Three Big Things Employers and Employees Should Know About the New CHOICE Act in Florida
On July 3rd, 2025, the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth Act (CHOICE Act) became law in Florida. In a move that takes our state in the opposite direction as much of the rest of the country, Florida has now made it far easier for employers to enforce non-compete agreements. The move comes after litigation and political changes stopped the federal effort to ban non-competes nationwide. In this article, employers and employees will find an overview of three big things that they should know about the CHOICE Act.
#1: Non-Compete Agreements Can Now Last Longer in Florida
One big change related to the choice act is that non-compete agreements can now last longer in Florida. Under the CHOICE Act, covered non‑compete agreements and “garden‑leave” agreements may now run up to four years, within a defined geographic area. Remember, non‑competes are contracts that prohibit the employee from assuming roles that are “similar to” the prior employer’s services. Previously, these agreements were generally limited to a two-year duration in Florida unless there were special circumstances. That standard timeline has doubled. To be clear, that does not mean that all non-compete agreements will now be four years in length. Instead, it means that employers and employees can generally agree on a four year duration for a non-compete.
#2: There are More Strict Technical Requirements for Enforceability
Florida CHOICE Act also comes with more strict technical requirements for enforceability. To qualify to be regulated by the law, non-competes must be written, signed, and must make specific reference to Florida law. Further, the CHOICE Act requires employers that use non-competes under the law to do the following three things for them to be legally enforceable:
- Advise the employee in writing of their right to legal counsel;
- Secure written acknowledgment of receipt of confidential information or customer relationships if that is relevant; and
- Provide the worker with a minimum of seven days to review the agreement.
#3: Mandatory Injunctive Relief & Clear‑and‑Convincing Burden
Finally, there is a big procedural change that comes with Florida’s CHOICE Act. It may be the most important change in the law. Upon employer petition, courts are required to issue a preliminary injunction enforcing covered non‑competes or garden‑leave agreements. In other words, the court must presumptively issue the injunction in favor of an employer if they have a written non-compete. The employee who (allegedly) signed a valid non-compete will only be released from the injunction if the can provide clear and convincing evidence that the contact is invalid or inapplicable.
Speak to a Florida Non-Compete Lawyer Today
Non-compete agreements are complicated. Given the recent changes to Florida state law, it is imperative that any agreement you sign is properly drafted. Employers and employees need to know how to protect their rights and their interests. An experienced Florida employment law attorney can help you understand the terms of a non-compete agreement.
