Florida 2025 Regular Session Status: In Committee 1 R cosponsors

SB 922 — Employment Agreements

Last action — Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 1219 (Ch. 2025-213)

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Employment Agreements; Creating the “Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act”; providing that certain covered garden leave agreements are not a restraint of trade or an attempt to monopolize trade or commerce; 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; providing that certain covered noncompete agreements are not a restraint of trade or an attempt to monopolize trade or commerce; authorizing a covered employer to reduce the salary or benefits of a covered employee if he or she engages in gross misconduct, etc.

Bill Text

What changed in the latest version

390 added · 699 removed

390 line(s) added, 699 removed.

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Florida Senate - 2025 CS for CS for SB 922 By the Committees on Judiciary;
Florida Senate - 2025 CS for SB 922 By the Committee on Commerce and Tourism;
and Commerce and Tourism;
and Senator Leek 577-02495-25 2025922c1 A bill to be entitled An act relating to employment agreements;
and Senator Leek 590-03190-25 2025922c2 A bill to be entitled An act relating to employment agreements;
542, F.S., entitled the “Florida Antitrust Act of 1980”;
542, F.S., entitled “The Florida Antitrust Act of 1980”;
542, F.S., entitled the “Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act”;
542, F.S., entitled “The Florida Trade Secret Protection Act”;
requiring the court to make presumptions of certain fact;
providing that a prevailing covered employer is entitled to recover all available monetary damages for all available claims;
providing that a prevailing covered Page 1 of 22 CODING:
providing that a prevailing Page 1 of 13 CODING:
Florida Senate - 2025 CS for CS for SB 922 590-03190-25 2025922c2 employer is entitled to recover all available monetary damages for all available claims;
Florida Senate - 2025 CS for SB 922 577-02495-25 2025922c1 party is entitled to reasonable attorney fees and costs;
providing that a prevailing party is entitled to reasonable attorney fees and costs;
requiring the court to make presumptions of certain facts;
authorizing a covered employer to reduce the salary or benefits of a covered employee if he or she engages in gross Page 2 of 22 CODING:
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 Page 2 of 13 CODING:
Florida Senate - 2025 CS for CS for SB 922 590-03190-25 2025922c2 misconduct;
Florida Senate - 2025 CS for SB 922 577-02495-25 2025922c1 definition of a covered garden leave agreement or a covered noncompete agreement;
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;
542.15-542.36, Florida Statutes, is created and entitled the “Florida Antitrust Act of 1980.” Section 2.
542.15-542.36, Florida Statutes, is created and entitled “The Florida Antitrust Act of 1980.” Section 2.
542.41-542.45, Florida Statutes, is created and entitled the “Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act.” 542.41 Short title.—This part may be cited as the “Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act.” 542.42 Legislative findings.—The Legislature finds that a proper and legitimate state interest is served by enforcing strong legal protections in contracts between employers and contracted personnel which encourage optimal levels of information sharing and training and development.
542.41-542.45, Florida Statutes, is created and entitled “The Florida Trade Secret Protection Act.” 542.41 Short title.—This part may be cited as “The Florida Trade Secret Protection Act.” 542.42 Legislative findings.—The Legislature finds that a proper and legitimate state interest is served by enforcing strong legal protections in contracts between employers and contracted personnel which encourage optimal levels of information sharing and training and development.
The Legislature further finds that alternative means of protecting Page 3 of 22 CODING:
The Legislature further finds that alternative means of protecting confidential information and client relationships, such as nondisclosure agreements, fixed-duration term contracts, and nonsolicitation clauses in employment contracts, are inadequate to protect against the significant global risks faced by companies in this state.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2025 CS for CS for SB 922 590-03190-25 2025922c2 confidential information and client relationships, such as nondisclosure agreements, fixed-duration term contracts, and nonsolicitation clauses in employment contracts, are inadequate to protect against the significant global risks faced by companies in this state.
542.43 Definitions.—For the purposes of this part, the term:
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words underlined are additions.
Florida Senate - 2025 CS for SB 922 577-02495-25 2025922c1 542.43 Definitions.—For the purposes of this part, the term:
(3) “Covered employee” means an employee or an individual contractor who earns or is reasonably expected to earn a salary greater than twice the annual mean wage, or who has access to his or her employer’s or client’s confidential information or customer relationships.
(3) “Covered employee” means an employee or individual contractor who earns or is reasonably expected to earn a salary greater than twice the annual mean wage, or who has access to his or her employer’s or client’s confidential information or customer relationships.
