House Bill 1219 introduces significant changes to Florida's legal framework regarding noncompete and garden leave agreements by establishing two new parts within Chapter 542 of the Florida Statutes: "The Florida Antitrust Act of 1980" and "The Florida Trade Secret Protection Act." The bill defines covered garden leave and noncompete agreements, clarifying that these contracts are not deemed restraints of trade if they adhere to specific criteria, such as providing proper notice and allowing employers to waive certain requirements. It mandates that courts issue preliminary injunctions to prevent breaches of these agreements and allows for modifications based on evidence presented by the involved parties.
Additionally, the bill outlines the rights and obligations of both employers and employees under these agreements. It requires that covered employees receive notice of noncompete agreements at least seven days before an employment offer expires and stipulates that the noncompete period will be reduced by any nonworking portion of the notice period if a garden leave agreement is in effect. The bill also ensures that prevailing employers can recover monetary damages and attorney fees, while allowing employers to reduce employee salaries or benefits in cases of gross misconduct without breaching the agreements. The act is set to take effect on July 1, 2025.