Florida Senate - 2025 CS for CS for SB 922 By the Committees on Judiciary; and Commerce and Tourism; and Senator Leek 590-03190-25 2025922c2 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 fact; 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 requiring that certain information be provided to the 51 court under seal; requiring the court to make 52 presumptions of certain facts; providing that a 53 prevailing covered employer is entitled to recover all 54 available monetary damages for all available claims; 55 providing that a prevailing party is entitled to 56 reasonable attorney fees and costs; authorizing a 57 covered employer to reduce the salary or benefits of a 58 covered employee if he or she engages in gross 59 misconduct; providing that such a reduction is not a 60 breach of the covered noncompete agreement; providing 61 construction regarding a restrictive covenant that 62 does not meet the definition of a covered garden leave 63 agreement or a covered noncompete agreement; amending 64 ss. 542.15, 542.16, 542.17, 542.20, 542.22, 542.23, 65 542.235, 542.24, 542.25, 542.26, 542.27, 542.28, 66 542.29, 542.30, 542.31, 542.32, 542.33, 542.35, and 67 542.36, F.S.; conforming provisions to changes made by 68 the act; providing an effective date. 69 70 Be It Enacted by the Legislature of the State of Florida: 71 72 Section 1.Part I of chapter 542, Florida Statutes, 73 consisting of ss. 542.15-542.36, Florida Statutes, is created 74 and entitled the Florida Antitrust Act of 1980. 75 Section 2.Part II of chapter 542, Florida Statutes, 76 consisting of ss. 542.41-542.45, Florida Statutes, is created 77 and entitled the Florida Contracts Honoring Opportunity, 78 Investment, Confidentiality, and Economic Growth (CHOICE) Act. 79 542.41Short title.This part may be cited as the Florida 80 Contracts Honoring Opportunity, Investment, Confidentiality, and 81 Economic Growth (CHOICE) Act. 82 542.42Legislative findings.The Legislature finds that a 83 proper and legitimate state interest is served by enforcing 84 strong legal protections in contracts between employers and 85 contracted personnel which encourage optimal levels of 86 information sharing and training and development. The 87 Legislature further finds that alternative means of protecting 88 confidential information and client relationships, such as 89 nondisclosure agreements, fixed-duration term contracts, and 90 nonsolicitation clauses in employment contracts, are inadequate 91 to protect against the significant global risks faced by 92 companies in this state. The Legislature further finds that 93 predictability in the enforcement of contracts described in this 94 part encourages investment in this state. Therefore, the 95 Legislature determines and declares that this part fulfills an 96 important state interest. 97 542.43Definitions.For the purposes of this part, the 98 term: 99 (1)Annual mean wage of employees in Florida or annual 100 mean wage means the most recent annual mean wage as calculated 101 by the United States Department of Labor Bureau of Labor 102 Statistics, or its successor calculation, for all occupations in 103 this state. 104 (2)Benefit means access to health insurance, life 105 insurance, or disability insurance that is the same as or 106 similar to the insurance that a covered employee had access to 107 and at the same cost to that employee during the month before 108 the commencement of his or her notice period. 109 (3)Covered employee means an employee or an individual 110 contractor who earns or is reasonably expected to earn a salary 111 greater than twice the annual mean wage, or who has access to 112 his or her employers or clients confidential information or 113 customer relationships. The term does not include a person 114 classified as a medical professional as defined in s. 115 1006.0626(1). 116 (4)Covered employer means an entity or individual who 117 employs or engages a covered employee. 118 (5)Covered garden leave agreement means a written 119 agreement, or part of a written agreement, between a covered 120 employee and covered employer in which: 121 (a)The covered employee and covered employer agree to up 122 to, but no more than, 4 years of advance, express notice before 123 terminating the employment or contractor relationship; 124 (b)The covered employee agrees not to resign before the 125 end of such notice period; and 126 (c)The covered employer agrees to retain the covered 127 employee for the duration of such notice period and to continue 128 paying the covered employee the same salary and providing the 129 same benefits that the covered employee received from the 130 covered employer in the last month before the commencement of 131 the notice period. The covered employer is not obligated to 132 provide discretionary incentive compensation or benefits or have 133 the covered employee continue performing any work during the 134 notice period. 