Florida Senate - 2025 CS for CS for CS for SB 922
By the Committees on Rules; Judiciary; and Commerce and Tourism;
and Senator Leek
595-03648-25 2025922c3
1 A bill to be entitled
2 An act relating to employment agreements; creating
3 part I of ch. 542, F.S., entitled the “Florida
4 Antitrust Act of 1980”; creating part II of ch. 542,
5 F.S., entitled the “Florida Contracts Honoring
6 Opportunity, Investment, Confidentiality, and Economic
7 Growth (CHOICE) Act”; creating s. 542.41, F.S.;
8 providing a short title; creating s. 542.42, F.S.;
9 providing legislative findings; creating s. 542.43,
10 F.S.; defining terms; creating s. 542.44, F.S.;
11 providing applicability; providing that certain
12 covered garden leave agreements are not a restraint of
13 trade or an attempt to monopolize trade or commerce;
14 providing notice requirements for covered garden leave
15 agreements; providing that a covered employer may
16 waive any portion of such notice requirements by
17 providing a specified amount of advance written notice
18 to the covered employee; providing that covered garden
19 leave agreements do not affect other agreements;
20 requiring a court to enter a preliminary injunction to
21 stop covered employees, businesses, entities, or
22 individuals if a breach of a covered garden leave
23 agreement is alleged; authorizing the court to modify
24 such an injunction if a covered employee, business,
25 entity, or individual establishes certain information
26 by clear and convincing evidence; requiring that
27 certain information be provided to the court under
28 seal; requiring the court to make presumptions of
29 certain facts; providing that a prevailing covered
30 employer is entitled to recover all available monetary
31 damages for all available claims; providing that a
32 prevailing party is entitled to reasonable attorney
33 fees and costs; authorizing a covered employer to
34 reduce the salary or benefits of a covered employee if
35 he or she engages in gross misconduct; providing that
36 such a reduction is not a breach of the covered garden
37 leave agreement; creating s. 542.45, F.S.; providing
38 applicability; providing that certain covered
39 noncompete agreements are not a restraint of trade or
40 an attempt to monopolize trade or commerce; providing
41 notice requirements for covered noncompete agreements;
42 providing that covered noncompete agreements do not
43 affect other agreements; requiring a court to enter a
44 preliminary injunction to stop covered employees,
45 businesses, entities, or individuals if a breach of a
46 covered noncompete agreement is alleged; authorizing
47 the court to modify such an injunction if a covered
48 employee, business, entity, or individual establishes
49 certain information by clear and convincing evidence
50 based on public or other nonconfidential information;
51 requiring that certain information be provided to the
52 court under seal; requiring the court to make
53 presumptions of certain facts; providing that a
54 prevailing covered employer is entitled to recover all
55 available monetary damages for all available claims;
56 providing that a prevailing party is entitled to
57 reasonable attorney fees and costs; authorizing a
58 covered employer to reduce the salary or benefits of a
59 covered employee if he or she engages in gross
60 misconduct; providing that such a reduction is not a
61 breach of the covered noncompete agreement; providing
62 construction regarding a restrictive covenant that
63 does not meet the definition of a covered garden leave
64 agreement or a covered noncompete agreement; amending
65 ss. 542.15, 542.16, 542.17, 542.20, 542.22, 542.23,
66 542.235, 542.24, 542.25, 542.26, 542.27, 542.28,
67 542.29, 542.30, 542.31, 542.32, 542.33, 542.35, and
68 542.36, F.S.; conforming provisions to changes made by
69 the act; providing an effective date.
70
71 Be It Enacted by the Legislature of the State of Florida:
72
73 Section 1. Part I of chapter 542, Florida Statutes,
74 consisting of ss. 542.15-542.36, Florida Statutes, is created
75 and entitled the “Florida Antitrust Act of 1980.”
76 Section 2. Part II of chapter 542, Florida Statutes,
77 consisting of ss. 542.41-542.45, Florida Statutes, is created
78 and entitled the “Florida Contracts Honoring Opportunity,
79 Investment, Confidentiality, and Economic Growth (CHOICE) Act.”
80 542.41 Short title.—This part may be cited as the “Florida
81 Contracts Honoring Opportunity, Investment, Confidentiality, and
82 Economic Growth (CHOICE) Act.”
83 542.42 Legislative findings.—The Legislature finds that a
84 proper and legitimate state interest is served by enforcing
85 strong legal protections in contracts between employers and
86 contracted personnel which encourage optimal levels of
87 information sharing and training and development. The
88 Legislature further finds that alternative means of protecting
89 confidential information and client relationships, such as
90 nondisclosure agreements, fixed-duration term contracts, and
91 nonsolicitation clauses in employment contracts, are inadequate
92 to protect against the significant global risks faced by
93 companies in this state. The Legislature further finds that
94 predictability in the enforcement of contracts described in this
95 part encourages investment in this state. Therefore, the
96 Legislature determines and declares that this part fulfills an
97 important state interest.
