Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. CS for SB 922
Ì3708620Î370862
LEGISLATIVE ACTION
Senate . House
Comm: FAV .
04/02/2025 .
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The Committee on Judiciary (Leek) recommended the following:
1 Senate Amendment to Amendment (839748) (with title
2 amendment)
3
4 Between lines 304 and 305
5 insert:
6 Section 3. Section 542.15, Florida Statutes, is amended to
7 read:
8 542.15 Short title.—This part act shall be known and may be
9 cited as the “Florida Antitrust Act of 1980.”
10 Section 4. Section 542.16, Florida Statutes, is amended to
11 read:
12 542.16 Purpose.—The Legislature declares it to be the
13 purpose of this part act to complement the body of federal law
14 prohibiting restraints of trade or commerce in order to foster
15 effective competition. It is the intent of the Legislature that
16 this part act be liberally construed to accomplish its
17 beneficial purpose.
18 Section 5. Section 542.17, Florida Statutes, is amended to
19 read:
20 542.17 Definitions.—Unless a different meaning is clearly
21 indicated by the context, for the purposes of this part chapter,
22 the terms defined in this section have the following meanings
23 ascribed to them:
24 (1) “Commodity” means any goods, merchandise, wares,
25 produce, chose in action, land, article of commerce, or other
26 tangible or intangible property, real, personal, or mixed, for
27 use, consumption, production, enjoyment, or resale.
28 (2) “Service” means any kind of activity performed in whole
29 or in part for economic benefit.
30 (3) “Person” means any individual, corporation, firm,
31 partnership, limited partnership, incorporated or unincorporated
32 association, professional association, or other legal,
33 commercial, or governmental entity, including the State of
34 Florida, its departments, agencies, political subdivisions, and
35 units of government.
36 (4) “Trade or commerce” means any economic activity of any
37 type whatsoever involving any commodity or service whatsoever.
38 (5) “Document” means any stored or retained data or
39 information in whatever form.
40 (6) “Attorney General” includes not only the Attorney
41 General of Florida but also any designee of the Attorney General
42 or any assistant attorney general or special assistant attorney
43 general.
44 (7) “State attorney” includes not only the state attorneys
45 of Florida but also any designee of a state attorney or any
46 assistant state attorney or special assistant state attorney.
47 (8) “Local government” means a municipality, county, school
48 district, or any other general-function or special-function
49 governmental unit established by the laws of the state.
50 Section 6. Section 542.20, Florida Statutes, is amended to
51 read:
52 542.20 Exemptions.—Any activity or conduct exempt under
53 Florida statutory or common law or exempt from the provisions of
54 the antitrust laws of the United States is exempt from the
55 provisions of this part chapter.
56 Section 7. Subsection (1) of section 542.22, Florida
57 Statutes, is amended to read:
58 542.22 Suits for damages.—
59 (1) Any person who shall be injured in her or his business
60 or property by reason of any violation of s. 542.18 or s. 542.19
61 may sue therefor in the circuit courts of this state and shall
62 recover threefold the damages by her or him sustained, and the
63 cost of suit, including a reasonable attorney’s fee. The court
64 shall award a reasonable attorney’s fee to a defendant
65 prevailing in any action under this part chapter for damages or
66 equitable relief in which the court finds there was a complete
67 absence of a justiciable issue of either law or fact raised by
68 the plaintiff.
69 Section 8. Section 542.23, Florida Statutes, is amended to
70 read:
71 542.23 Equitable remedies.—In addition to other remedies
72 provided by this part chapter, any person shall be entitled to
73 sue for and have injunctive or other equitable relief in the
74 circuit courts of this state against threatened loss or damage
75 by a violation of this part chapter. In any action under this
76 section in which the plaintiff substantially prevails, the court
77 shall award the cost of suit, including a reasonable attorney’s
78 fee, to the plaintiff.
79 Section 9. Subsection (4) of section 542.235, Florida
80 Statutes, is amended to read:
81 542.235 Limitations of actions and penalties against local
82 governments and their officials and employees.—
83 (4) No criminal action shall be maintained pursuant to s.
84 542.21(2), and no civil penalties, damages, interest on damages,
85 costs, or attorneys’ fees shall be recovered pursuant to s.
86 542.21(1) or s. 542.22, against any local government official or
87 employee for official conduct within the scope of her or his
88 lawful authority, unless the official or employee has violated
89 the provisions of this part chapter for the purpose of deriving
90 personal financial or professional gain or for the professional
91 or financial gain of her or his immediate family or of any
92 principal by whom the official is retained.