135 (6)Covered noncompete agreement means a written 136 agreement, or a portion of a written agreement, between a 137 covered employee and a covered employer in which, for a period 138 not to exceed 4 years and within the geographic area defined in 139 the agreement, the covered employee agrees not to assume a role 140 with or for another business, entity, or individual: 141 (a)In which the covered employee would provide services 142 similar to the services provided to the covered employer during 143 the 3 years preceding the noncompete period; or 144 (b)In which it is reasonably likely the covered employee 145 would use the confidential information or customer relationships 146 of the covered employer. 147 (7)Noncompete period means the time from the covered 148 employees termination of employment through the end of the 149 agreed-upon postemployment period of noncompetition as set forth 150 in the covered noncompete agreement. 151 (8)Notice period means the date from the covered 152 employees or covered employers written notice of intent to 153 terminate the covered employees employment through the date of 154 termination as set forth in a covered garden leave agreement. 155 (9)Primary place of work means the location where the 156 covered employee spends more work time than any other single 157 workplace. 158 (10)Salary means the base compensation, calculated on an 159 annualized basis, which a covered employer pays a covered 160 employee, including a base wage, a salary, a professional fee, 161 or other compensation for personal services, and the fair market 162 value of any benefit other than cash. Salary does not include 163 health care benefits, severance pay, retirement benefits, 164 expense reimbursement, distribution of earnings and profits not 165 included as compensation for personal services, discretionary 166 incentives or awards, or anticipated but indeterminable 167 compensation, including tips, bonuses, or commissions. 168 542.44Covered garden leave agreement. 169 (1)APPLICABILITY.This section applies to: 170 (a)A covered garden leave agreement with a covered 171 employee who maintains a primary place of work in this state, 172 regardless of any applicable choice of law provisions; or 173 (b)A covered garden leave agreement with a covered 174 employer whose principal place of business is in this state and 175 is expressly governed by the laws of this state. 176 177 If any provision of this section is in conflict with any other 178 law, the provisions of this section shall govern. 179 (2)RESTRAINT OF TRADE.A covered garden leave agreement 180 does not violate public policy as a restraint of trade, as 181 described in s. 542.18, or an attempt to monopolize trade or 182 commerce in this state, as described in s. 542.19, and is fully 183 enforceable according to its terms, provided that: 184 (a)A covered employee was advised, in writing, of the 185 right to seek counsel prior to execution of the covered garden 186 leave agreement and was provided notice as described in 187 subsection (3); 188 (b)A covered employee acknowledges, in writing, receipt of 189 confidential information or customer relationships; and 190 (c)The covered garden leave agreement provides that: 191 1.After the first 90 days of the notice period, the 192 covered employee does not have to provide services to the 193 covered employer; 194 2.The covered employee may engage in nonwork activities at 195 any time, including during normal business hours, during the 196 remainder of the notice period; 197 3.The covered employee may, with the permission of the 198 covered employer, work for another employer while still employed 199 by the covered employer during the remainder of the notice 200 period; and 201 4.The garden leave agreement notice period may be reduced 202 during the notice period if the covered employer provides at 203 least 30 days advance notice in writing to the covered 204 employee. 205 (3)NOTICE. 206 (a)A covered employer must provide a proposed covered 207 garden leave agreement to: 208 1.A prospective covered employee at least 7 days before an 209 offer of employment expires; or 210 2.A current covered employee at least 7 days before the 211 date that an offer to enter into a covered garden leave 212 agreement expires. 213 (b)A covered employer may, as provided for in the covered 214 garden leave agreement, shorten the term of the notice period at 215 any time during the notice period by providing at least 30 days 216 advance notice in writing to the covered employee. 