A court must presume that an employee or individual contractor has access to confidential information or customer relationships if the employee or individual contractor acknowledges the access or receipt of such access in writing.
1006.0626(1).
1006.0626.
(4) “Covered employer” means an entity or individual who Page 4 of 22 CODING:
(4) “Covered employer” means an entity or individual who employs or engages a covered employee.
(5) “Covered garden leave agreement” means a written agreement, or part of a written agreement, between a covered employee and covered employer in which:
(a) The covered employee and covered employer agree to up to, but no more than, 4 years of advance, express notice before Page 4 of 13 CODING:
Florida Senate - 2025 CS for CS for SB 922 590-03190-25 2025922c2 employs or engages a covered employee.
Florida Senate - 2025 CS for SB 922 577-02495-25 2025922c1 terminating the employment or contractor relationship;
(5) “Covered garden leave agreement” means a written agreement, or part of a written agreement, between a covered employee and covered employer in which:
(a) The covered employee and covered employer agree to up to, but no more than, 4 years of advance, express notice before terminating the employment or contractor relationship;
The covered employer is not obligated to provide discretionary incentive compensation or benefits or have the covered employee continue performing any work during the notice period.
The covered employer is not obligated to provide discretionary incentive compensation or discretionary benefits or have the covered employee continue performing any work during the notice period.
(6) “Covered noncompete agreement” means a written agreement, or a portion of a written agreement, between a covered employee and a covered employer in which, for a period not to exceed 4 years and within the geographic area defined in the agreement, the covered employee agrees not to assume a role with or for another business, entity, or individual:
(6) “Covered noncompete agreement” means a written agreement, or a portion of a written agreement, between a covered employee and a covered employer in which, for a period not to exceed 4 years and within a specified geographic area, which may be global in scope, the covered employee agrees not to assume a role with or for another business, entity, or individual:
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or (b) In which it is reasonably likely the covered employee would use the confidential information or customer relationships Page 5 of 22 CODING:
or (b) In which it is reasonably likely the covered employee would use the confidential information or customer relationships of the covered employer.
(7) “Noncompete period” means the time from the covered employee’s termination of employment through the end of the agreed-upon postemployment period of noncompetition as set forth in the covered noncompete agreement.
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Florida Senate - 2025 CS for CS for SB 922 590-03190-25 2025922c2 of the covered employer.
Florida Senate - 2025 CS for SB 922 577-02495-25 2025922c1 (8) “Notice period” means the date from the covered employee’s or covered employer’s written notice of intent to terminate the covered employee’s employment through the date of termination as set forth in a covered garden leave agreement.
(7) “Noncompete period” means the time from the covered employee’s termination of employment through the end of the agreed-upon postemployment period of noncompetition as set forth in the covered noncompete agreement.
(8) “Notice period” means the date from the covered employee’s or covered employer’s written notice of intent to terminate the covered employee’s employment through the date of termination as set forth in a covered garden leave agreement.
or (b) A covered garden leave agreement with a covered employer whose principal place of business is in this state and Page 6 of 22 CODING:
or (b) A covered employee who is subject to a covered garden leave agreement with a covered employer with a significant nexus to this state.
If any provision of this section is in conflict with any other law, the provisions of this section shall govern.
(2) RESTRAINT OF TRADE.—A covered garden leave agreement Page 6 of 13 CODING:
Florida Senate - 2025 CS for CS for SB 922 590-03190-25 2025922c2 is expressly governed by the laws of this state.
Florida Senate - 2025 CS for SB 922 577-02495-25 2025922c1 does not violate public policy as a restraint of trade, as described in s.
If any provision of this section is in conflict with any other law, the provisions of this section shall govern.
(2) RESTRAINT OF TRADE.—A covered garden leave agreement does not violate public policy as a restraint of trade, as described in s.
(a) A covered employee was advised, in writing, of the right to seek counsel prior to execution of the covered garden leave agreement and was provided notice as described in subsection (3);
(a) A covered employee is provided proper notice of the covered garden leave agreement before its execution, as described in subsection (3);
(b) A covered employee acknowledges, in writing, receipt of confidential information or customer relationships;
and (b) The covered garden leave agreement provides that:
and (c) The covered garden leave agreement provides that:
3.
and 3.
The covered employee may, with the permission of the covered employer, work for another employer while still employed by the covered employer during the remainder of the notice period;
