Politics
Tom Leek’s employment agreements bill advances
The Senate Commerce and Tourism Committee passed a measure Monday that seeks to protect employer trade secrets and confidential information from being shared by former employees.
St. Augustine Republican Sen. Tom Leek introduced the bill (SB 922). If passed, it would allow employers to enter into non-compete and Garden Leave agreements to protect their business interests.
“The current law in Florida on restrictive covenants is insufficient to protect industries in which employees’ routinely access sensitive business information,” Leek said. “Under current law, if an employee with access to such information leaves for somewhere employment with another company, an employer can go to court to seek to stop the former employee from using or disclosing the former employer sensitive business information.”
Leek noted that litigation could, however, be protracted, and added that by the time the court rules, the sensitive information may have already been disclosed.
“SB 922 carves out from an existing law … two types of commonly used employee agreements — non-compete agreements and Garden Leave agreements,” Leek said. “[The bill] establishes a more streamlined process than currently exists, designed to protect sensitive business information from disclosure by a current or former employee to another business at least until a court can decide whether the non-compete or Garden leave agreement has been violated.”
Leek noted that the bill would not only enhance protection for sensitive information but also narrows who it would apply to.
“The streamline process in SB 922 provides Florida employers and employees with enhanced protections for sensitive business information and provides greater certainty and transparency for all concerned,” Leek said. “The bill narrowly applies to covered non-compete and covered garden leave agreements. The agreement must be in writing … the employees afforded adequate notice, and the employee is advised in writing of the opportunity to seek counsel.”
Leek added that the bill outlines the mechanism to quickly enforce covered agreements via a preliminary injunction before any potential harm could done.
Jacksonville Democratic Sen. Tracie Davis asked why the agreements had been extended to four years.
“Most states deal with only having the non-competes to exist for one to two years. Why are we seeming like we’re strengthening our agreements to four years?” Davis asked.
In response, Leek said the extension is purely because of the information that needs to be protected.
“In Florida it’s a presumption of six months to two years … States similarly have those types of presumptions, so it’s not limited to a specific period of time,” Leek said. “And in this instance, we’re creating a presumption that the period of time should be four years, because of the type of information that we’re talking about.”
Multiple industries would be affected if the bill was to pass into law, according to Leek, particularly in finance.
“Florida is poised to be one of the finance capitals of the world, and if we want to attract those kinds of clean, high-paying jobs, you have to provide those businesses those protections on the investments they’re making,” Leek said.
Orlando Democratic Sen. Carlos Guillermo Smith said he would be voting against the bill and noted that strengthening non-compete clauses would only help employers further restrict employees and stifle innovation.
Leek reiterated that the bill only applies when it comes to trade secrets and confidential information and added that no one would enforce it against a former employee if they had not shared any restricted information specified in the bill.
The bill was passed in a 6-3 vote and will now go to the Senate Judiciary Committee.
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Citrus County’s March Madness is a full-court press.
Over 100 Citrus politicians, business owners and community leaders pour into Tallahassee this week for the annual Citrus County Legislative Days.
During a jam-packed two days, Citrus Countians will meet with legislators, agency directors and potentially even First Lady Casey DeSantis to shore up support for local projects and issues of local concern.
The Citrus County Chamber of Commerce and Leadership Citrus sponsor the event.
“One hundred and twenty Citrus County residents will converge on Tallahassee to advocate for everything from the environment to mental health,” Chamber President and CEO Josh Wooten said.
“It’s amazing for two big reasons. One is that so many of us give a darn that they take time out of their busy schedules to spend their money to make the trip. Two is that this unified approach works. In addition to supporting our various agendas with lawmakers, we have had tremendous success over the years corralling dollars from individual agencies like FDOT and DEP.”
The roster of attendees is a who’s who of the Citrus County political landscape: Commissioners Rebecca Bays, Janet Barek (making her first trip), Holly Davis and Diana Finegan; County Administrator Steve Howard; Crystal River City Manager Audra Curts; Crystal River Councilwoman Cindi Frink; School Board members Joe Faherty (whose wife, Dawn, is an aide to freshman Rep. JJ Grow) and Ken Frink; Fifth Judicial Circuit State Attorney Bill Gladson; Superintendent of Schools Scott Hebert; Inverness Councilwoman Crystal Lizanich; Sheriff Dave Vincent; and Tax Collector Janice Warren.
On Wednesday, the Citrus County contingent will fan out across the capital for individual meetings. Some are with just a few people in a legislator’s office. Others involve holding court with top officials including Agriculture Commissioner Wilton Simpson, Florida Department of Transportation Secretary Jared Perdue, Attorney General James Uthmeier and Commerce Secretary Alex Kelly.
Wednesday evening, it’s dinner at the Governor’s Club where top lawmakers are known to stop by.
Bays, the board Chair, said Legislative Days provides valuable interaction with lawmakers on issues close to home.
“It’s truly humbling, as a Commissioner, to see so many businesses and residents come together at the capital to ensure our county’s representation,” she said.