217 (4)OTHER AGREEMENTS.This section does not affect or limit 218 the enforceability of any other employment agreement or any 219 other agreement. 220 (5)BREACH OF A COVERED GARDEN LEAVE AGREEMENT; REMEDIES. 221 (a)Upon application by a covered employer seeking 222 enforcement of a covered garden leave agreement, a court must 223 preliminarily enjoin a covered employee from providing services 224 to any business, entity, or individual other than the covered 225 employer during the notice period. The court may modify or 226 dissolve the injunction only if the covered employee establishes 227 by clear and convincing evidence that: 228 1.The covered employee will not perform, during the notice 229 period, any work similar to the services provided to the covered 230 employer during the 3-year period preceding the commencement of 231 the notice period, or use confidential information or customer 232 relationships of the covered employer; or 233 2.The covered employer has failed to pay or provide the 234 salary and benefits provided for in the covered garden leave 235 agreement during the notice period and has had a reasonable 236 opportunity to cure the failure. 237 (b)Upon application by a covered employer seeking 238 enforcement of a covered garden leave agreement, a court must 239 preliminarily enjoin any business, entity, or individual from 240 engaging a covered employee during the covered employees notice 241 period. The court may modify or dissolve the injunction only if 242 the business, entity, or individual establishes by clear and 243 convincing evidence, based on public or other nonconfidential 244 information, that: 245 1.The covered employee will not provide any services 246 similar to the services provided to the covered employer during 247 the 3-year period preceding the commencement of the notice 248 period, or use confidential information or customer 249 relationships of the covered employer; or 250 2.The business or individual seeking to employ or engage 251 the covered employee is not engaged in, and is not planning or 252 preparing to engage in, any business activity similar to that 253 engaged in by the covered employer during the notice period. 254 255 Any information filed with the court which the covered employer 256 deems to be confidential must be filed under seal to protect 257 confidentiality or avoid substantial injury. A court must 258 presume that an employee or an individual contractor has access 259 to confidential information or customer relationships if the 260 employee or individual contractor acknowledges the access or 261 receipt of such access in writing. 262 (c)The injunctive relief provided under this section is 263 not an exclusive remedy, and a prevailing covered employer is 264 entitled to recover all available monetary damages for all 265 available claims. 266 (d)In any action to enforce this section, the prevailing 267 party is entitled to reasonable attorney fees and costs. 268 (e)If the covered employee engages in gross misconduct 269 against the covered employer, the covered employer may reduce 270 the salary or benefits of the covered employee or take other 271 appropriate action during the notice period, which reduction or 272 other action may not be considered a breach of the covered 273 garden leave agreement. 274 542.45Covered noncompete agreements. 275 (1)APPLICABILITY.This section applies to: 276 (a)A covered noncompete agreement with a covered employee 277 who maintains a primary place of work in this state, regardless 278 of any applicable choice of law provisions; or 279 (b)A covered noncompete agreement with a covered employer 280 whose principal place of business is in this state and is 281 expressly governed by the laws of this state. 282 283 In either case, if any provision of this section is in conflict 284 with any other law, the provisions of this section govern. 285 (2)RESTRAINT OF TRADE.A covered noncompete agreement does 286 not violate public policy as a restraint of trade, as described 287 in s. 542.18, or an attempt to monopolize trade or commerce in 288 this state, as described in s. 542.19, and is fully enforceable 289 according to its terms, provided that: 290 (a)A covered employee was advised, in writing, of the 291 right to seek counsel prior to execution of the covered 292 noncompete agreement and was provided notice as described in 293 subsection (3); 294 (b)A covered employee acknowledges, in writing, receipt of 295 confidential information or customer relationships; and 296 (c)A covered noncompete agreement provides that the 297 noncompete period is reduced day-for-day by any nonworking 298 portion of the notice period, pursuant to a covered garden leave 299 agreement between the covered employee and the covered employer, 300 if applicable. 