.22(1) is suspended hereunder, any action to enforce such
444 cause of action shall be forever barred unless commenced either
445 within the period of suspension or within the period of
446 limitation.
447 Section 13. Section 542.27, Florida Statutes, is amended to
448 read:
449 542.27 Enforcement authority.—
450 (1) The Attorney General, or a state attorney with written
451 permission from the Attorney General, acting jointly or
452 independently, may commence and try all criminal prosecutions
453 under this part chapter. Criminal prosecutions under this part
454 chapter shall be commenced by indictment. With respect to
455 commencement and trial of such prosecutions, the Attorney
456 General or a state attorney shall have all the powers and duties
457 vested by law with respect to criminal prosecutions generally.
458 Incident to any investigation commenced under this part chapter,
459 the Attorney General may participate in and appear before a
460 grand jury in assistance of any state attorney, irrespective of
461 the provisions of chapter 905.
462 (2) The Attorney General is authorized to institute or
463 intervene in civil proceedings seeking the full range of relief
464 afforded by this part chapter or by federal laws pertaining to
465 antitrust or restraints of trade on behalf of the state, its
466 departments, agencies, and units of government. In addition, the
467 Attorney General, as chief state legal officer, may institute
468 any action authorized under this part chapter, federal laws
469 pertaining to antitrust or restraints of trade, or similar laws
470 of other states on behalf of natural persons in the state.
471 (3) Whenever the Attorney General, by her or his own
472 inquiry or as a result of a complaint, suspects that a violation
473 of this part chapter or federal laws pertaining to restraints of
474 trade is imminent, occurring, or has occurred, the Attorney
475 General may investigate such suspected violation.
476 Section 14. Paragraph (b) of subsection (2), paragraph (b)
477 of subsection (3), and subsections (5) and (13) of section
478 542.28, Florida Statutes, are amended to read:
479 542.28 Civil investigative demand.—
480 (2) The demand shall:
481 (b) State the nature of the conduct which constitutes the
482 violation of this part chapter or of the federal antitrust laws
483 and which is alleged to have occurred or to be imminent.
484 (3) No such demand shall require the production of any
485 documentary material, the submission of any answers to written
486 interrogatories, or the giving of any oral testimony if such
487 material, answers, or testimony would be protected from
488 disclosure under:
489 (b) The standards applicable to a discovery request under
490 the Florida Rules of Civil Procedure, to the extent that the
491 application of such standards to any such demand is appropriate
492 and consistent with the provisions and purposes of this part
493 chapter.
494 (5) Within 30 days after the service of an investigative
495 demand upon any person or at any time before the return date
496 specified therein, whichever period is longer, the person served
497 may file in the circuit court in and for the county in which the
498 person resides or transacts business, and serve upon the
499 Attorney General or state attorney, a petition for an order of
500 the court modifying or setting aside the demand. The time
501 allowed for compliance in whole or in part with the demand as
502 deemed proper and ordered by the court shall not run while the
503 petition is pending before the court. The petition shall specify
504 each ground upon which the petitioner relies in seeking relief
505 and may be based upon the failure of the demand to comply with
506 the provisions of this part chapter or upon any constitutional
507 or other legal right or privilege of such person.
508 (13) Nothing contained in this section shall impair the
509 authority of the Attorney General or state attorney to:
510 (a) Institute a civil proceeding under s. 542.22;
511 (b) Lay before a grand jury of this state evidence
512 concerning a violation of this part chapter;
513 (c) Invoke the power of a court to compel the production of
514 evidence before a grand jury; or
515 (d) File a civil complaint or criminal indictment alleging
516 a violation of this part chapter.
517 Section 15. Section 542.29, Florida Statutes, is amended to
518 read:
519 542.29 Duty of public officers.—In any investigation and in
520 any criminal or civil action commenced pursuant to this part
521 chapter, it shall be the duty of all public officers and their
522 deputies, assistants, clerks, subordinates, or employees to
523 render and furnish to the Attorney General or a state attorney,
524 when so requested, assistance and all information available in
525 their official capacity.
526 Section 16. Section 542.30, Florida Statutes, is amended to
527 read:
528 542.30 Jurisdiction and venue.—Without regard to the amount
529 in controversy, a suit or proceeding brought under this part
530 chapter shall be brought in the circuit court in and for any
531 county in which the cause of action arose; in which any
532 defendant resides, is found, or has an agent; or in which any
533 act in furtherance of the conduct prohibited by this part
534 chapter occurred.
535 Section 17. Section 542.31, Florida Statutes, is amended to
536 read:
537 542.31 Action not barred as affecting or involving
538 interstate or foreign commerce.—No action under this part
539 chapter shall be barred on the grounds that the activity or
540 conduct complained of in any way affects or involves interstate
541 or foreign commerce. It is the intent of the Legislature to
542 exercise its powers to the fullest extent consistent with the
543 Constitutions of this state and the United States.
544 Section 18. Section 542.32, Florida Statutes, is amended to
545 read:
546 542.32 Rule of construction and coverage.—It is the intent
547 of the Legislature that, in construing this part chapter, due
548 consideration and great weight be given to the interpretations
549 of the federal courts relating to comparable federal antitrust
550 statutes. In particular, the failure to include in this part
551 chapter the substantive provisions of s. 3 of the Clayton Act,
552 15 U.S.C. s. 14, shall not be deemed in any way to limit the
553 scope of s. 542.18 or s. 542.19.
