Effective July 1, 2025, Florida's Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth Act (the CHOICE Act) now allows for non-competition periods of up to four (4) years after the end of employment. Additionally, the CHOICE Act provides for streamlined enforcement of covered non-compete agreements, including but not limited to automatic temporary injunctions against covered employees and their new employer.
The CHOICE Act only applies to "covered employees," defined as "an employee or individual contractor who earns or is reasonably expected to earn a salary greater than twice the annual mean wage of the county in this state in which the covered employer has its principal place of business." Depending upon where an employer's principal place of business is located, this minimum earning threshold can be as low as $81,000 per year. Notably, the CHOICE Act specifically excludes health care practitioners from the definition of a covered employee, regardless of their salary level.
Garden Leave Agreements
The CHOICE Act addresses two types of non-competition provisions: a garden leave agreement and a covered non-compete agreement. Under a garden leave agreement, the employer and employee agree to provide up to four (4) years of prior notice before termination. During the notice period, the employer must continue paying the covered employee the same salary and benefits, and the employee is prohibited from working for any other person or entity...
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