The Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act makes sweeping changes to how restrictive covenants, such as non-compete agreements, are handled in the state. While many states are tightening restrictions on these agreements, Florida is moving in the opposite direction. Effective July 1, 2025, the CHOICE Act increases employers’ ability to enforce non-compete agreements and introduces new legal tools to protect businesses.
The CHOICE Act strengthens the protections afforded to employers and their ability to enforce restrictive covenant agreements. Currently, non-compete agreements are governed by Florida Statute § 542.335, which requires employers to prove:
The Act expands these provisions and instead places the burden on the employee to show the agreement is unenforceable. Under the Act, covered garden leave agreements and covered non-compete agreements are presumed to be enforceable, and courts must issue a preliminary injunction to enjoin a covered employee from violating a restrictive covenant.
The CHOICE Act applies to both “covered employees” and “covered employers.”
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