The covered employee may, with the permission of the covered employer, work for another employer while still employed by the covered employer during the remainder of the notice period.
and 4.
(3) NOTICE;
The garden leave agreement notice period may be reduced during the notice period if the covered employer provides at least 30 days’ advance notice in writing to the covered Page 7 of 22 CODING:
WAIVER OF NOTICE.— (a) Proper notice of a covered garden leave agreement requires:
1.
For a prospective covered employee, at least 7 days before a prospective covered employee’s offer of employment expires.
2.
For a current covered employee, at least 7 days before an offer to enter into a covered garden leave agreement expires.
(b) A prospective or current covered employee must acknowledge in writing that he or she was expressly advised of the right to seek legal counsel before the execution of the Page 7 of 13 CODING:
Florida Senate - 2025 CS for CS for SB 922 590-03190-25 2025922c2 employee.
Florida Senate - 2025 CS for SB 922 577-02495-25 2025922c1 covered garden leave agreement.
(3) NOTICE.— (a) A covered employer must provide a proposed covered garden leave agreement to:
(c) The covered employer may, without breach of the covered garden leave agreement, waive any portion of this subsection by providing at least 30 days’ advance notice in writing to the covered employee.
1.
A prospective covered employee at least 7 days before an offer of employment expires;
or 2.
A current covered employee at least 7 days before the date that an offer to enter into a covered garden leave agreement expires.
(b) A covered employer may, as provided for in the covered garden leave agreement, shorten the term of the notice period at any time during the notice period by providing at least 30 days’ advance notice in writing to the covered employee.
REMEDIES.— (a) Upon application by a covered employer seeking enforcement of a covered garden leave agreement, a court must preliminarily enjoin a covered employee from providing services to any business, entity, or individual other than the covered employer during the notice period.
REMEDIES.— (a) Upon application by a covered employer, a court must preliminarily enjoin a covered employee from providing services to any business, entity, or individual other than the covered employer during the notice period.
or Page 8 of 22 CODING:
or 2.
The covered employer has failed to pay or provide the salary and benefits provided for in the covered garden leave agreement during the notice period and has had a reasonable opportunity to cure the failure.
(b) Upon application by a covered employer, a court must preliminarily enjoin a business, an entity, or an individual from engaging a covered employee during the covered employee’s notice period.
The court may modify or dissolve the injunction only if the business, entity, or individual establishes by clear Page 8 of 13 CODING:
Florida Senate - 2025 CS for CS for SB 922 590-03190-25 2025922c2 2.
Florida Senate - 2025 CS for SB 922 577-02495-25 2025922c1 and convincing evidence, based on public or other nonconfidential information, that:
The covered employer has failed to pay or provide the salary and benefits provided for in the covered garden leave agreement during the notice period and has had a reasonable opportunity to cure the failure.
(b) Upon application by a covered employer seeking enforcement of a covered garden leave agreement, a court must preliminarily enjoin any business, entity, or individual from engaging a covered employee during the covered employee’s notice period.
The court may modify or dissolve the injunction only if the business, entity, or individual establishes by clear and convincing evidence, based on public or other nonconfidential information, that:
The business or individual seeking to employ or engage the covered employee is not engaged in, and is not planning or preparing to engage in, any business activity similar to that engaged in by the covered employer during the notice period.
The business or individual seeking to employ or engage the covered employee is not engaged in, and is not planning or preparing to engage in, any business activity similar to those engaged in by the covered employer during the notice period.
Any information filed with the court which the covered employer deems to be confidential must be filed under seal to protect confidentiality or avoid substantial injury.
Any information filed with the court which the covered employer deems to be confidential must be filed under seal to protect trade secrets or avoid substantial injury.
A court must presume that an employee or an individual contractor has access to confidential information or customer relationships if the employee or individual contractor acknowledges the access or receipt of such access in writing.
(c) The injunctive relief provided under this section is not an exclusive remedy, and a prevailing covered employer is entitled to recover all available monetary damages for all available claims.
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words underlined are additions.
Florida Senate - 2025 CS for CS for SB 922 590-03190-25 2025922c2 (c) The injunctive relief provided under this section is not an exclusive remedy, and a prevailing covered employer is entitled to recover all available monetary damages for all available claims.
(a) A covered noncompete agreement with a covered employee who maintains a primary place of work in this state, regardless of any applicable choice of law provisions;
