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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. 80 542.41Short title.This part may be cited as the Florida 81 Contracts Honoring Opportunity, Investment, Confidentiality, and 82 Economic Growth (CHOICE) Act. 83 542.42Legislative 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. 98 542.43Definitions.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 employers 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 employees 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 employees or covered employers written notice of intent to 155 terminate the covered employees 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. 170 542.44Covered 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 employees 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. 276 542.45Covered 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 employees 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: 385 542.15Short 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: 389 542.16Purpose.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: 397 542.17Definitions.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: 430 542.20Exemptions.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: 436 542.22Suits 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 attorneys fee. 442 The court shall award a reasonable attorney attorneys 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: 449 542.23Equitable 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 attorneys fee, to the plaintiff. 457 Section 9.Subsection (4) of section 542.235, Florida 458 Statutes, is amended to read: 459 542.235Limitations 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: 473 542.24Consent 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: 484 542.25Judgment 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: 501 542.26Limitation 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: 517 542.27Enforcement 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: 547 542.28Civil 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: 587 542.29Duty 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: 596 542.30Jurisdiction 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: 605 542.31Action 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: 614 542.32Rule 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: 624 542.33Contracts 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: 633 542.35Remedies 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: 638 542.36Continuing 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.
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