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Thursday, June 19, 2025

Florida Makes a CHOICE to Toughen Noncompete Enforcement - Harris Sliwoski LLP

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Florida’s CHOICE Act Poised to Expand Noncompete Enforcement

On April 24, 2025, the Florida Legislature approved the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth Act, which now awaits the Governor’s signature. In a striking departure from the national trend toward limiting restrictive covenants, the CHOICE Act positions the Sunshine State as the most noncompete-friendly jurisdiction in the country, enshrining legal protection for agreements lasting up to four years. While the Federal Trade Commission and many states are scaling back—or banning—noncompetes altogether, Florida is moving aggressively in the opposite direction, granting employers powerful new tools to restrict post-employment competition and potentially creating a “safe harbor” for businesses concerned about noncompete enforcement.

Who Qualifies?

The CHOICE Act applies only to individuals earning at least twice the annual average wage in the Florida county where their employer is based—or, in the case of out-of-state employers, where the individual resides. This threshold is intended to limit enforceable noncompete agreements to...



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