98 542.43 Definitions.—For the purposes of this part, the
99 term:
100 (1) “Annual mean wage of employees in Florida” or “annual
101 mean wage” means the most recent annual mean wage as calculated
102 by the United States Department of Labor Bureau of Labor
103 Statistics, or its successor calculation, for all occupations in
104 this state.
105 (2) “Benefit” means access to health insurance, life
106 insurance, or disability insurance that is the same as or
107 similar to the insurance that a covered employee had access to
108 and at the same cost to that employee during the month before
109 the commencement of his or her notice period.
110 (3) “Covered employee” means an employee or an individual
111 contractor who earns or is reasonably expected to earn a salary
112 greater than twice the annual mean wage of the county in this
113 state which the employer has its principal place of business, or
114 the county in this state in which the employee resides if the
115 employer’s principal place of business is not in this state. The
116 term does not include a person classified as a health care
117 practitioner as defined in s. 456.001.
118 (4) “Covered employer” means an entity or individual who
119 employs or engages a covered employee.
120 (5) “Covered garden leave agreement” means a written
121 agreement, or part of a written agreement, between a covered
122 employee and a covered employer in which:
123 (a) The covered employee and covered employer agree to up
124 to, but no more than, 4 years of advance, express notice before
125 terminating the employment or contractor relationship;
126 (b) The covered employee agrees not to resign before the
127 end of such notice period; and
128 (c) The covered employer agrees to retain the covered
129 employee for the duration of such notice period and to continue
130 paying the covered employee the same salary and providing the
131 same benefits that the covered employee received from the
132 covered employer in the last month before the commencement of
133 the notice period. The covered employer is not obligated to
134 provide discretionary incentive compensation or benefits or have
135 the covered employee continue performing any work during the
136 notice period.
137 (6) “Covered noncompete agreement” means a written
138 agreement, or a portion of a written agreement, between a
139 covered employee and a covered employer in which, for a period
140 not to exceed 4 years and within the geographic area defined in
141 the agreement, the covered employee agrees not to assume a role
142 with or for another business, entity, or individual:
143 (a) In which the covered employee would provide services
144 similar to the services provided to the covered employer during
145 the 3 years preceding the noncompete period; or
146 (b) In which it is reasonably likely the covered employee
147 would use the confidential information or customer relationships
148 of the covered employer.
149 (7) “Noncompete period” means the time from the covered
150 employee’s termination of employment through the end of the
151 agreed-upon postemployment period of noncompetition as set forth
152 in the covered noncompete agreement.
153 (8) “Notice period” means the date from the covered
154 employee’s or covered employer’s written notice of intent to
155 terminate the covered employee’s employment through the date of
156 termination as set forth in a covered garden leave agreement.
157 (9) “Primary place of work” means the location where the
158 covered employee spends more work time than any other single
159 workplace.
160 (10) “Salary” means the base compensation, calculated on an
161 annualized basis, which a covered employer pays a covered
162 employee, including a base wage, a salary, a professional fee,
163 or other compensation for personal services, and the fair market
164 value of any benefit other than cash. Salary does not include
165 health care benefits, severance pay, retirement benefits,
166 expense reimbursement, distribution of earnings and profits not
167 included as compensation for personal services, discretionary
168 incentives or awards, or anticipated but indeterminable
169 compensation, including tips, bonuses, or commissions.
170 542.44 Covered garden leave agreement.—
171 (1) APPLICABILITY.—This section applies to:
172 (a) A covered garden leave agreement with a covered
173 employee who maintains a primary place of work in this state,
174 regardless of any applicable choice of law provisions; or
175 (b) A covered garden leave agreement with a covered
176 employer whose principal place of business is in this state and
177 which agreement is expressly governed by the laws of this state.
178
179 If any provision of this section is in conflict with any other
180 law, the provisions of this section shall govern.