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or (b) A covered noncompete agreement with a covered employer whose principal place of business is in this state and is expressly governed by the laws of this state.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2025 CS for SB 922 577-02495-25 2025922c1 (a) A covered noncompete agreement with a covered employee who maintains a primary place of work in this state, regardless of any applicable choice of law provisions;
or (b) A covered employee who is subject to a covered noncompete agreement with a covered employer with a significant nexus to this state.
(a) A covered employee was advised, in writing, of the Page 10 of 22 CODING:
(a) A covered employee is provided proper notice of the covered noncompete agreement before its execution, as described in subsection (3);
and (b) A covered noncompete agreement provides that the noncompete period is reduced day-for-day by any nonworking portion of the notice period, pursuant to a covered garden leave agreement between the covered employee and the covered employer, if applicable.
(3) NOTICE.—Proper notice of a covered noncompete agreement requires:
(a) For a prospective covered employee, at least 7 days before a prospective covered employee’s offer of employment expires.
(b) For a current covered employee, at least 7 days before an offer to enter into a covered noncompete agreement expires.
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Florida Senate - 2025 CS for CS for SB 922 590-03190-25 2025922c2 right to seek counsel prior to execution of the covered noncompete agreement and was provided notice as described in subsection (3);
Florida Senate - 2025 CS for SB 922 577-02495-25 2025922c1 In either case, a prospective or current covered employee must acknowledge in writing that he or she was expressly advised of the right to seek legal counsel before the execution of the covered noncompete agreement.
(b) A covered employee acknowledges, in writing, receipt of confidential information or customer relationships;
and (c) A covered noncompete agreement provides that the noncompete period is reduced day-for-day by any nonworking portion of the notice period, pursuant to a covered garden leave agreement between the covered employee and the covered employer, if applicable.
(3) NOTICE.—A covered employer must provide a proposed covered noncompete agreement to:
(a) A prospective covered employee at least 7 days before an offer of employment expires;
or (b) A current covered employee at least 7 days before the date that an offer to enter into a covered noncompete agreement expires.
REMEDIES.— (a) Upon application by a covered employer seeking enforcement of a covered noncompete agreement, a court must preliminarily enjoin a covered employee from providing services to any business, entity, or individual other than the covered employer during the noncompete period.
REMEDIES.— (a) Upon application by a covered employer, a court must preliminarily enjoin a covered employee from providing services to any business, entity, or individual other than the covered employer during the noncompete period.
The covered employee will not perform, during the Page 11 of 22 CODING:
The covered employee will not perform, during the noncompete period, any work similar to the services provided to the covered employer during the 3-year period preceding the commencement of the noncompete period, or use confidential information or customer relationships of the covered employer;
or 2.
The covered employer has failed to pay or provide the salary and benefits provided for in the covered noncompete agreement during the noncompete period and has had a reasonable opportunity to cure the failure.
(b) Upon application by a covered employer, a court must preliminarily enjoin a business, an entity, or an individual from engaging a covered employee during the covered employee’s noncompete period.
The court may modify or dissolve the Page 11 of 13 CODING:
Florida Senate - 2025 CS for CS for SB 922 590-03190-25 2025922c2 noncompete period, any work similar to the services provided to the covered employer during the 3-year period preceding the commencement of the noncompete period, or use confidential information or customer relationships of the covered employer;
Florida Senate - 2025 CS for SB 922 577-02495-25 2025922c1 injunction only if the business, entity, or individual establishes by clear and convincing evidence, based on public or other nonconfidential information, that:
or 2.
The covered employer has failed to pay or provide the consideration provided for in the covered noncompete agreement and has had a reasonable opportunity to cure the failure.
(b) Upon application by a covered employer seeking enforcement of a covered noncompete agreement, a court must preliminarily enjoin any business, entity, or individual from engaging a covered employee during the covered employee’s noncompete period.
The court may modify or dissolve the injunction only if the business, entity, or individual establishes by clear and convincing evidence, based on public or other nonconfidential information, that:
The business or individual seeking to employ or engage the covered employee is not engaged in, and is not planning or preparing to engage in, any business activity in the geographic area specified in the noncompete agreement during the noncompete period if such business activity is similar to that engaged in by the covered employer.
