Florida’s CHOICE Act: The New Gold Standard for Enforcing Non-Competes
Florida just made a bold move, and it’s sending shockwaves through the employment law landscape.
While other states are racing to ban or limit non-competes, Florida is doubling down. Thanks to the recently enacted CHOICE Act, Florida is now the most enforcement-friendly state in the country for employers looking to protect their business interests.
Here’s what you need to know, and what you need to do.
What Is the CHOICE Act?
The “Creating Honorable Opportunities in Competitive Employment” (CHOICE) Act went into effect on July 1, 2025, after Florida Governor Ron DeSantis declined to veto the legislation.
The law significantly strengthens employers’ ability to enforce non-compete and garden-leave agreements, especially for high-earning employees.
Key Provisions Employers Should Know
1. Enforceability Presumed
Florida courts are now required to presume that non-compete and garden-leave agreements are enforceable. That means employers no longer have to prove irreparable harm, a major litigation advantage.
2. Four-Year Restrictions
The maximum enforceable duration for both non-competes and garden-leave agreements has increased to four years (previously two years). This gives employers a longer leash to protect proprietary knowledge, client relationships, and competitive positioning.
3. Garden Leave Just Got Teeth
Under the CHOICE Act, employers may now require former employees to sit out (and receive pay) for up to four years—if the terms are clearly written in the agreement. It’s a strong alternative to traditional non-competes.
4. Notice and Counsel Requirements
To be valid, agreements must:
- Be in writing
- Include a 7-day review period
- Acknowledge that the employee had the chance to consult legal counsel
- Affirm that the employee had access to confidential information or key relationships
This helps protect employers from claims of duress or unenforceability due to lack of notice.
Who’s Covered?
The CHOICE Act applies to:
- Employees or contractors who earn at least 2× the average wage in their Florida county (generally $80,000–$150,000+)
- Remote workers based in Florida, even if their employer is located elsewhere
Healthcare professionals are exempt from the Act’s protections.
Strategic Considerations for Employers
If your business operates in Florida, or employs high earners within the state, the CHOICE Act opens up a powerful legal advantage. But to fully leverage this new law, employers need to take immediate action:
First, review and revise all existing non-compete and garden-leave agreements. The CHOICE Act requires specific procedural safeguards, including a written agreement, a seven-day review period, and confirmation that the employee had the opportunity to consult legal counsel. Agreements that don’t meet these criteria may be unenforceable under the new framework.
Second, consider adding or strengthening garden-leave provisions in your contracts. The CHOICE Act now allows employers to keep employees on paid leave, and off the market, for up to four years. This can be a powerful way to retain institutional knowledge without triggering traditional non-compete concerns.
Third, prepare your enforcement strategy. Under the CHOICE Act, courts must presume your agreement is enforceable and issue an injunction unless the employee proves otherwise. This gives employers a significant tactical edge in fast-moving disputes, but only if they’re ready to move quickly when a breach occurs.
Finally, align your HR and legal teams now. These changes are already in effect, and any delay in compliance could jeopardize your ability to enforce protections when you need them most.
National Contrast: Florida vs. Everyone Else
The CHOICE Act positions Florida in direct contrast with states like California, Minnesota, and Colorado that have banned or heavily restricted non-competes. Even the FTC is pushing a proposed national rule that would outlaw them altogether.
Florida’s message? We’re open for business, and we are employer friendly.
Final Thoughts
At The RAD Firm, we help employers navigate complex legal landscapes with clarity and confidence. Florida’s CHOICE Act makes the state the premier jurisdiction for non-compete enforcement, but only if your agreements are properly drafted, disclosed, and executed.
Need help updating your agreements or enforcing a restriction? Let’s talk.