93 Section 10. Section 542.24, Florida Statutes, is amended to
94 read:
95 542.24 Consent decrees and settlement agreements.—In a
96 civil action maintained under this part chapter by the Attorney
97 General or a state attorney, any party to such action may
98 petition the court for entry of a consent decree or for approval
99 of a settlement agreement. The proposed decree or agreement
100 shall set out the alleged violations, the future obligations of
101 the parties, the damages or other relief agreed upon, and the
102 reasons for entering into the consent decree or settlement
103 agreement.
104 Section 11. Section 542.25, Florida Statutes, is amended to
105 read:
106 542.25 Judgment in favor of state as prima facie evidence.
107 A final judgment or decree entered in any civil or criminal
108 proceeding brought by the Attorney General or a state attorney
109 under s. 542.21 or s. 542.23 to the effect that a defendant has
110 violated s. 542.18 or s. 542.19, or entered in any civil or
111 criminal proceeding brought by the United States Department of
112 Justice under comparable federal laws, shall be prima facie
113 evidence against such defendant in any civil action or
114 proceeding under this part chapter brought by any other person
115 against such defendant as to all matters with respect to which
116 such judgment or decree would be an estoppel as between the
117 parties thereto; however, this section does not apply to a
118 consent judgment or decree entered before any testimony has been
119 taken. Nothing contained in this section shall be construed to
120 impose any limitation on the application of collateral estoppel.
121 Section 12. Subsection (2) of section 542.26, Florida
122 Statutes, is amended to read:
123 542.26 Limitation of actions.—
124 (2) Whenever any civil or criminal proceeding is instituted
125 by the Attorney General or a state attorney to prevent,
126 restrain, or punish any violation of this part chapter, the
127 running of the statute of limitations, with respect to every
128 private right of action arising under this part chapter and
129 based in whole or in part on any matter complained of in said
130 proceeding, shall be suspended during the pendency thereof and
131 for 1 year thereafter. Whenever the running of the statute of
132 limitations in respect of a cause of action arising under s.
133 542.22(1) is suspended hereunder, any action to enforce such
134 cause of action shall be forever barred unless commenced either
135 within the period of suspension or within the period of
136 limitation.
137 Section 13. Section 542.27, Florida Statutes, is amended to
138 read:
139 542.27 Enforcement authority.—
140 (1) The Attorney General, or a state attorney with written
141 permission from the Attorney General, acting jointly or
142 independently, may commence and try all criminal prosecutions
143 under this part chapter. Criminal prosecutions under this part
144 chapter shall be commenced by indictment. With respect to
145 commencement and trial of such prosecutions, the Attorney
146 General or a state attorney shall have all the powers and duties
147 vested by law with respect to criminal prosecutions generally.
148 Incident to any investigation commenced under this part chapter,
149 the Attorney General may participate in and appear before a
150 grand jury in assistance of any state attorney, irrespective of
151 the provisions of chapter 905.
152 (2) The Attorney General is authorized to institute or
153 intervene in civil proceedings seeking the full range of relief
154 afforded by this part chapter or by federal laws pertaining to
155 antitrust or restraints of trade on behalf of the state, its
156 departments, agencies, and units of government. In addition, the
157 Attorney General, as chief state legal officer, may institute
158 any action authorized under this part chapter, federal laws
159 pertaining to antitrust or restraints of trade, or similar laws
160 of other states on behalf of natural persons in the state.
161 (3) Whenever the Attorney General, by her or his own
162 inquiry or as a result of a complaint, suspects that a violation
163 of this part chapter or federal laws pertaining to restraints of
164 trade is imminent, occurring, or has occurred, the Attorney
165 General may investigate such suspected violation.
166 Section 14. Paragraph (b) of subsection (2), paragraph (b)
167 of subsection (3), and subsections (5) and (13) of section
168 542.28, Florida Statutes, are amended to read:
169 542.28 Civil investigative demand.—
170 (2) The demand shall:
171 (b) State the nature of the conduct which constitutes the
172 violation of this part chapter or of the federal antitrust laws
173 and which is alleged to have occurred or to be imminent.
174 (3) No such demand shall require the production of any
175 documentary material, the submission of any answers to written
176 interrogatories, or the giving of any oral testimony if such
177 material, answers, or testimony would be protected from
178 disclosure under:
179 (b) The standards applicable to a discovery request under
180 the Florida Rules of Civil Procedure, to the extent that the
181 application of such standards to any such demand is appropriate
182 and consistent with the provisions and purposes of this part
183 chapter.
