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, clarifying that certain covered agreements will not be deemed restraints of trade. The bill establishes notice requirements for these agreements, allows employers to waive portions of the notice under certain conditions, and mandates that courts issue preliminary injunctions to prevent breaches. It also permits prevailing employers to recover monetary damages and attorney fees, while allowing for salary or benefit reductions for employees engaged in gross misconduct without constituting a breach of the agreement.
Additionally, the bill amends existing sections of the Florida Statutes to replace the term "act" with "part" in relation to the Florida Antitrust Act and updates terminology in various sections concerning investigative demands and jurisdiction. It clarifies that no demand for information is required if protected under the Florida Rules of Civil Procedure and allows individuals to petition the circuit court regarding investigative demands. The bill emphasizes the duty of public officers to assist in investigations and asserts that actions under this part are not barred due to their relation to interstate or foreign commerce. It also establishes that contracts restraining trade are valid under specific conditions, with cumulative remedies provided. The effective date for this act 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