Florida CHOICE Act: Doubling Down on Non-Competes
The Florida CHOICE Act (Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth Act), effective July 1, 2025, represents a major expansion of enforceable non-compete and garden-leave agreements in Florida. It creates a new category of “covered” agreements that enjoy a presumption of enforceability if certain formalities are met—such as being in writing, providing the employee at least seven days to review, advising them of the right to counsel, and obtaining their acknowledgment that they have received or will receive confidential information or customer relationships.
Key changes tilt the balance toward employers. The Act extends what is considered a “reasonable” restriction period from two years to up to four years—both for non-competes and for garden-leave agreements. This is significant because “garden leave” can require employees to remain formally employed (and typically compensated) but unable to work elsewhere, raising questions about how long such arrangements can be maintained in practice.
Perhaps most consequentially, the Act mandates courts to grant preliminary injunctions enforcing covered agreements unless the employee can prove by clear and convincing evidence that an exception applies. This shifts the burden of proof and accelerates judicial remedies, giving employers faster and stronger tools to block competitive moves.
