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 enforceable garden leave and noncompete agreements, detailing the conditions under which these agreements are valid. Notably, garden leave agreements will not be deemed a restraint of trade if they adhere to specific notice requirements. The bill also outlines the rights of employers and employees, allowing employers to reduce salaries or benefits in cases of gross misconduct without breaching the agreement. Courts are mandated to issue preliminary injunctions to prevent breaches and can modify agreements based on clear evidence, while prevailing parties are entitled to recover damages and attorney fees.

Additionally, the bill amends existing statutes to replace the term "act" with "part" for consistency and clarifies the Attorney General's role in antitrust investigations. It ensures that civil investigative demands comply with legal standards and emphasizes the duty of public officers to assist in these investigations. The bill also establishes jurisdiction for antitrust lawsuits and asserts that actions are not limited by interstate commerce considerations, aligning state laws with federal antitrust statutes. Overall, the legislation aims to enhance the enforceability of noncompete agreements and strengthen legal protections for both employers and employees in Florida, with an effective date set for 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