301 (3)NOTICE.A covered employer must provide a proposed 302 covered noncompete agreement to: 303 (a)A prospective covered employee at least 7 days before 304 an offer of employment expires; or 305 (b)A current covered employee at least 7 days before the 306 date that an offer to enter into a covered noncompete agreement 307 expires. 308 (4)OTHER AGREEMENTS.This section does not affect or limit 309 the enforceability of any other employment agreement or any 310 other agreement. 311 (5)BREACH OF COVERED NONCOMPETE AGREEMENT; REMEDIES. 312 (a)Upon application by a covered employer seeking 313 enforcement of a covered noncompete agreement, a court must 314 preliminarily enjoin a covered employee from providing services 315 to any business, entity, or individual other than the covered 316 employer during the noncompete period. The court may modify or 317 dissolve the injunction only if the covered employee establishes 318 by clear and convincing evidence that: 319 1.The covered employee will not perform, during the 320 noncompete period, any work similar to the services provided to 321 the covered employer during the 3-year period preceding the 322 commencement of the noncompete period, or use confidential 323 information or customer relationships of the covered employer; 324 or 325 2.The covered employer has failed to pay or provide the 326 consideration provided for in the covered noncompete agreement 327 and has had a reasonable opportunity to cure the failure. 328 (b)Upon application by a covered employer seeking 329 enforcement of a covered noncompete agreement, a court must 330 preliminarily enjoin any business, entity, or individual from 331 engaging a covered employee during the covered employees 332 noncompete period. The court may modify or dissolve the 333 injunction only if the business, entity, or individual 334 establishes by clear and convincing evidence, based on public or 335 other nonconfidential information, that: 336 1.The covered employee will not provide any services 337 similar to the services provided to the covered employer during 338 the 3-year period preceding the commencement of the noncompete 339 period, or use confidential information or customer 340 relationships of the covered employer; or 341 2.The business or individual seeking to employ or engage 342 the covered employee is not engaged in, and is not planning or 343 preparing to engage in, any business activity in the geographic 344 area specified in the noncompete agreement during the noncompete 345 period if such business activity is similar to that engaged in 346 by the covered employer. 347 348 Any information filed with the court which the covered employer 349 deems to be confidential must be filed under seal to protect 350 confidentiality or avoid substantial injury. A court must 351 presume that an employee or an individual contractor has access 352 to confidential information or customer relationships if the 353 employee or individual contractor acknowledges the access or 354 receipt of such access in writing. 355 (c)The injunctive relief provided in this section is not 356 an exclusive remedy, and a prevailing covered employer is 357 entitled to recover all available monetary damages for all 358 available claims. 359 (d)In any action to enforce this section, the prevailing 360 party is entitled to reasonable attorney fees and costs. 361 (e)If the covered employee engages in gross misconduct 362 against the covered employer, the covered employer may reduce 363 the salary or benefits of the covered employee or take other 364 appropriate action during the noncompete period, which reduction 365 or other action may not be considered a breach of the covered 366 noncompete agreement. 367 368 Any action regarding a restrictive covenant that does not meet 369 the definition of a covered garden leave agreement or a covered 370 noncompete agreement as provided in this part is governed by s. 371 542.335. 372 Section 3.Section 542.15, Florida Statutes, is amended to 373 read: 374 542.15Short title.This part act shall be known and may be 375 cited as the Florida Antitrust Act of 1980. 376 Section 4.Section 542.16, Florida Statutes, is amended to 377 read: 378 542.16Purpose.The Legislature declares it to be the 379 purpose of this part act to complement the body of federal law 380 prohibiting restraints of trade or commerce in order to foster 381 effective competition. It is the intent of the Legislature that 382 this part act be liberally construed to accomplish its 383 beneficial purpose. 