Florida’s CHOICE Act, short for “Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth” (CHOICE), is now law. For details of the Act, see Florida’s CHOICE Act Offers Employers Unprecedented Tools for Non-Compete + Garden Leave Agreements.
But the law did not have the direct endorsement of Florida’s pro-business governor. Departing from his usual approach, the governor took no action on the bill, neither signing nor vetoing it, and instead allowing the bill to become law by default on July 3, 2025. Oddly, the Act’s stated July 1 effective date precedes its actual enactment on July 3. In any event, the CHOICE Act positions Florida as the most employer-friendly state in the nation for restrictive covenants and diverges from a national trend by other states to limit the enforcement of non-compete agreements. As the law is newly enacted, judicial interpretation remains uncertain, and courts likely will play a pivotal role in shaping how the CHOICE Act is applied.
The governor’s inaction on the Act is notable, standing in contrast with his typically assertive...
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