Effective July 1, 2025, Florida’s Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth Act (CHOICE Act) reshapes how employers can enforce non-compete agreements on certain employees. With this reform, businesses gain powerful new tools to protect confidential information, investments, and client relationships — including longer enforcement periods and streamlined legal remedies.
Here’s what you need to know and how to act now.
Key Highlights of the CHOICE Act
Non-compete periods now extend up to 4 years
The CHOICE Act allows employers to enforce non-compete agreements for up to four (4) years after the end of employment — doubling the previous standard period of two years.
Automatic injunctions simplify enforcement
If an employee violates a covered non-compete, courts must issue a preliminary injunction against them and their new employer. This eliminates the need for lengthy legal battles and accelerates protection for the business.
Applies to “covered employees” only
The new rules apply to individuals who:
- Earn (or are expected to earn) more than 2× the annual mean wage of the Florida county where the employer is based.
- For many counties, the average salary starts around $81,000 per year.
⚠️ Health care practitioners are excluded, regardless of income.
Two Key Agreement Types: What They Mean
1. Garden Leave Agreements
These agreements require employees to give extended notice (up to 4 years) before leaving, during which they receive full pay and benefits— but cannot work elsewhere unless approved.
To be enforceable under the CHOICE Act, the agreement must:
- Inform the employee in writing of their right to seek legal counsel.
- Include a written acknowledgment that the employee may access confidential information or client relationships.
- Allow for:
- Ending active work after 90 days of notice.
- Participating in personal or non-work activities during the notice period.
- Working elsewhere, if the employer permits.
- Employer-initiated reduction of the notice period with 30 days’ notice.
Breach consequences: Courts must issue a preliminary injunction during the notice period unless the employee proves they’re not performing similar services or the employer failed to pay agreed compensation.
Employers can reduce or cancel pay if the employee engages in gross misconduct during the notice period.
2. Covered Non-Compete Agreements
These contracts prohibit a covered employee from providing similar services or using confidential information for up to 4 years post-employment — within a defined geographic area.
To enforce them, employers must ensure:
- Written notice of the employee’s right to seek legal advice.
- Acknowledgment of access to confidential information or clients.
- A clause that deducts any non-working garden leave time from the total non-compete period.
Breach consequences: Like garden leave agreements, courts must automatically bar the employee from offering similar services to others.
Before vs. After: CHOICE Act at a Glance
| Aspect | Before (pre-July 2025) | After CHOICE Act |
| Max non-compete duration | 2 years | 4 years |
| Injunction process | Employer must prove irreparable harm | Automatic for covered breaches |
| Who qualifies | Broad / case by case | Only “covered employees” earning over 2× local mean wage |
| Healthcare workers included? | Often yes | No (excluded) |
| Garden leave agreements | Not standardized | Clearly regulated with notice/pay rules |
How Employers Can Take Advantage of the New Law
Here’s how to respond strategically:
- Review employee compensation levels.
Identify staff who qualify as “covered employees” (earning over 2× the mean wage in the county). - Update your non-compete templates.
Add the required written notices and confidentiality acknowledgments. Include garden leave clauses where applicable. - Train your HR and legal teams.
Ensure internal staff understands the changes and applies the new rules consistently. - Actively use garden leave where retention matters.
For high-value roles, garden leave agreements now provide a flexible retention and transition tool— with legal backing. - Consult legal counsel for implementation.
Partner with business law attorneys to avoid enforceability issues and tailor your agreements to your business model.
Florida’s CHOICE Act gives employers a powerful new framework to protect proprietary interests— but only if they take proactive steps to align with the law. With longer enforcement windows, faster injunctions, and clear rules around employee classifications, now is the time to revisit your contracts.
Need help updating your agreements? Our team at Apfelbaum Martinez Law can assist you with CHOICE Act–compliant contracts, legal reviews, and tailored strategies. Contact us today.