384 Section 5.Section 542.17, Florida Statutes, is reordered 385 and amended to read: 386 542.17Definitions.Unless a different meaning is clearly 387 indicated by the context, for the purposes of this part chapter, 388 the terms defined in this section have the following meanings 389 ascribed to them: 390 (2)(1)Commodity means any goods, merchandise, wares, 391 produce, chose in action, land, article of commerce, or other 392 tangible or intangible property, real, personal, or mixed, for 393 use, consumption, production, enjoyment, or resale. 394 (6)(2)Service means any kind of activity performed in 395 whole or in part for economic benefit. 396 (5)(3)Person means any individual, corporation, firm, 397 partnership, limited partnership, incorporated or unincorporated 398 association, professional association, or other legal, 399 commercial, or governmental entity, including the State of 400 Florida, its departments, agencies, political subdivisions, and 401 units of government. 402 (8)(4)Trade or commerce means any economic activity of 403 any type whatsoever involving any commodity or service 404 whatsoever. 405 (3)(5)Document means any stored or retained data or 406 information in whatever form. 407 (1)(6)Attorney General includes not only the Attorney 408 General of Florida but also any designee of the Attorney General 409 or any assistant attorney general or special assistant attorney 410 general. 411 (7)State attorney includes not only the state attorneys 412 of Florida but also any designee of a state attorney or any 413 assistant state attorney or special assistant state attorney. 414 (4)(8)Local government means a municipality, county, 415 school district, or any other general-function or special 416 function governmental unit established by the laws of the state. 417 Section 6.Section 542.20, Florida Statutes, is amended to 418 read: 419 542.20Exemptions.Any activity or conduct exempt under 420 Florida statutory or common law or exempt from the provisions of 421 the antitrust laws of the United States is exempt from the 422 provisions of this part chapter. 423 Section 7.Subsection (1) of section 542.22, Florida 424 Statutes, is amended to read: 425 542.22Suits for damages. 426 (1)Any person who shall be injured in her or his business 427 or property by reason of any violation of s. 542.18 or s. 542.19 428 may sue therefor in the circuit courts of this state and shall 429 recover threefold the damages by her or him sustained, and the 430 cost of suit, including a reasonable attorney attorneys fee. 431 The court shall award a reasonable attorney attorneys fee to a 432 defendant prevailing in any action under this part chapter for 433 damages or equitable relief in which the court finds there was a 434 complete absence of a justiciable issue of either law or fact 435 raised by the plaintiff. 436 Section 8.Section 542.23, Florida Statutes, is amended to 437 read: 438 542.23Equitable remedies.In addition to other remedies 439 provided by this part chapter, any person shall be entitled to 440 sue for and have injunctive or other equitable relief in the 441 circuit courts of this state against threatened loss or damage 442 by a violation of this part chapter. In any action under this 443 section in which the plaintiff substantially prevails, the court 444 shall award the cost of suit, including a reasonable attorney 445 attorneys fee, to the plaintiff. 446 Section 9.Subsection (4) of section 542.235, Florida 447 Statutes, is amended to read: 448 542.235Limitations of actions and penalties against local 449 governments and their officials and employees. 450 (4)No criminal action shall be maintained pursuant to s. 451 542.21(2), and no civil penalties, damages, interest on damages, 452 costs, or attorney attorneys fees shall be recovered pursuant 453 to s. 542.21(1) or s. 542.22, against any local government 454 official or employee for official conduct within the scope of 455 her or his lawful authority, unless the official or employee has 456 violated the provisions of this part chapter for the purpose of 457 deriving personal financial or professional gain or for the 458 professional or financial gain of her or his immediate family or 459 of any principal by whom the official is retained. 460 Section 10.Section 542.24, Florida Statutes, is amended to 461 read: 462 542.24Consent decrees and settlement agreements.In a 463 civil action maintained under this part chapter by the Attorney 464 General or a state attorney, any party to such action may 465 petition the court for entry of a consent decree or for approval 466 of a settlement agreement. The proposed decree or agreement 467 shall set out the alleged violations, the future obligations of 468 the parties, the damages or other relief agreed upon, and the 469 reasons for entering into the consent decree or settlement 470 agreement. 