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Tom Leek’s employment agreements bill advances

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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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Gov. DeSantis urges local governments to play ball with Florida DOGE audits

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Gov. Ron DeSantis is urging counties in Florida to follow Bay County’s lead and “step up and ask” for audits from the state-level DOGE his administration established.

Noting that his administration is “working with the Florida Legislature to get more prescriptive authority to be able to go in and conduct audits of these local governments so that taxpayers get the full picture of what’s going on,” he credits “counties that are willing to step up and ask for these audits” with “really leading by example.”

DeSantis has often said Florida “was DOGE before DOGE was cool.” Yet in the wake of the Elon Musk led Department of Governmental Efficiency taking root, the Governor rolled out a state-level task force via Executive Order 25-44 to “DOGE at the local level,” taking a look at “publicly available” budget records and auditing.

As he has previously, DeSantis painted a picture of local budgets larded by hikes in property taxes.

“We’ve seen property tax assessments go up across Florida at the local level,” he said. “Taxpayers are pinched, they’re paying more than they ever have. Even though we have homestead exemption, it hasn’t been enough to fully protect taxpayers. Shouldn’t you know how this money is being spent, especially in those counties that have seen dramatic increases in their state budgets?”

Higher taxes have “pinched” senior citizens whose home value may have appreciated over the years, he said.

“Now they’re being told it’s worth so much more and they have to pony up more and more money. It’s almost like they have to pay rent to the government just to be able to enjoy their property. and that’s wrong. and we need to do something about it.”

For now, the Governor wants cities and counties to work with his group on a “voluntary” basis.

“We really hope to be able to deliver some serious, serious audits working with the Florida legislature of what’s going on in these local governments. I thank Bay County for what they did and I know there’s going to be other counties that are going to step up to the plate,” DeSantis said.


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Obscene heckler doesn’t stop bill targeting ‘academic boycott’ of Israel from advancing in Senate

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The Senate Governmental Oversight and Accountability Committee was the first Senate panel to approve Sen. Tom Leek’s measure (SB 1678) which would defend Israel against its opponents in schools and non-governmental agencies.

That bill suggests anti-Israeli actions undertaken by “an educational institution, a nonprofit organization, an agency, a local governmental entity or unit thereof, or a foreign government” amount to an “academic boycott.”

It urges cessation of state contracts and grants with those entities on the wrong side of the ideological conflict if they don’t change their ways.

These entities would have 90 days to correct their noncompliance and be removed from what would be called the Scrutinized Companies or Other Entities that Boycott Israel List under this proposal. Otherwise, the state would divest itself of contracts with them.

Even before Leek could speak, a member of the crowd called the bill “f****** b*******.” She was immediately excused from the room.

A delete all amendment clarified that public funds, such as the State Board of Administration or State University System, cannot invest in these companies. Additionally, it requires that Arts and Culture grants not go to support antisemitic work.

The bill would also target agreements, like foreign exchange programs, with foreign universities deemed to be supporting antisemitism.

Members of the public complained about the legislation, saying it restricted “academic freedom” and offered support to an Israeli regime they find objectionable.

However, others said the bill was necessary.

Miami Beach City Commissioner David Suarez noted the Boycott Divestment and Sanction movement was targeting cities like his, and the legislation was a way to counter “hateful campaigns from a noisy minority.”

Chair Randy Fine hailed Leek for carrying the bill, saying he’d worried about leaving Tallahassee and having no one carry this kind of legislation,

Leek’s bill has two more committee references.

Rep. Hillary Cassel’s bill (HB 1519) the companion legislation, also has two stops in the House. But it has yet to have a committee hearing.


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Senate bill that could lead to execution of would-be political assassins begins to move

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The bill was inspired by the violence at a Donald Trump rally in Pennsylvania.

Those looking to harm Presidents, Governors and other heads of state may pay the ultimate price in Florida — even if they don’t succeed in killing their target.

Sen. Blaise Ingoglia’s measure (SB 776) which cleared the Criminal Justice Committee, contemplates adding to Florida law that the death sentence can be issued when a “capital felony was committed against the head of a state, including, but not limited to, the President or the Vice President of the United States or the Governor of this or another state, or in an attempt to commit such crime a capital felony was committed against another individual.”

Ingoglia noted that “the death penalty is reserved for those convicted of heinous crimes” and that his helps to facilitate that by adding aggravating factors of an assassination of a head of state or the killing of another person in attempting to do so. He described the attempted assassination of Donald Trump and the concomitant killing of Corey Comperatore as heinous and worthy of extraordinary sanction in law.

One citizen opposed the bill.

Grace Hannah of Floridians Opposed to the Death Penalty said the bill would fall under federal jurisdiction and that an incident like that contemplated by the bill is “extremely rare.”

The bill is also moving in the House.

Jeff Holcomb’s legislation (HB 653) has one stop to go before the floor.


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