The Sunshine State just got brighter for Florida employers seeking to enforce non-compete agreements. On April 24, 2025, the Florida legislature passed the Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act (the “Act”). The Act—which took effect on July 1, 2025—significantly enhances the enforceability of both non-compete and garden leave agreements in Florida. As a result, Florida may now be the most non-compete friendly state in the nation.
At bottom, the Act enhances Florida employers’ ability to implement and enforce restrictive covenants agreements. Specifically, the Act increases the allowable duration of such contracts and lowers the bar for enforcement. The Act’s stated goals include encouraging “optimal levels of information sharing and training and development,” protecting confidential information and client relationships, and providing predictability.
The Act applies only to certain “covered employees” and “covered employers.”
Determining whether one is a “covered employee” or “covered employer” requires a review of wage data in the Florida county where the employer is located or the employee resides. Specifically, covered employees include all salaried employees and contractors earning more than twice the annual mean wage in the Florida county where either: (1) the covered employer’s principal place of business is located; or (2) the covered employee resides if the covered employer’s...
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