181 (2) RESTRAINT OF TRADE.—A covered garden leave agreement
182 does not violate public policy as a restraint of trade, as
183 described in s. 542.18, or an attempt to monopolize trade or
184 commerce in this state, as described in s. 542.19, and is fully
185 enforceable according to its terms, provided that:
186 (a) A covered employee was advised, in writing, of the
187 right to seek counsel before execution of the covered garden
188 leave agreement and was provided notice as described in
189 subsection (3);
190 (b) A covered employee acknowledges, in writing, receipt of
191 confidential information or customer relationships; and
192 (c) The covered garden leave agreement provides that:
193 1. After the first 90 days of the notice period, the
194 covered employee does not have to provide services to the
195 covered employer;
196 2. The covered employee may engage in nonwork activities at
197 any time, including during normal business hours, during the
198 remainder of the notice period;
199 3. The covered employee may, with the permission of the
200 covered employer, work for another employer while still employed
201 by the covered employer during the remainder of the notice
202 period; and
203 4. The garden leave agreement notice period may be reduced
204 during the notice period if the covered employer provides at
205 least 30 days’ advance notice in writing to the covered
206 employee.
207 (3) NOTICE.—
208 (a) A covered employer must provide a proposed covered
209 garden leave agreement to:
210 1. A prospective covered employee at least 7 days before an
211 offer of employment expires; or
212 2. A current covered employee at least 7 days before the
213 date that an offer to enter into a covered garden leave
214 agreement expires.
215 (b) A covered employer may, as provided for in the covered
216 garden leave agreement, shorten the term of the notice period at
217 any time during the notice period by providing at least 30 days’
218 advance notice in writing to the covered employee.
219 (4) OTHER AGREEMENTS.—This section does not affect or limit
220 the enforceability of any other employment agreement or any
221 other agreement.
222 (5) BREACH OF A COVERED GARDEN LEAVE AGREEMENT; REMEDIES.—
223 (a) Upon application by a covered employer seeking
224 enforcement of a covered garden leave agreement, a court must
225 preliminarily enjoin a covered employee from providing services
226 to any business, entity, or individual other than the covered
227 employer during the notice period. The court may modify or
228 dissolve the injunction only if the covered employee establishes
229 by clear and convincing evidence that:
230 1. The covered employee will not perform, during the notice
231 period, any work similar to the services provided to the covered
232 employer during the 3-year period preceding the commencement of
233 the notice period, or use confidential information or customer
234 relationships of the covered employer; or
235 2. The covered employer has failed to pay or provide the
236 salary and benefits provided for in the covered garden leave
237 agreement during the notice period and has had a reasonable
238 opportunity to cure the failure.
239 (b) Upon application by a covered employer seeking
240 enforcement of a covered garden leave agreement, a court must
241 preliminarily enjoin any business, entity, or individual from
242 engaging a covered employee during the covered employee’s notice
243 period. The court may modify or dissolve the injunction only if
244 the business, entity, or individual establishes by clear and
245 convincing evidence, based on public or other nonconfidential
246 information, that:
247 1. The covered employee will not provide any services
248 similar to the services provided to the covered employer during
249 the 3-year period preceding the commencement of the notice
250 period, or use confidential information or customer
251 relationships of the covered employer; or
252 2. The business or individual seeking to employ or engage
253 the covered employee is not engaged in, and is not planning or
254 preparing to engage in, any business activity similar to that
255 engaged in by the covered employer during the notice period.
256
257 Any information filed with the court which the covered employer
258 deems to be confidential must be filed under seal to protect
259 confidentiality or avoid substantial injury. A court must
260 presume that an employee or an individual contractor has access
261 to confidential information or customer relationships if the
262 employee or individual contractor acknowledges the access or
263 receipt of such access in writing.
264 (c) The injunctive relief provided under this section is
265 not an exclusive remedy, and a prevailing covered employer is
266 entitled to recover all available monetary damages for all
267 available claims.
268 (d) In any action to enforce this section, the prevailing
269 party is entitled to reasonable attorney fees and costs.
270 (e) If the covered employee engages in gross misconduct
271 against the covered employer, the covered employer may reduce
272 the salary or benefits of the covered employee or take other
273 appropriate action during the notice period, which reduction or
274 other action may not be considered a breach of the covered
275 garden leave agreement.