184 (5) Within 30 days after the service of an investigative
185 demand upon any person or at any time before the return date
186 specified therein, whichever period is longer, the person served
187 may file in the circuit court in and for the county in which the
188 person resides or transacts business, and serve upon the
189 Attorney General or state attorney, a petition for an order of
190 the court modifying or setting aside the demand. The time
191 allowed for compliance in whole or in part with the demand as
192 deemed proper and ordered by the court shall not run while the
193 petition is pending before the court. The petition shall specify
194 each ground upon which the petitioner relies in seeking relief
195 and may be based upon the failure of the demand to comply with
196 the provisions of this part chapter or upon any constitutional
197 or other legal right or privilege of such person.
198 (13) Nothing contained in this section shall impair the
199 authority of the Attorney General or state attorney to:
200 (a) Institute a civil proceeding under s. 542.22;
201 (b) Lay before a grand jury of this state evidence
202 concerning a violation of this part chapter;
203 (c) Invoke the power of a court to compel the production of
204 evidence before a grand jury; or
205 (d) File a civil complaint or criminal indictment alleging
206 a violation of this part chapter.
207 Section 15. Section 542.29, Florida Statutes, is amended to
208 read:
209 542.29 Duty of public officers.—In any investigation and in
210 any criminal or civil action commenced pursuant to this part
211 chapter, it shall be the duty of all public officers and their
212 deputies, assistants, clerks, subordinates, or employees to
213 render and furnish to the Attorney General or a state attorney,
214 when so requested, assistance and all information available in
215 their official capacity.
216 Section 16. Section 542.30, Florida Statutes, is amended to
217 read:
218 542.30 Jurisdiction and venue.—Without regard to the amount
219 in controversy, a suit or proceeding brought under this part
220 chapter shall be brought in the circuit court in and for any
221 county in which the cause of action arose; in which any
222 defendant resides, is found, or has an agent; or in which any
223 act in furtherance of the conduct prohibited by this part
224 chapter occurred.
225 Section 17. Section 542.31, Florida Statutes, is amended to
226 read:
227 542.31 Action not barred as affecting or involving
228 interstate or foreign commerce.—No action under this part
229 chapter shall be barred on the grounds that the activity or
230 conduct complained of in any way affects or involves interstate
231 or foreign commerce. It is the intent of the Legislature to
232 exercise its powers to the fullest extent consistent with the
233 Constitutions of this state and the United States.
234 Section 18. Section 542.32, Florida Statutes, is amended to
235 read:
236 542.32 Rule of construction and coverage.—It is the intent
237 of the Legislature that, in construing this part chapter, due
238 consideration and great weight be given to the interpretations
239 of the federal courts relating to comparable federal antitrust
240 statutes. In particular, the failure to include in this part
241 chapter the substantive provisions of s. 3 of the Clayton Act,
242 15 U.S.C. s. 14, shall not be deemed in any way to limit the
243 scope of s. 542.18 or s. 542.19.
244 Section 19. Subsection (1) of section 542.33, Florida
245 Statutes, is amended to read:
246 542.33 Contracts in restraint of trade valid.—
247 (1) Notwithstanding other provisions of this part chapter
248 to the contrary, each contract by which any person is restrained
249 from exercising a lawful profession, trade, or business of any
250 kind, as provided by subsections (2) and (3) hereof, is to that
251 extent valid, and all other contracts in restraint of trade are
252 void.
253 Section 20. Section 542.35, Florida Statutes, is amended to
254 read:
255 542.35 Remedies cumulative.—The remedies provided by this
256 part act are cumulative of each other and of existing powers and
257 remedies inherent in the courts.
258 Section 21. Section 542.36, Florida Statutes, is amended to
259 read:
260 542.36 Continuing violations.—Violations commenced prior to
261 October 1, 1980, the effective date of this act and continuing
262 after the effective date shall be actionable as provided in this
263 part chapter. The fact that any conduct occurred prior to
264 October 1, 1980, the effective date of this act shall not affect
265 its relevance in proving that a violation of this part chapter
266 has occurred or is occurring.
267
268 ================= T I T L E A M E N D M E N T ================
269 And the title is amended as follows:
270 Delete line 373
271 and insert:
272 agreement or a covered noncompete agreement; amending
273 ss. 542.15, 542.16, 542.17, 542.20, 542.22, 542.23,
274 542.235, 542.24, 542.25, 542.26, 542.27, 542.28,
275 542.29, 542.30, 542.31, 542.32, 542.33, 542.35, and
276 542.36, F.S., to conform to the changes made by this
277 act; providing