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         542.41Short title.—This part may be cited as the “Florida
   13  Contracts Honoring Opportunity, Investment, Confidentiality, and
   14  Economic Growth (CHOICE) Act.”
   15         542.42Legislative 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         542.43Definitions.—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         542.44Covered 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         542.45Covered 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.