276 542.45 Covered noncompete agreements.—
277 (1) APPLICABILITY.—This section applies to:
278 (a) A covered noncompete agreement with a covered employee
279 who maintains a primary place of work in this state, regardless
280 of any applicable choice of law provisions; or
281 (b) A covered noncompete agreement with a covered employer
282 whose principal place of business is in this state and which
283 agreement is expressly governed by the laws of this state.
284
285 In either case, if any provision of this section is in conflict
286 with any other law, the provisions of this section govern.
287 (2) RESTRAINT OF TRADE.—A covered noncompete agreement does
288 not violate public policy as a restraint of trade, as described
289 in s. 542.18, or an attempt to monopolize trade or commerce in
290 this state, as described in s. 542.19, and is fully enforceable
291 according to its terms, provided that:
292 (a) A covered employee was advised, in writing, of the
293 right to seek counsel prior to execution of the covered
294 noncompete agreement and was provided notice as described in
295 subsection (3);
296 (b) A covered employee acknowledges, in writing, that in
297 the course of his or her employment he or she will receive
298 confidential information or customer relationships; and
299 (c) A covered noncompete agreement provides that the
300 noncompete period is reduced day-for-day by any nonworking
301 portion of the notice period, pursuant to a covered garden leave
302 agreement between the covered employee and the covered employer,
303 if applicable.
304 (3) NOTICE.—A covered employer must provide a proposed
305 covered noncompete agreement to:
306 (a) A prospective covered employee at least 7 days before
307 an offer of employment expires; or
308 (b) A current covered employee at least 7 days before the
309 date that an offer to enter into a covered noncompete agreement
310 expires.
311 (4) OTHER AGREEMENTS.—This section does not affect or limit
312 the enforceability of any other employment agreement or any
313 other agreement.
314 (5) BREACH OF COVERED NONCOMPETE AGREEMENT; REMEDIES.—
315 (a) Upon application by a covered employer seeking
316 enforcement of a covered noncompete agreement, a court must
317 preliminarily enjoin a covered employee from providing services
318 to any business, entity, or individual other than the covered
319 employer during the noncompete period. The court may modify or
320 dissolve the injunction only if the covered employee establishes
321 by clear and convincing evidence based on public or other
322 nonconfidential information that:
323 1. The covered employee will not perform, during the
324 noncompete period, any work similar to the services provided to
325 the covered employer during the 3-year period preceding the
326 commencement of the noncompete period, or use confidential
327 information or customer relationships of the covered employer;
328 2. The covered employer has failed to pay or provide the
329 consideration provided for in the covered noncompete agreement
330 and has had a reasonable opportunity to cure the failure; or
331 3. The business or individual seeking to employ or engage
332 the covered employee is not engaged in, and is not planning or
333 preparing to engage in during the noncompete period:
334 a. Business activity similar to that engaged in by the
335 covered employer; and
336 b. In the geographic area specified in the noncompete
337 agreement.
338 (b) Upon application by a covered employer seeking
339 enforcement of a covered noncompete agreement, a court must
340 preliminarily enjoin any business, entity, or individual from
341 engaging a covered employee during the covered employee’s
342 noncompete period. The court may modify or dissolve the
343 injunction only if the business, entity, or individual
344 establishes by clear and convincing evidence, based on public or
345 other nonconfidential information, that:
346 1. The covered employee will not provide any services
347 similar to the services provided to the covered employer during
348 the 3-year period preceding the commencement of the noncompete
349 period, or use confidential information or customer
350 relationships of the covered employer; or
351 2. The business or individual seeking to employ or engage
352 the covered employee is not engaged in, and is not planning or
353 preparing to engage in during the noncompete period:
354 a. Business activity similar to that engaged in by the
355 covered employer; and
356 b. In the geographic area specified in the noncompete
357 agreement.
358
359 Any information filed with the court which the covered employer
360 deems to be confidential must be filed under seal to protect
361 confidentiality or avoid substantial injury. A court must
362 presume that an employee or an individual contractor has access
363 to confidential information or customer relationships if the
364 employee or individual contractor acknowledges the access or
365 receipt of such access in writing.
366 (c) The injunctive relief provided in this section is not
367 an exclusive remedy, and a prevailing covered employer is
368 entitled to recover all available monetary damages for all
369 available claims.
370 (d) In any action to enforce this section, the prevailing
371 party is entitled to reasonable attorney fees and costs.
372 (e) If the covered employee engages in gross misconduct
373 against the covered employer, the covered employer may reduce
374 the salary or benefits of the covered employee or take other
375 appropriate action during the noncompete period, which reduction
376 or other action may not be considered a breach of the covered
377 noncompete agreement.
