The proposed bill introduces two new parts within Chapter 542 of the Florida Statutes: the Florida Antitrust Act of 1980 and the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act. It outlines specific provisions regarding garden leave and noncompete agreements, defining key terms such as "covered employee" and "covered employer." The bill stipulates that certain garden leave agreements will not be deemed a restraint of trade if they adhere to specified notice requirements. It also allows covered employers to waive portions of these requirements and establishes a process for courts to issue preliminary injunctions in cases of alleged breaches. Additionally, prevailing employers are entitled to recover monetary damages and reasonable attorney fees in disputes related to these agreements.

The bill further amends existing sections of the Florida Statutes to replace the term "act" with "part" in relation to the Florida Antitrust Act of 1980, enhancing clarity on definitions related to commodities, services, and trade. It outlines the enforcement authority of the Attorney General and state attorneys in prosecuting antitrust violations, including the ability to seek civil remedies. The bill also clarifies that no demand for documentary material or testimony is required if protected under the Florida Rules of Civil Procedure and allows individuals served with an investigative demand to petition the circuit court for modifications. The effective date for these changes is set for July 1, 2025.

Statutes affected:
S 922 c2: 542.15, 542.16, 542.20, 542.22, 542.23, 542.235, 542.24, 542.25, 542.26, 542.27, 542.29, 542.30, 542.31, 542.32, 542.33, 542.35, 542.36
S 922 c3: 542.15, 542.16, 542.20, 542.22, 542.23, 542.235, 542.24, 542.25, 542.26, 542.27, 542.29, 542.30, 542.31, 542.32, 542.33, 542.35, 542.36