The bill CS/CS/CS/HB 1219 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 establishes provisions for covered garden leave and noncompete agreements, clarifying that these agreements are not restraints of trade. The bill outlines specific notice requirements for these agreements, allows for waivers under certain conditions, and mandates courts to issue preliminary injunctions to prevent breaches. It also enables prevailing covered employers to recover monetary damages and attorney fees, while allowing for salary reductions in cases of gross misconduct without breaching the agreement.
Additionally, the bill amends various sections of the Florida Statutes to replace the term "act" with "part," ensuring consistency in legal terminology. It enhances the Attorney General's authority to investigate antitrust violations and outlines the procedures for civil investigative demands, while emphasizing the duty of public officers to assist in these investigations. The bill clarifies that actions under this part are not barred by their relation to interstate or foreign commerce and mandates that federal antitrust interpretations be considered in its construction. The act is set to take effect on July 1, 2025.
Statutes affected: H 1219 c2: 542.15, 542.16, 542.17, 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
H 1219 c3: 542.15, 542.16, 542.17, 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
H 1219 er: 542.15, 542.16, 542.17, 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