The business or individual seeking to employ or engage the covered employee is not engaged in, and is not planning or preparing to engage in, any business activity similar to those engaged in by the covered employer during the noncompete period.
Any information filed with the court which the covered employer Page 12 of 22 CODING:
Any information filed with the court which the covered employer deems to be confidential must be filed under seal to protect trade secrets or avoid substantial injury.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2025 CS for CS for SB 922 590-03190-25 2025922c2 deems to be confidential must be filed under seal to protect confidentiality or avoid substantial injury.
A court must presume that an employee or an individual contractor has access to confidential information or customer relationships if the employee or individual contractor acknowledges the access or receipt of such access in writing.
Any action regarding a restrictive covenant that does not meet the definition of a covered garden leave agreement or a covered noncompete agreement as provided in this part is governed by s.
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542.335.
Section 3.
Section 542.15, Florida Statutes, is amended to read:
542.15 Short title.—This part act shall be known and may be cited as the “Florida Antitrust Act of 1980.” Section 4.
Section 542.16, Florida Statutes, is amended to read:
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Florida Senate - 2025 CS for CS for SB 922 590-03190-25 2025922c2 542.16 Purpose.—The Legislature declares it to be the purpose of this part act to complement the body of federal law prohibiting restraints of trade or commerce in order to foster effective competition.
Florida Senate - 2025 CS for SB 922 577-02495-25 2025922c1 Any action regarding a restrictive covenant that does not meet the definition set forth in this section of a covered garden leave agreement or a covered noncompete agreement is governed by s.
It is the intent of the Legislature that this part act be liberally construed to accomplish its beneficial purpose.
542.335.
Section 5.
Section 3.
Section 542.17, Florida Statutes, is reordered and amended to read:
542.17 Definitions.—Unless a different meaning is clearly indicated by the context, for the purposes of this part chapter, the terms defined in this section have the following meanings ascribed to them:
(2)(1) “Commodity” means any goods, merchandise, wares, produce, chose in action, land, article of commerce, or other tangible or intangible property, real, personal, or mixed, for use, consumption, production, enjoyment, or resale.
(6)(2) “Service” means any kind of activity performed in whole or in part for economic benefit.
(5)(3) “Person” means any individual, corporation, firm, partnership, limited partnership, incorporated or unincorporated association, professional association, or other legal, commercial, or governmental entity, including the State of Florida, its departments, agencies, political subdivisions, and units of government.
(8)(4) “Trade or commerce” means any economic activity of any type whatsoever involving any commodity or service whatsoever.
(3)(5) “Document” means any stored or retained data or information in whatever form.
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Words stricken are deletions;
words underlined are additions.
Florida Senate - 2025 CS for CS for SB 922 590-03190-25 2025922c2 (1)(6) “Attorney General” includes not only the Attorney General of Florida but also any designee of the Attorney General or any assistant attorney general or special assistant attorney general.
(7) “State attorney” includes not only the state attorneys of Florida but also any designee of a state attorney or any assistant state attorney or special assistant state attorney.
(4)(8) “Local government” means a municipality, county, school district, or any other general-function or special- function governmental unit established by the laws of the state.
Section 6.
Section 542.20, Florida Statutes, is amended to read:
542.20 Exemptions.—Any activity or conduct exempt under Florida statutory or common law or exempt from the provisions of the antitrust laws of the United States is exempt from the provisions of this part chapter.
Section 7.
Subsection (1) of section 542.22, Florida Statutes, is amended to read:
542.22 Suits for damages.— (1) Any person who shall be injured in her or his business or property by reason of any violation of s.
542.18 or s.
542.19 may sue therefor in the circuit courts of this state and shall recover threefold the damages by her or him sustained, and the cost of suit, including a reasonable attorney attorney’s fee.
The court shall award a reasonable attorney attorney’s fee to a defendant prevailing in any action under this part chapter for damages or equitable relief in which the court finds there was a complete absence of a justiciable issue of either law or fact raised by the plaintiff.
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words underlined are additions.
Florida Senate - 2025 CS for CS for SB 922 590-03190-25 2025922c2 Section 8.
Section 542.23, Florida Statutes, is amended to read:
542.23 Equitable remedies.—In addition to other remedies provided by this part chapter, any person shall be entitled to sue for and have injunctive or other equitable relief in the circuit courts of this state against threatened loss or damage by a violation of this part chapter.