378
379 Any action regarding a restrictive covenant that does not meet
380 the definition of a covered garden leave agreement or a covered
381 noncompete agreement as provided in this part is governed by s.
382 542.335.
383 Section 3. Section 542.15, Florida Statutes, is amended to
384 read:
385 542.15 Short title.—This part act shall be known and may be
386 cited as the “Florida Antitrust Act of 1980.”
387 Section 4. Section 542.16, Florida Statutes, is amended to
388 read:
389 542.16 Purpose.—The Legislature declares it to be the
390 purpose of this part act to complement the body of federal law
391 prohibiting restraints of trade or commerce in order to foster
392 effective competition. It is the intent of the Legislature that
393 this part act be liberally construed to accomplish its
394 beneficial purpose.
395 Section 5. Section 542.17, Florida Statutes, is reordered
396 and amended to read:
397 542.17 Definitions.—Unless a different meaning is clearly
398 indicated by the context, for the purposes of this part chapter,
399 the terms defined in this section have the following meanings
400 ascribed to them:
401 (2)(1) “Commodity” means any goods, merchandise, wares,
402 produce, chose in action, land, article of commerce, or other
403 tangible or intangible property, real, personal, or mixed, for
404 use, consumption, production, enjoyment, or resale.
405 (6)(2) “Service” means any kind of activity performed in
406 whole or in part for economic benefit.
407 (5)(3) “Person” means any individual, corporation, firm,
408 partnership, limited partnership, incorporated or unincorporated
409 association, professional association, or other legal,
410 commercial, or governmental entity, including the State of
411 Florida, its departments, agencies, political subdivisions, and
412 units of government.
413 (8)(4) “Trade or commerce” means any economic activity of
414 any type whatsoever involving any commodity or service
415 whatsoever.
416 (3)(5) “Document” means any stored or retained data or
417 information in whatever form.
418 (1)(6) “Attorney General” includes not only the Attorney
419 General of Florida but also any designee of the Attorney General
420 or any assistant attorney general or special assistant attorney
421 general.
422 (7) “State attorney” includes not only the state attorneys
423 of Florida but also any designee of a state attorney or any
424 assistant state attorney or special assistant state attorney.
425 (4)(8) “Local government” means a municipality, county,
426 school district, or any other general-function or special
427 function governmental unit established by the laws of the state.
428 Section 6. Section 542.20, Florida Statutes, is amended to
429 read:
430 542.20 Exemptions.—Any activity or conduct exempt under
431 Florida statutory or common law or exempt from the provisions of
432 the antitrust laws of the United States is exempt from the
433 provisions of this part chapter.
434 Section 7. Subsection (1) of section 542.22, Florida
435 Statutes, is amended to read:
436 542.22 Suits for damages.—
437 (1) Any person who shall be injured in her or his business
438 or property by reason of any violation of s. 542.18 or s. 542.19
439 may sue therefor in the circuit courts of this state and shall
440 recover threefold the damages by her or him sustained, and the
441 cost of suit, including a reasonable attorney attorney’s fee.
442 The court shall award a reasonable attorney attorney’s fee to a
443 defendant prevailing in any action under this part chapter for
444 damages or equitable relief in which the court finds there was a
445 complete absence of a justiciable issue of either law or fact
446 raised by the plaintiff.
447 Section 8. Section 542.23, Florida Statutes, is amended to
448 read:
449 542.23 Equitable remedies.—In addition to other remedies
450 provided by this part chapter, any person shall be entitled to
451 sue for and have injunctive or other equitable relief in the
452 circuit courts of this state against threatened loss or damage
453 by a violation of this part chapter. In any action under this
454 section in which the plaintiff substantially prevails, the court
455 shall award the cost of suit, including a reasonable attorney
456 attorney’s fee, to the plaintiff.
457 Section 9. Subsection (4) of section 542.235, Florida
458 Statutes, is amended to read:
459 542.235 Limitations of actions and penalties against local
460 governments and their officials and employees.—
461 (4) No criminal action shall be maintained pursuant to s.
462 542.21(2), and no civil penalties, damages, interest on damages,
463 costs, or attorney attorneys’ fees shall be recovered pursuant
464 to s. 542.21(1) or s. 542.22, against any local government
465 official or employee for official conduct within the scope of
466 her or his lawful authority, unless the official or employee has
467 violated the provisions of this part chapter for the purpose of
468 deriving personal financial or professional gain or for the
469 professional or financial gain of her or his immediate family or
470 of any principal by whom the official is retained.
