Florida CHOICE Act: New Protections for Noncompete and Garden Leave Agreements - NatLawReview.com
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On April 24, 2025, the Florida House and Senate passed the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act, designed to foster economic growth, protect business interests, and enhance the state’s investment climate by strengthening protections for covered employers with covered noncompete and garden leave agreements. If signed by Gov. DeSantis, the CHOICE Act would take effect on July 1, 2025.
CHOICE Act Takeaways
- The Act creates a presumption that covered noncompete and garden leave agreements are enforceable and do not violate public policy as a restraint on trade;
- The Act requires courts to issue a preliminary injunction to enjoin a covered employee from violating a covered agreement; and
- The Act only allows courts to modify or dissolve a preliminary injunction if the covered employee proves by clear and convincing evidence that either the new employment will not result in unfair competition, or the covered employee did not receive the consideration described in the covered agreement.
The Act applies to:
- Covered Employers – entities or individuals who employ or engage a covered employee.
- Covered Employees – individuals (employees or contractors) who earn a salary twice the...
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