Proposed Florida Law Would Make it Easier to Enforce Non-Compete Agreements
On April 28th, 2025, Bloomberg Law News reported that a new Florida law will make it easier for businesses and organizations in the state to enforce non-compete agreements. The legislation—HB 1219—stands out against a national trend restricting the use of non-compete agreements. The bill was signed by Governor Ron DeSantis on April 29th. In this article, you will find a detailed overview of the proposed law to make it easier for employers to enforce non-compete agreements in Florida.
Know the Basics: HB 1219
Florida House Bill 1219 (HB 1219)—or as it is officially known as the “Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act”—passed the Florida legislature in April 2025 and was signed by the Governor soon after. It is scheduled to take effect on July 1st, 2025. Broadly explained, the law expands the enforceability of non-compete agreements. Here is a more detailed overview of some of the key provisions:
- Covered Employees: HB 1219 applies to employees earning more than twice the annual mean wage in their respective counties. For reference, Florida’s 2024 median income was around $46,860. That means that the threshold on a statewide basis would be around $93,720. However, an employee’s specific county matters.
- Noncompete Agreements: Under HB 1219, non-compete agreements can extend up to four years. Why does that matter? It is a duration longer than is typically allowed in most other states that allow non-competes. The agreements are designed to prevent former employees from joining competing businesses within a specified geographic area and time frame.
- Garden Leave Agreements (New Concept): The bill introduces a new concept in Florida law referred to as a “covered garden leave agreement.” It is an agreement that allows an employee to remain on the payroll without performing work duties during a notice period. The arrangement restricts them from joining a competitor while receiving compensation.
- Employer Options for Enforcement: In Florida, courts are mandated to issue preliminary injunctions to enforce these agreements unless the employee can demonstrate—with clear and convincing evidence—that they will not perform similar work or use confidential information during the restricted period.
In other words, the biggest change in the law is that it provides employers with a very powerful enforcement mechanism. The bill effectively requires courts to presumptively assume that a properly drafted non-compete agreement is enforceable. An employee who is trying to get out of such an agreement would have the burden of proving that it does not apply.
A Big Change from Where We Were in 2024
In April of 2024, the Federal Trade Commission (FTC) moved to ban most non-compete agreements at the national level. That effort was—at least temporarily—blocked by the courts. The Trump Administration is also expected to abandon it. While many states have moved to limit or even ban noncompete agreements, Florida is going in the other direction. Employers will have more options to use and enforce non-competes.
Get Help From a Non-Compete Agreement Lawyer in Florida
Non-compete agreements should always be drafted and reviewed by an experienced professional. If you have any questions or concerns about the enforceability of a non-compete agreement, please do not hesitate to contact an experienced Florida employment attorney for guidance and support.