“In addition to our group events, I have scheduled several one-on-one meetings to discuss our county’s needs and explore partnerships in economic development, transportation and the environment. I’m all for collaboration when it comes to tackling the issues we face in the county. With several bills on the horizon that could potentially have negative impacts, it’s crucial to stay vigilant. Citrus County Days provides a great opportunity to do just that.”
On Thursday, a busload of Leadership Citrus participants will arrive for a morning of nonstop speakers at the Tallahassee Community College Center for Innovation. The lineup includes representatives from the Florida Chamber of Commerce, Florida Department of Education and Florida Association of Counties, as well as Grow, an Inverness Republican participating in his first Regular Session.
A luncheon follows. Senate President Ben Albritton was guest speaker last year; this year, Florida’s First Lady is tentatively scheduled as keynote speaker.
“Citrus County is well known for one of the best organized and impactful trips during Session,” said Wooten, the Chamber President. “Our delegation appreciates the support as well.”
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The Senate Commerce and Tourism Committee advanced a measure that seeks to allow rural farmers and ranchers more access to health care coverage options.
St. Petersburg Republican Sen. Nick DiCeglie introduced a bill (SB 480) that is part of a massive piece of legislation geared toward improving infrastructure, health care access and other critical projects in rural communities in Florida.
“This bill helps to provide affordable health coverage options for Florida farmers and ranchers, who face challenges to find affordable health care options in today’s market,” DiCeglie said. “This coverage is part of the ‘Rural Renaissance‘ of Florida’s smaller and less densely populated regions where access to health care may be an issue.”
Kissimmee Democratic Sen. Kristen Arrington asked if the plans were meant to be supplemental or the only form of insurance.
DiCeglie noted that the bill follows something that has been implemented in Tennessee for over 75 years, where a nonprofit organization in the farming industry offers farmers memberships. The organization essentially has the mechanism in place where then they can offer a tier-type of health insurance to individuals.
“So, very simply, you have the low tier, mid-tier and upper tier, so this isn’t a supplemental,” DiCeglie explained. “This is insurance for farmers in the state of Florida who have a very difficult time getting insurance at all. … So, this is giving those individuals the option to partake in a health insurance option that are significantly affordable and way more accessible than what they’re seeing right now.”
DiCeglie said the plans would work similar to what’s already available, pointing back to the tier system.
“This bill really speaks to the framework, the structure of a specific nonprofit organization in the state of Florida,” DiCeglie said. “That would, if this bill were to pass, would have the ability to offer that type of health care, and I do want to also point out that currently in the state of Florida we have … religious nonprofit organizations that are also authorized to offer a very similar type of insurance.”
Arrington asked what the payments for the services would look like, and if individuals would pay the doctor directly, or be reimbursed. DiCeglie said the bill does not make allowances for how payments would be made but noted he would be happy to have conversations around that.
Orlando Democratic Sen. Carlos Smith said he thought the bill was a noble effort to get those who do not have health care coverage much-needed insurance.
“I think it’s a noble goal to try to get coverage to people who don’t have it,” Smith said. “We want to make sure that it’s good coverage as well.”
Smith asked whether a person would be able to still get coverage if they had a preexisting condition like cancer, to which DiCeglie responded that they would be unable to.
“So, in the core of it … this particular plan would not be required to accept that individual if they, in fact, have cancer,” DiCeglie said. “That individual would have the ability to go into the affordable health care market, with those plans, but I want to point out that this is a plan that has been very successful in Tennessee. I think this is a plan that is certainly not a mandate. You know, if an individual has that preexisting condition, they do have other options besides this particular plan.”
DiCeglie added that if a person joins the plan and then is diagnosed with a condition, they would not be kicked off simply because they had discovered the condition.
“I think this gives those farmers options,” DiCeglie said. “It gives them options at a level that is a lot more affordable than what they’re experiencing right now and obviously it’s difficult for many of us … who live in densely populated parts of the state like you and I, Sen. Smith, to actually relate to some of these challenges that our farmers face. So, this bill will provide those options.”
Jacksonville Democratic Sen. Tracie Davis asked what the cost to the state would be. DiCeglie clarified that there would not be any cost to the state.
“This bill simply creates health insurance options for individuals who are part of a nonprofit organization in the farmer industry, and clearly the eligibility of those organizations is well defined here in the bill and it’s very narrow,” DiCeglie noted. “Again, we’re trying to increase access to health care for farmers who live in rural parts of our state … and must be members of this specific organization.”
DiCeglie pointed out that it would not be the nonprofit that offers the health care plans directly; they would be offered through a third-party administrator.
Port Orange Republican Sen. Tom Wright supported the bill and said it would be a good thing for farmers.
“I think this is a great bill, I think the farmers have been kind of forgotten about in the state of Florida,” Wright said. “They are the folks that built this state, and we’ve kind of let them do their own thing and try to survive. So, I don’t see any cost to the state, and I think it’s a great idea and I hope it turns out to be as good as I think it will.”
The committee passed the bill by a vote of 6 to 3. It will now move to the Senate Committee on Rules.
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