471 Section 10. Section 542.24, Florida Statutes, is amended to
472 read:
473 542.24 Consent decrees and settlement agreements.—In a
474 civil action maintained under this part chapter by the Attorney
475 General or a state attorney, any party to such action may
476 petition the court for entry of a consent decree or for approval
477 of a settlement agreement. The proposed decree or agreement
478 shall set out the alleged violations, the future obligations of
479 the parties, the damages or other relief agreed upon, and the
480 reasons for entering into the consent decree or settlement
481 agreement.
482 Section 11. Section 542.25, Florida Statutes, is amended to
483 read:
484 542.25 Judgment in favor of state as prima facie evidence.
485 A final judgment or decree entered in any civil or criminal
486 proceeding brought by the Attorney General or a state attorney
487 under s. 542.21 or s. 542.23 to the effect that a defendant has
488 violated s. 542.18 or s. 542.19, or entered in any civil or
489 criminal proceeding brought by the United States Department of
490 Justice under comparable federal laws, shall be prima facie
491 evidence against such defendant in any civil action or
492 proceeding under this part chapter brought by any other person
493 against such defendant as to all matters with respect to which
494 such judgment or decree would be an estoppel as between the
495 parties thereto; however, this section does not apply to a
496 consent judgment or decree entered before any testimony has been
497 taken. Nothing contained in this section shall be construed to
498 impose any limitation on the application of collateral estoppel.
499 Section 12. Subsection (2) of section 542.26, Florida
500 Statutes, is amended to read:
501 542.26 Limitation of actions.—
502 (2) Whenever any civil or criminal proceeding is instituted
503 by the Attorney General or a state attorney to prevent,
504 restrain, or punish any violation of this part chapter, the
505 running of the statute of limitations, with respect to every
506 private right of action arising under this part chapter and
507 based in whole or in part on any matter complained of in said
508 proceeding, shall be suspended during the pendency thereof and
509 for 1 year thereafter. Whenever the running of the statute of
510 limitations in respect of a cause of action arising under s.
511 542.22(1) is suspended hereunder, any action to enforce such
512 cause of action shall be forever barred unless commenced either
513 within the period of suspension or within the period of
514 limitation.
515 Section 13. Section 542.27, Florida Statutes, is amended to
516 read:
517 542.27 Enforcement authority.—
518 (1) The Attorney General, or a state attorney with written
519 permission from the Attorney General, acting jointly or
520 independently, may commence and try all criminal prosecutions
521 under this part chapter. Criminal prosecutions under this part
522 chapter shall be commenced by indictment. With respect to
523 commencement and trial of such prosecutions, the Attorney
524 General or a state attorney shall have all the powers and duties
525 vested by law with respect to criminal prosecutions generally.
526 Incident to any investigation commenced under this part chapter,
527 the Attorney General may participate in and appear before a
528 grand jury in assistance of any state attorney, irrespective of
529 the provisions of chapter 905.
530 (2) The Attorney General is authorized to institute or
531 intervene in civil proceedings seeking the full range of relief
532 afforded by this part chapter or by federal laws pertaining to
533 antitrust or restraints of trade on behalf of the state, its
534 departments, agencies, and units of government. In addition, the
535 Attorney General, as chief state legal officer, may institute
536 any action authorized under this part chapter, federal laws
537 pertaining to antitrust or restraints of trade, or similar laws
538 of other states on behalf of natural persons in the state.
539 (3) Whenever the Attorney General, by her or his own
540 inquiry or as a result of a complaint, suspects that a violation
541 of this part chapter or federal laws pertaining to restraints of
542 trade is imminent, occurring, or has occurred, the Attorney
543 General may investigate such suspected violation.
544 Section 14. Paragraph (b) of subsection (2), paragraph (b)
545 of subsection (3), and subsections (5) and (13) of section
546 542.28, Florida Statutes, are amended to read:
547 542.28 Civil investigative demand.—
548 (2) The demand shall:
549 (b) State the nature of the conduct which constitutes the
550 violation of this part chapter or of the federal antitrust laws
551 and which is alleged to have occurred or to be imminent.
