News Summary
Florida has implemented the CHOICE Act, enhancing protections for businesses relating to non-compete and garden leave agreements. Enforced from July 1, 2025, the Act introduces significant changes, including allowing non-compete agreements to extend to four years post-termination and mandates informing employees of their rights. These adjustments aim to attract businesses and bolster economic growth while protecting employers’ interests. Employers are urged to review their agreements for compliance with the new regulations.
Florida has enacted a new law known as the CHOICE Act, designed to bolster protections for businesses regarding non-compete and garden leave agreements. The law, which took effect on July 1, 2025, provides enhanced legal frameworks to safeguard employers’ business information and relationships, aiming to make Florida a more attractive location for companies looking to start, move, or expand operations.
The CHOICE Act introduces stronger and more enforceable restrictive covenants specifically aimed at employees earning more than twice the annual mean wage in their respective counties. This means that the salary threshold for employees covered under the Act can range from approximately $80,000 to $150,000 depending on the county’s economic conditions. However, it is important to note that licensed healthcare practitioners are explicitly excluded from the provisions of this law.
One of the most significant changes introduced by the CHOICE Act is the allowance for non-compete agreements to extend up to four years following an employee’s termination. Previously, Florida law often regarded agreements lasting longer than two years as unreasonable. This alteration reflects a broader commitment to enhancing employer protections and establishing clearer guidelines for workforce agreements.
Additionally, the Act requires that non-compete agreements inform employees of their right to seek legal counsel and must provide a minimum of seven days for consideration before signing. Garden leave agreements, which stipulate that employees remain on payroll while facing restrictions on employment elsewhere, will also see modifications. These agreements can now include an advance notice period of up to four years prior to termination.
Courts under the CHOICE Act are now mandated to issue preliminary injunctions enforcing a covered agreement unless an employee can prove it is necessary to prevent unfair competition. This shift places a substantial burden of proof on employees seeking to modify or dissolve such injunctions, requiring them to establish their case by “clear and convincing evidence.”
The legislative changes brought by the CHOICE Act not only provide superior remedies for employers—including recovery of monetary damages and attorney’s fees—but also reflect a significant shift in Florida’s approach to restrictive covenants. As it stands, Florida now offers the most comprehensive protections regarding restrictive covenants in comparison to any other state, positioning the state favorably in the business landscape.
Employers in Florida are encouraged to review their existing non-compete and garden leave agreements to ensure compliance with the CHOICE Act. Given the substantial adjustments to the regulations surrounding these agreements, businesses should take proactive steps to align their practices with the new law and maximize the potential for legal enforcement in the event of disputes.
The enactment of the CHOICE Act is seen as a vital step forward for Florida’s economic growth strategy, emphasizing the importance of protecting employers’ rights while balancing the needs of the workforce. By enhancing the legal framework surrounding restrictive covenants, the state aims to foster an environment that encourages investment, innovation, and economic growth.
Deeper Dive: News & Info About This Topic
- Littler: Florida’s CHOICE Act Offers Employers Two New Types of Agreements
- Google Search: Florida CHOICE Act
- Jackson Lewis: Florida’s CHOICE Act Offers Employers Unprecedented Tools
- Wikipedia: Non-compete Clause
- Troutman: Florida’s CHOICE Act Expected to Expand Employer-Friendly Non-Compete Laws
- Encyclopedia Britannica: Employment Law
- Gulfshore Business: Florida CHOICE Act Noncompete Law
- Google News: Florida Employment Law
Author: STAFF HERE ORLANDO WRITER
ORLANDO STAFF WRITER The ORLANDO STAFF WRITER represents the experienced team at HEREOrlando.com, your go-to source for actionable local news and information in Orlando, Orange County, and beyond. Specializing in "news you can use," we cover essential topics like product reviews for personal and business needs, local business directories, politics, real estate trends, neighborhood insights, and state news affecting the area—with deep expertise drawn from years of dedicated reporting and strong community input, including local press releases and business updates. We deliver top reporting on high-value events such as Orlando International Fringe Theatre Festival, Megacon Orlando, and Central Florida Fair. Our coverage extends to key organizations like the Orlando Economic Partnership and Hispanic Chamber of Commerce Metro Orlando, plus leading businesses in leisure and hospitality that power the local economy such as Walt Disney World Resort, AdventHealth, and Universal Orlando. As part of the broader HERE network, including HEREJacksonville.com, HEREPetersburg.com, HERETallahassee.com, and HERETampa.com, we provide comprehensive, credible insights into Florida's dynamic landscape.