471 Section 11.Section 542.25, Florida Statutes, is amended to 472 read: 473 542.25Judgment in favor of state as prima facie evidence. 474 A final judgment or decree entered in any civil or criminal 475 proceeding brought by the Attorney General or a state attorney 476 under s. 542.21 or s. 542.23 to the effect that a defendant has 477 violated s. 542.18 or s. 542.19, or entered in any civil or 478 criminal proceeding brought by the United States Department of 479 Justice under comparable federal laws, shall be prima facie 480 evidence against such defendant in any civil action or 481 proceeding under this part chapter brought by any other person 482 against such defendant as to all matters with respect to which 483 such judgment or decree would be an estoppel as between the 484 parties thereto; however, this section does not apply to a 485 consent judgment or decree entered before any testimony has been 486 taken. Nothing contained in this section shall be construed to 487 impose any limitation on the application of collateral estoppel. 488 Section 12.Subsection (2) of section 542.26, Florida 489 Statutes, is amended to read: 490 542.26Limitation of actions. 491 (2)Whenever any civil or criminal proceeding is instituted 492 by the Attorney General or a state attorney to prevent, 493 restrain, or punish any violation of this part chapter, the 494 running of the statute of limitations, with respect to every 495 private right of action arising under this part chapter and 496 based in whole or in part on any matter complained of in said 497 proceeding, shall be suspended during the pendency thereof and 498 for 1 year thereafter. Whenever the running of the statute of 499 limitations in respect of a cause of action arising under s. 500 542.22(1) is suspended hereunder, any action to enforce such 501 cause of action shall be forever barred unless commenced either 502 within the period of suspension or within the period of 503 limitation. 504 Section 13.Section 542.27, Florida Statutes, is amended to 505 read: 506 542.27Enforcement authority. 507 (1)The Attorney General, or a state attorney with written 508 permission from the Attorney General, acting jointly or 509 independently, may commence and try all criminal prosecutions 510 under this part chapter. Criminal prosecutions under this part 511 chapter shall be commenced by indictment. With respect to 512 commencement and trial of such prosecutions, the Attorney 513 General or a state attorney shall have all the powers and duties 514 vested by law with respect to criminal prosecutions generally. 515 Incident to any investigation commenced under this part chapter, 516 the Attorney General may participate in and appear before a 517 grand jury in assistance of any state attorney, irrespective of 518 the provisions of chapter 905. 519 (2)The Attorney General is authorized to institute or 520 intervene in civil proceedings seeking the full range of relief 521 afforded by this part chapter or by federal laws pertaining to 522 antitrust or restraints of trade on behalf of the state, its 523 departments, agencies, and units of government. In addition, the 524 Attorney General, as chief state legal officer, may institute 525 any action authorized under this part chapter, federal laws 526 pertaining to antitrust or restraints of trade, or similar laws 527 of other states on behalf of natural persons in the state. 528 (3)Whenever the Attorney General, by her or his own 529 inquiry or as a result of a complaint, suspects that a violation 530 of this part chapter or federal laws pertaining to restraints of 531 trade is imminent, occurring, or has occurred, the Attorney 532 General may investigate such suspected violation. 533 Section 14.Paragraph (b) of subsection (2), paragraph (b) 534 of subsection (3), and subsections (5) and (13) of section 535 542.28, Florida Statutes, are amended to read: 536 542.28Civil investigative demand. 537 (2)The demand shall: 538 (b)State the nature of the conduct which constitutes the 539 violation of this part chapter or of the federal antitrust laws 540 and which is alleged to have occurred or to be imminent. 541 (3)No such demand shall require the production of any 542 documentary material, the submission of any answers to written 543 interrogatories, or the giving of any oral testimony if such 544 material, answers, or testimony would be protected from 545 disclosure under: 546 (b)The standards applicable to a discovery request under 547 the Florida Rules of Civil Procedure, to the extent that the 548 application of such standards to any such demand is appropriate 549 and consistent with the provisions and purposes of this part 550 chapter. 