In any action under this section in which the plaintiff substantially prevails, the court shall award the cost of suit, including a reasonable attorney attorney’s fee, to the plaintiff.
Section 9.
Subsection (4) of section 542.235, Florida Statutes, is amended to read:
542.235 Limitations of actions and penalties against local governments and their officials and employees.— (4) No criminal action shall be maintained pursuant to s.
542.21(2), and no civil penalties, damages, interest on damages, costs, or attorney attorneys’ fees shall be recovered pursuant to s.
542.21(1) or s.
542.22, against any local government official or employee for official conduct within the scope of her or his lawful authority, unless the official or employee has violated the provisions of this part chapter for the purpose of deriving personal financial or professional gain or for the professional or financial gain of her or his immediate family or of any principal by whom the official is retained.
Section 10.
Section 542.24, Florida Statutes, is amended to read:
542.24 Consent decrees and settlement agreements.—In a civil action maintained under this part chapter by the Attorney General or a state attorney, any party to such action may Page 16 of 22 CODING:
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words underlined are additions.
Florida Senate - 2025 CS for CS for SB 922 590-03190-25 2025922c2 petition the court for entry of a consent decree or for approval of a settlement agreement.
The proposed decree or agreement shall set out the alleged violations, the future obligations of the parties, the damages or other relief agreed upon, and the reasons for entering into the consent decree or settlement agreement.
Section 11.
Section 542.25, Florida Statutes, is amended to read:
542.25 Judgment in favor of state as prima facie evidence.— A final judgment or decree entered in any civil or criminal proceeding brought by the Attorney General or a state attorney under s.
542.21 or s.
542.23 to the effect that a defendant has violated s.
542.18 or s.
542.19, or entered in any civil or criminal proceeding brought by the United States Department of Justice under comparable federal laws, shall be prima facie evidence against such defendant in any civil action or proceeding under this part chapter brought by any other person against such defendant as to all matters with respect to which such judgment or decree would be an estoppel as between the parties thereto;
however, this section does not apply to a consent judgment or decree entered before any testimony has been taken.
Nothing contained in this section shall be construed to impose any limitation on the application of collateral estoppel.
Section 12.
Subsection (2) of section 542.26, Florida Statutes, is amended to read:
542.26 Limitation of actions.— (2) Whenever any civil or criminal proceeding is instituted by the Attorney General or a state attorney to prevent, restrain, or punish any violation of this part chapter, the Page 17 of 22 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2025 CS for CS for SB 922 590-03190-25 2025922c2 running of the statute of limitations, with respect to every private right of action arising under this part chapter and based in whole or in part on any matter complained of in said proceeding, shall be suspended during the pendency thereof and for 1 year thereafter.
Whenever the running of the statute of limitations in respect of a cause of action arising under s.
542.22(1) is suspended hereunder, any action to enforce such cause of action shall be forever barred unless commenced either within the period of suspension or within the period of limitation.
Section 13.
Section 542.27, Florida Statutes, is amended to read:
542.27 Enforcement authority.— (1) The Attorney General, or a state attorney with written permission from the Attorney General, acting jointly or independently, may commence and try all criminal prosecutions under this part chapter.
Criminal prosecutions under this part chapter shall be commenced by indictment.
With respect to commencement and trial of such prosecutions, the Attorney General or a state attorney shall have all the powers and duties vested by law with respect to criminal prosecutions generally.
Incident to any investigation commenced under this part chapter, the Attorney General may participate in and appear before a grand jury in assistance of any state attorney, irrespective of the provisions of chapter 905.
(2) The Attorney General is authorized to institute or intervene in civil proceedings seeking the full range of relief afforded by this part chapter or by federal laws pertaining to antitrust or restraints of trade on behalf of the state, its Page 18 of 22 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2025 CS for CS for SB 922 590-03190-25 2025922c2 departments, agencies, and units of government.
In addition, the Attorney General, as chief state legal officer, may institute any action authorized under this part chapter, federal laws pertaining to antitrust or restraints of trade, or similar laws of other states on behalf of natural persons in the state.
(3) Whenever the Attorney General, by her or his own inquiry or as a result of a complaint, suspects that a violation of this part chapter or federal laws pertaining to restraints of trade is imminent, occurring, or has occurred, the Attorney General may investigate such suspected violation.
Section 14.
Paragraph (b) of subsection (2), paragraph (b) of subsection (3), and subsections (5) and (13) of section 542.28, Florida Statutes, are amended to read:
