Florida Statutes

Fla. Stat. § 542.23 (2025)

Equitable remedies.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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¹542.23 Equitable remedies.—In addition to other remedies provided by this part, 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. In any action under this section in which the plaintiff substantially prevails, the court shall award the cost of suit, including a reasonable attorney fee, to the plaintiff.

History.—s. 1, ch. 80-28; s. 8, ch. 2025-213.

¹Note.—Amended by s. 8, ch. 2025-213, effective July 1, 2025, per s. 22, ch. 2025-213. Chapter 2025-213 became law without the Governor’s signature on July 3, 2025, per s. 8(a), Art. III of the State Constitution. In Re Advisory Opinion to the Governor Request of June 29, 1979, 374 So. 2d 959 (Fla. 1979), specifies the constitutional effective date in s. 9, Art. III of the State Constitution in this situation. The constitutional effective date is August 15, 2025, for ch. 2025-213.

Notes of Decisions

Cited in 3 cases, 1990–2005 · leading case: Jet 1 Ctr., Inc. v. City of Naples Airport Auth. (In Re Jet 1 Ctr., Inc.), 322 B.R. 182 (Bankr. M.D. Fla. 2005).

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Jet 1 Ctr., Inc. v. City of Naples Airport Auth. (In Re Jet 1 Ctr., Inc.), 322 B.R. 182 (Bankr. M.D. Fla. 2005). · cites it 6× “23 of the Florida Statutes in subclause (3) specifically prohibits granting an in-junctive or equitable relief pursuant to § 542.23 against— “... a local government or its officials or employees acting within the scope of their lawful authority, if the official conduct which…”

Duck Tours Seafari, Inc. v. City of Key West, 875 So. 2d 650 (Fla. 3d DCA 2004). · cites it 3× “Section 542.23, Florida Statutes authorizes injunctive or other equitable relief in antitrust cases.”

Ace Supply Co. v. Walther, 40 Fla. Supp. 2d 164 (Fla. Cir. Ct. 1990). “§ 542.23 (2)(a) (1989) which authorizes a person to agree with his employer to refrain from carrying on or engaging in a similar business within a reasonable area for a limited time so long as such employer continues to carry on a like business.”

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