551 (5)Within 30 days after the service of an investigative 552 demand upon any person or at any time before the return date 553 specified therein, whichever period is longer, the person served 554 may file in the circuit court in and for the county in which the 555 person resides or transacts business, and serve upon the 556 Attorney General or state attorney, a petition for an order of 557 the court modifying or setting aside the demand. The time 558 allowed for compliance in whole or in part with the demand as 559 deemed proper and ordered by the court shall not run while the 560 petition is pending before the court. The petition shall specify 561 each ground upon which the petitioner relies in seeking relief 562 and may be based upon the failure of the demand to comply with 563 the provisions of this part chapter or upon any constitutional 564 or other legal right or privilege of such person. 565 (13)Nothing contained in this section shall impair the 566 authority of the Attorney General or state attorney to: 567 (a)Institute a civil proceeding under s. 542.22; 568 (b)Lay before a grand jury of this state evidence 569 concerning a violation of this part chapter; 570 (c)Invoke the power of a court to compel the production of 571 evidence before a grand jury; or 572 (d)File a civil complaint or criminal indictment alleging 573 a violation of this part chapter. 574 Section 15.Section 542.29, Florida Statutes, is amended to 575 read: 576 542.29Duty of public officers.In any investigation and in 577 any criminal or civil action commenced pursuant to this part 578 chapter, it shall be the duty of all public officers and their 579 deputies, assistants, clerks, subordinates, or employees to 580 render and furnish to the Attorney General or a state attorney, 581 when so requested, assistance and all information available in 582 their official capacity. 583 Section 16.Section 542.30, Florida Statutes, is amended to 584 read: 585 542.30Jurisdiction and venue.Without regard to the amount 586 in controversy, a suit or proceeding brought under this part 587 chapter shall be brought in the circuit court in and for any 588 county in which the cause of action arose; in which any 589 defendant resides, is found, or has an agent; or in which any 590 act in furtherance of the conduct prohibited by this part 591 chapter occurred. 592 Section 17.Section 542.31, Florida Statutes, is amended to 593 read: 594 542.31Action not barred as affecting or involving 595 interstate or foreign commerce.No action under this part 596 chapter shall be barred on the grounds that the activity or 597 conduct complained of in any way affects or involves interstate 598 or foreign commerce. It is the intent of the Legislature to 599 exercise its powers to the fullest extent consistent with the 600 Constitutions of this state and the United States. 601 Section 18.Section 542.32, Florida Statutes, is amended to 602 read: 603 542.32Rule of construction and coverage.It is the intent 604 of the Legislature that, in construing this part chapter, due 605 consideration and great weight be given to the interpretations 606 of the federal courts relating to comparable federal antitrust 607 statutes. In particular, the failure to include in this part 608 chapter the substantive provisions of s. 3 of the Clayton Act, 609 15 U.S.C. s. 14, shall not be deemed in any way to limit the 610 scope of s. 542.18 or s. 542.19. 611 Section 19.Subsection (1) of section 542.33, Florida 612 Statutes, is amended to read: 613 542.33Contracts in restraint of trade valid. 614 (1)Notwithstanding other provisions of this part chapter 615 to the contrary, each contract by which any person is restrained 616 from exercising a lawful profession, trade, or business of any 617 kind, as provided by subsections (2) and (3) hereof, is to that 618 extent valid, and all other contracts in restraint of trade are 619 void. 620 Section 20.Section 542.35, Florida Statutes, is amended to 621 read: 622 542.35Remedies cumulative.The remedies provided by this 623 part act are cumulative of each other and of existing powers and 624 remedies inherent in the courts. 625 Section 21.Section 542.36, Florida Statutes, is amended to 626 read: 627 542.36Continuing violations.Violations commenced prior to 628 October 1, 1980, the effective date of this act and continuing 629 after the effective date shall be actionable as provided in this 630 part chapter. The fact that any conduct occurred prior to 631 October 1, 1980, the effective date of this act shall not affect 632 its relevance in proving that a violation of this part chapter 633 has occurred or is occurring. 634 Section 22.This act shall take effect July 1, 2025.