On July 1, the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act took effect, positioning Florida as one of, if not the most, employer-friendly states in noncompete and garden leave agreement enforcement.

Although Florida has had a statute which generally favored enforcement of reasonable noncompetes for many years, the CHOICE Act substantially expands what is presumptively enforceable under Florida law and likely imposes the most employer-friendly standard for enforcement of employee noncompetes for any state in the country.

What You Need to Know

The CHOICE Act is a significant departure from the general trend in restrictive covenant legislation across the country. Most state legislation in this area focuses on limiting the use of noncompetes, whether by passing bans on their use in certain professions, adding notice requirements and other “bells and whistles,” or imposing compensation thresholds. Although the CHOICE Act does include a compensation threshold, it otherwise departs from the general trend by making it more likely for a noncompete or garden leave provision to be enforced and placing the burden of proof on the employee rather than the employer.

Current Law and Overview of the CHOICE Act

Prior to the CHOICE Act, restrictive covenants in Florida were enforced if they were reasonable in scope of time, geography, and restricted activity. The burden was on the employer to demonstrate that a restriction is...

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