Bill > S0922

Introduced Session

An act relating to employment agreements; creating part I of ch. 542, F.S., entitled the “Florida Antitrust Act of 1980”; creating part II of ch. 542, F.S., entitled the “Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act”; creating s. 542.41, F.S.; providing a short title; creating s. 542.42, F.S.; providing legislative findings; creating s. 542.43, F.S.; defining terms; creating s. 542.44, F.S.; providing applicability; providing that certain covered garden leave agreements are not a restraint of trade or an attempt to monopolize trade or commerce; providing notice requirements for covered garden leave agreements; providing that a covered employer may waive any portion of such notice requirements by providing a specified amount of advance written notice to the covered employee; providing that covered garden leave agreements do not affect other agreements; requiring a court to enter a preliminary injunction to stop covered employees, businesses, entities, or individuals if a breach of a covered garden leave agreement is alleged; authorizing the court to modify such an injunction if a covered employee, business, entity, or individual establishes certain information by clear and convincing evidence; requiring that certain information be provided to the court under seal; requiring the court to make presumptions of certain facts; providing that a prevailing covered employer is entitled to recover all available monetary damages for all available claims; providing that a prevailing party is entitled to reasonable attorney fees and costs; authorizing a covered employer to reduce the salary or benefits of a covered employee if he or she engages in gross misconduct; providing that such a reduction is not a breach of the covered garden leave agreement; creating s. 542.45, F.S.; providing applicability; providing that certain covered noncompete agreements are not a restraint of trade or an attempt to monopolize trade or commerce; providing notice requirements for covered noncompete agreements; providing that covered noncompete agreements do not affect other agreements; requiring a court to enter a preliminary injunction to stop covered employees, businesses, entities, or individuals if a breach of a covered noncompete agreement is alleged; authorizing the court to modify such an injunction if a covered employee, business, entity, or individual establishes certain information by clear and convincing evidence based on public or other nonconfidential information; requiring that certain information be provided to the court under seal; requiring the court to make presumptions of certain facts; providing that a prevailing covered employer is entitled to recover all available monetary damages for all available claims; providing that a prevailing party is entitled to reasonable attorney fees and costs; authorizing a covered employer to reduce the salary or benefits of a covered employee if he or she engages in gross misconduct; providing that such a reduction is not a breach of the covered noncompete agreement; providing construction regarding a restrictive covenant that does not meet the definition of a covered garden leave agreement or a covered noncompete agreement; amending ss. 542.15, 542.16, 542.17, 542.20, 542.22, 542.23, 542.235, 542.24, 542.25, 542.26, 542.27, 542.28, 542.29, 542.30, 542.31, 542.32, 542.33, 542.35, and 542.36, F.S.; conforming provisions to changes made by the act; providing an effective date.

Committee Categories

Thomas Leek (R)*, 

Other Sponsors (3)

Laid on Table, refer to CS/CS/CS/HB 1219 (on 04/24/2025)

Official Document