542.28 Civil investigative demand.— (2) The demand shall:
(b) State the nature of the conduct which constitutes the violation of this part chapter or of the federal antitrust laws and which is alleged to have occurred or to be imminent.
(3) No such demand shall require the production of any documentary material, the submission of any answers to written interrogatories, or the giving of any oral testimony if such material, answers, or testimony would be protected from disclosure under:
(b) The standards applicable to a discovery request under the Florida Rules of Civil Procedure, to the extent that the application of such standards to any such demand is appropriate and consistent with the provisions and purposes of this part chapter.
(5) Within 30 days after the service of an investigative Page 19 of 22 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2025 CS for CS for SB 922 590-03190-25 2025922c2 demand upon any person or at any time before the return date specified therein, whichever period is longer, the person served may file in the circuit court in and for the county in which the person resides or transacts business, and serve upon the Attorney General or state attorney, a petition for an order of the court modifying or setting aside the demand.
The time allowed for compliance in whole or in part with the demand as deemed proper and ordered by the court shall not run while the petition is pending before the court.
The petition shall specify each ground upon which the petitioner relies in seeking relief and may be based upon the failure of the demand to comply with the provisions of this part chapter or upon any constitutional or other legal right or privilege of such person.
(13) Nothing contained in this section shall impair the authority of the Attorney General or state attorney to:
(a) Institute a civil proceeding under s.
542.22;
(b) Lay before a grand jury of this state evidence concerning a violation of this part chapter;
(c) Invoke the power of a court to compel the production of evidence before a grand jury;
or (d) File a civil complaint or criminal indictment alleging a violation of this part chapter.
Section 15.
Section 542.29, Florida Statutes, is amended to read:
542.29 Duty of public officers.—In any investigation and in any criminal or civil action commenced pursuant to this part chapter, it shall be the duty of all public officers and their deputies, assistants, clerks, subordinates, or employees to render and furnish to the Attorney General or a state attorney, Page 20 of 22 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2025 CS for CS for SB 922 590-03190-25 2025922c2 when so requested, assistance and all information available in their official capacity.
Section 16.
Section 542.30, Florida Statutes, is amended to read:
542.30 Jurisdiction and venue.—Without regard to the amount in controversy, a suit or proceeding brought under this part chapter shall be brought in the circuit court in and for any county in which the cause of action arose;
in which any defendant resides, is found, or has an agent;
or in which any act in furtherance of the conduct prohibited by this part chapter occurred.
Section 17.
Section 542.31, Florida Statutes, is amended to read:
542.31 Action not barred as affecting or involving interstate or foreign commerce.—No action under this part chapter shall be barred on the grounds that the activity or conduct complained of in any way affects or involves interstate or foreign commerce.
It is the intent of the Legislature to exercise its powers to the fullest extent consistent with the Constitutions of this state and the United States.
Section 18.
Section 542.32, Florida Statutes, is amended to read:
542.32 Rule of construction and coverage.—It is the intent of the Legislature that, in construing this part chapter, due consideration and great weight be given to the interpretations of the federal courts relating to comparable federal antitrust statutes.
In particular, the failure to include in this part chapter the substantive provisions of s.
3 of the Clayton Act, 15 U.S.C.
s.
14, shall not be deemed in any way to limit the Page 21 of 22 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2025 CS for CS for SB 922 590-03190-25 2025922c2 scope of s.
542.18 or s.
542.19.
Section 19.
Subsection (1) of section 542.33, Florida Statutes, is amended to read:
542.33 Contracts in restraint of trade valid.— (1) Notwithstanding other provisions of this part chapter to the contrary, each contract by which any person is restrained from exercising a lawful profession, trade, or business of any kind, as provided by subsections (2) and (3) hereof, is to that extent valid, and all other contracts in restraint of trade are void.
Section 20.
Section 542.35, Florida Statutes, is amended to read:
542.35 Remedies cumulative.—The remedies provided by this part act are cumulative of each other and of existing powers and remedies inherent in the courts.
Section 21.
Section 542.36, Florida Statutes, is amended to read:
542.36 Continuing violations.—Violations commenced prior to October 1, 1980, the effective date of this act and continuing after the effective date shall be actionable as provided in this part chapter.
The fact that any conduct occurred prior to October 1, 1980, the effective date of this act shall not affect its relevance in proving that a violation of this part chapter has occurred or is occurring.
Section 22.
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Action History