552 (3) No such demand shall require the production of any
553 documentary material, the submission of any answers to written
554 interrogatories, or the giving of any oral testimony if such
555 material, answers, or testimony would be protected from
556 disclosure under:
557 (b) The standards applicable to a discovery request under
558 the Florida Rules of Civil Procedure, to the extent that the
559 application of such standards to any such demand is appropriate
560 and consistent with the provisions and purposes of this part
561 chapter.
562 (5) Within 30 days after the service of an investigative
563 demand upon any person or at any time before the return date
564 specified therein, whichever period is longer, the person served
565 may file in the circuit court in and for the county in which the
566 person resides or transacts business, and serve upon the
567 Attorney General or state attorney, a petition for an order of
568 the court modifying or setting aside the demand. The time
569 allowed for compliance in whole or in part with the demand as
570 deemed proper and ordered by the court shall not run while the
571 petition is pending before the court. The petition shall specify
572 each ground upon which the petitioner relies in seeking relief
573 and may be based upon the failure of the demand to comply with
574 the provisions of this part chapter or upon any constitutional
575 or other legal right or privilege of such person.
576 (13) Nothing contained in this section shall impair the
577 authority of the Attorney General or state attorney to:
578 (a) Institute a civil proceeding under s. 542.22;
579 (b) Lay before a grand jury of this state evidence
580 concerning a violation of this part chapter;
581 (c) Invoke the power of a court to compel the production of
582 evidence before a grand jury; or
583 (d) File a civil complaint or criminal indictment alleging
584 a violation of this part chapter.
585 Section 15. Section 542.29, Florida Statutes, is amended to
586 read:
587 542.29 Duty of public officers.—In any investigation and in
588 any criminal or civil action commenced pursuant to this part
589 chapter, it shall be the duty of all public officers and their
590 deputies, assistants, clerks, subordinates, or employees to
591 render and furnish to the Attorney General or a state attorney,
592 when so requested, assistance and all information available in
593 their official capacity.
594 Section 16. Section 542.30, Florida Statutes, is amended to
595 read:
596 542.30 Jurisdiction and venue.—Without regard to the amount
597 in controversy, a suit or proceeding brought under this part
598 chapter shall be brought in the circuit court in and for any
599 county in which the cause of action arose; in which any
600 defendant resides, is found, or has an agent; or in which any
601 act in furtherance of the conduct prohibited by this part
602 chapter occurred.
603 Section 17. Section 542.31, Florida Statutes, is amended to
604 read:
605 542.31 Action not barred as affecting or involving
606 interstate or foreign commerce.—No action under this part
607 chapter shall be barred on the grounds that the activity or
608 conduct complained of in any way affects or involves interstate
609 or foreign commerce. It is the intent of the Legislature to
610 exercise its powers to the fullest extent consistent with the
611 Constitutions of this state and the United States.
612 Section 18. Section 542.32, Florida Statutes, is amended to
613 read:
614 542.32 Rule of construction and coverage.—It is the intent
615 of the Legislature that, in construing this part chapter, due
616 consideration and great weight be given to the interpretations
617 of the federal courts relating to comparable federal antitrust
618 statutes. In particular, the failure to include in this part
619 chapter the substantive provisions of s. 3 of the Clayton Act,
620 15 U.S.C. s. 14, shall not be deemed in any way to limit the
621 scope of s. 542.18 or s. 542.19.
622 Section 19. Subsection (1) of section 542.33, Florida
623 Statutes, is amended to read:
624 542.33 Contracts in restraint of trade valid.—
625 (1) Notwithstanding other provisions of this part chapter
626 to the contrary, each contract by which any person is restrained
627 from exercising a lawful profession, trade, or business of any
628 kind, as provided by subsections (2) and (3) hereof, is to that
629 extent valid, and all other contracts in restraint of trade are
630 void.
631 Section 20. Section 542.35, Florida Statutes, is amended to
632 read:
633 542.35 Remedies cumulative.—The remedies provided by this
634 part act are cumulative of each other and of existing powers and
635 remedies inherent in the courts.
636 Section 21. Section 542.36, Florida Statutes, is amended to
637 read:
638 542.36 Continuing violations.—Violations commenced prior to
639 October 1, 1980, the effective date of this act and continuing
640 after the effective date shall be actionable as provided in this
641 part chapter. The fact that any conduct occurred prior to
642 October 1, 1980, the effective date of this act shall not affect
643 its relevance in proving that a violation of this part chapter
644 has occurred or is occurring.
645 Section 22. This act shall take effect July 1, 2025.