The proposed bill establishes 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 introduces specific provisions regarding garden leave and noncompete agreements, defining terms such as "covered employee" and "covered employer." The bill stipulates that certain garden leave agreements will not be considered a restraint of trade if they meet specific notice requirements and conditions, and it allows covered employers to waive portions of these requirements. Additionally, it outlines the process for courts to issue preliminary injunctions in cases of alleged breaches and mandates that prevailing employers can recover monetary damages and reasonable attorney fees in disputes related to these agreements.

The bill also amends various sections of the Florida Statutes to replace the term "act" with "part" in relation to the Florida Antitrust Act, clarifying the legal framework surrounding antitrust enforcement. It specifies that a covered noncompete agreement is enforceable if the covered employee is informed in writing about their right to seek legal counsel and acknowledges receipt of confidential information. The bill allows individuals served with an investigative demand to petition the circuit court for modification or dismissal of the demand and ensures that violations of the law that began before October 1, 1980, but continued after that date remain actionable. Overall, the legislation aims to strengthen the legal protections for employers while enhancing the clarity and effectiveness of Florida's antitrust enforcement mechanisms, set to take effect on 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