  1. Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 1219 (Ch. 2025-213)

  2. Substituted CS/CS/CS/HB 1219

  3. Read 2nd time

  4. Retained on Special Order Calendar

  5. CS/CS/CS by Rules read 1st time

  6. Placed on Special Order Calendar, 04/23/25

  7. Placed on Calendar, on 2nd reading

  8. Pending reference review -under Rule 4.7(2) - (Committee Substitute)

  9. CS/CS/CS by- Rules; YEAS 21 NAYS 2

  10. On Committee agenda-- Rules, 04/16/25, 8:30 am, 412 Knott Building

  11. CS/CS by Judiciary read 1st time

  12. Now in Rules

  13. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  14. CS/CS by Judiciary; YEAS 9 NAYS 2

  15. On Committee agenda-- Judiciary, 04/01/25, 4:00 pm, 110 Senate Building

  16. CS by Commerce and Tourism read 1st time

  17. Now in Judiciary

  18. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  19. CS by Commerce and Tourism; YEAS 6 NAYS 3

  20. On Committee agenda-- Commerce and Tourism, 03/17/25, 1:30 pm, 110 Senate Building

  21. Introduced

  22. Referred to Commerce and Tourism; Judiciary; Rules

  23. Filed

Sponsors

  • Thomas J. "Tom" Leek · Primary
  • Commerce and Tourism · Primary
  • Judiciary · Primary
  • Rules · Primary

Sponsorship breakdown

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4 sponsors · 0 co-sponsors · 160 not signed on · 5 voted No

Sponsors (4)

Co-sponsors (0)

None.

Not signed on (160)

160 members have not signed on to this bill.

Show all 160 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Favorable with Committee Substitute

Passed 21 Yea · 2 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 2201
Republican 17001
Unaffiliated 1000
No Party Affiliation 1000
Total 21202
% of votes cast 84%8%0%8%
How each member voted (25)
Member Party Vote
Ingoglia — Yea
Berman, Lori Democrat Yea
Davis, Tracie Democrat Nay
Jones, Shevrin D. "Shev" Democrat Not Voting
Osgood, Rosalind Democrat Nay
Rouson, Darryl Ervin Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Burton, Colleen Republican Yea
DiCeglie, Nick Republican Yea
Gaetz, Don Republican Yea
Garcia, Ileana Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Yea
Hooper, Ed Republican Yea
Martin, Jonathan Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Simon, Corey Republican Yea
Trumbull, Jay Republican Yea
Vacant Republican Not Voting
Wright, Tom A. Republican Yea

Official roll call →

Favorable with Committee Substitute

Passed 9 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democrat 1200
Republican 8000
Total 9200
% of votes cast 82%18%0%0%
How each member voted (11)
Member Party Vote
Berman, Lori Democrat Yea
Osgood, Rosalind Democrat Nay
Polsky, Tina Scott Democrat Nay
Burton, Colleen Republican Yea
DiCeglie, Nick Republican Yea
Gaetz, Don Republican Yea
Hooper, Ed Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Passidomo, Kathleen Republican Yea
Trumbull, Jay Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Favorable with Committee Substitute

Passed 6 Yea · 3 Nay
Party YeaNayPresentNot Voting
Republican 6000
Democrat 0300
Total 6300
% of votes cast 67%33%0%0%
How each member voted (9)
Member Party Vote
Arrington, Kristen Aston Democrat Nay
Davis, Tracie Democrat Nay
Smith, Carlos Guillermo Democrat Nay
DiCeglie, Nick Republican Yea
Gruters, Joe Republican Yea
Leek, Thomas J. "Tom" Republican Yea
McClain, Stan Republican Yea
Wright, Tom A. Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Subjects

labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 922 do?
Employment Agreements; Creating the “Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act”; providing that certain covered garden leave agreements are not a restraint of trade or an attempt to monopolize trade or commerce; 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; providing that certain covered noncompete agreements are not a restraint of trade or an attempt to monopolize trade or commerce; authorizing a covered employer to reduce the salary or benefits of a covered employee if he or she engages in gross misconduct, etc.
Who sponsors SB 922?
SB 922 is sponsored by Leek, Thomas J. "Tom" (Republican), Commerce and Tourism, Judiciary, and Rules.
What is the current status of SB 922?
This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 922?
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