On April 29, 2025, the “Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth Act” became law in Florida. The law is the first piece of legislation that requires courts to enjoin employees from violating an enforceable non-compete agreement, and it will take effect on July 1, 2025. The law represents a significant shift in the state's approach to non-compete agreements and restrictive covenants.

What is a covered non-compete agreement?

A covered non-compete agreement is a written agreement between an employee and an employer. But, unlike an offer of employment, a non-compete agreement seeks to prevent an employee from leaving their job and taking a similar role with a competitor. And, it must be “reasonably likely” that the employee would use confidential information or customer relationships in their new employment.

Are employers required to give notice?

Yes. Employers must do two things:

1. Give a 7-day notice of the non-compete agreement before the agreement or job offer expires; and
2. Notify employees of their right to seek counsel prior to executing the agreement.

How long can restrictions last?

The law allows employers to have employees sign a non-compete agreement restricting an employee from competing against it for a maximum duration of four years.

What issues will employers face enforcing non-compete agreements?

The law creates a presumption that covered non-compete agreements are enforceable and do not violate public policy.

What does...

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