554 Section 19. Subsection (1) of section 542.33, Florida
555 Statutes, is amended to read:
556 542.33 Contracts in restraint of trade valid.—
557 (1) Notwithstanding other provisions of this part chapter
558 to the contrary, each contract by which any person is restrained
559 from exercising a lawful profession, trade, or business of any
560 kind, as provided by subsections (2) and (3) hereof, is to that
561 extent valid, and all other contracts in restraint of trade are
562 void.
563 Section 20. Section 542.35, Florida Statutes, is amended to
564 read:
565 542.35 Remedies cumulative.—The remedies provided by this
566 part act are cumulative of each other and of existing powers and
567 remedies inherent in the courts.
568 Section 21. Section 542.36, Florida Statutes, is amended to
569 read:
570 542.36 Continuing violations.—Violations commenced prior to
571 October 1, 1980, the effective date of this act and continuing
572 after the effective date shall be actionable as provided in this
573 part chapter. The fact that any conduct occurred prior to
574 October 1, 1980, the effective date of this act shall not affect
575 its relevance in proving that a violation of this part chapter
576 has occurred or is occurring.
577 Section 22. This act shall take effect July 1, 2025.
578
579 ================= T I T L E A M E N D M E N T ================
580 And the title is amended as follows:
581 Delete everything before the enacting clause
582 and insert:
583 A bill to be entitled
584 An act relating to employment agreements; creating
585 part I of ch. 542, F.S., entitled the “Florida
586 Antitrust Act of 1980”; creating part II of ch. 542,
587 F.S., entitled the “Florida Contracts Honoring
588 Opportunity, Investment, Confidentiality, and Economic
589 Growth (CHOICE) Act”; creating s. 542.41, F.S.;
590 providing a short title; creating s. 542.42, F.S.;
591 providing legislative findings; creating s. 542.43,
592 F.S.; defining terms; creating s. 542.44, F.S.;
593 providing applicability; providing that certain
594 covered garden leave agreements are not a restraint of
595 trade or an attempt to monopolize trade or commerce;
596 providing notice requirements for covered garden leave
597 agreements; providing that a covered employer may
598 waive any portion of such notice requirements by
599 providing a specified amount of advance written notice
600 to the covered employee; providing that covered garden
601 leave agreements do not affect other agreements;
602 requiring a court to enter a preliminary injunction to
603 stop covered employees, businesses, entities, or
604 individuals if a breach of a covered garden leave
605 agreement is alleged; authorizing the court to modify
606 such an injunction if a covered employee, business,
607 entity, or individual establishes certain information
608 by clear and convincing evidence; requiring that
609 certain information be provided to the court under
610 seal; requiring the court to make presumptions of
611 certain fact; providing that a prevailing covered
612 employer is entitled to recover all available monetary
613 damages for all available claims; providing that a
614 prevailing party is entitled to reasonable attorney
615 fees and costs; authorizing a covered employer to
616 reduce the salary or benefits of a covered employee if
617 he or she engages in gross misconduct; providing that
618 such a reduction is not a breach of the covered garden
619 leave agreement; creating s. 542.45, F.S.; providing
620 applicability; providing that certain covered
621 noncompete agreements are not a restraint of trade or
622 an attempt to monopolize trade or commerce; providing
623 notice requirements for covered noncompete agreements;
624 providing that covered noncompete agreements do not
625 affect other agreements; requiring a court to enter a
626 preliminary injunction to stop covered employees,
627 businesses, entities, or individuals if a breach of a
628 covered noncompete agreement is alleged; authorizing
629 the court to modify such an injunction if a covered
630 employee, business, entity, or individual establishes
631 certain information by clear and convincing evidence
632 based on public or other nonconfidential information;
633 requiring that certain information be provided to the
634 court under seal; requiring the court to make
635 presumptions of certain facts; providing that a
636 prevailing covered employer is entitled to recover all
637 available monetary damages for all available claims;
638 providing that a prevailing party is entitled to
639 reasonable attorney fees and costs; authorizing a
640 covered employer to reduce the salary or benefits of a
641 covered employee if he or she engages in gross
642 misconduct; providing that such a reduction is not a
643 breach of the covered noncompete agreement; providing
644 construction regarding a restrictive covenant that
645 does not meet the definition of a covered garden leave
646 agreement or a covered noncompete agreement; amending
647 ss. 542.15, 542.16, 542.17, 542.20, 542.22, 542.23,
648 542.235, 542.24, 542.25, 542.26, 542.27, 542.28,
649 542.29, 542.30, 542.31, 542.32, 542.33, 542.35, and
650 542.36, F.S.; conforming provisions to changes made by
651 the act; providing an effective date.