While the recent trend across the country has been to restrict noncompete agreements, Florida has just made it easier for employers to enforce noncompete agreements against employees. The Florida Legislature passed HB 1219, also known as the Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth Act (CHOICE or “the Act”), which took effect on July 1, 2025.[1] Importantly, CHOICE does not apply to health care practitioners and keeps Florida’s other noncompete statute (Fla. Stat. § 542.335) — which already was one of the more employer-friendly noncompete statues across the country — in place.[2]
As we’ve reported on extensively over the last few years, states across the country have continued to enact measures restricting employment noncompete agreements, including many states that have enacted outright bans. In some ways, Florida’s CHOICE Act appears to resemble the laws in many other states. The Act includes an income threshold and certain notice requirements. But unlike other state laws which render noncompete agreements void and unenforceable if the requirements are not satisfied, Florida’s CHOICE Act takes the opposite approach — it creates a presumption of enforceability if the Act’s requirements are met.
The Act also goes further than any other state law to provide employers with the ability to obtain injunctive relief. Restrictive covenants covered under CHOICE are deemed “fully enforceable”; the Act requires courts to issue a preliminary...
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