Florida has entered a new era in restrictive covenant law. With Governor DeSantis declining to veto the Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (“CHOICE”) Act, the bill is now officially part of Florida law. This marks the first significant legislative update to Florida’s non‑compete statute in decades—and it dramatically expands the tools available to employers seeking to protect their business interests.
For Florida businesses that rely on customer relationships, confidential information, and specialized talent, the CHOICE Act represents a substantial strengthening of their ability to enforce non‑compete agreements. For employees and contractors, it signals a more challenging environment when transitioning to new opportunities.
A Strengthened Framework for Non‑Compete Enforcement
The CHOICE Act introduces several major changes that make it easier for employers to enforce restrictive covenants and obtain swift judicial relief. Most importantly, it makes it significantly easier for employers to secure injunctive relief early in a dispute, reducing the burden of proof and accelerating the timeline for judicial intervention.
Longer Non‑Compete Periods
Under the new law, employers may impose longer restrictive periods of up to four years. The preexisting law provided that periods more than two years were presumed unreasonable and periods longer than six months were presumed reasonable for former employees (not owners or sellers).
Immediate Implications for Florida Employers
The CHOICE Act is not a passive change. It requires employers to take immediate action to ensure their agreements comply with the new statutory framework and qualify for the enhanced protections. Employers should work with legal counsel to revise and update existing non‑compete agreements, and evaluate whether changes are needed to align with overall business strategy.
Review Current Employee and Contractor Classifications
Because the Act’s protections may apply differently depending on role, compensation, and access to sensitive information, employers should reassess:
- Which employees should be subject to non‑competes;
- Whether independent contractors are properly covered (and properly classified under federal overtime standards); and
- Whether certain roles require enhanced confidentiality or non‑solicitation provisions.
The CHOICE Act is now law in Florida, it is time to review, revise, and reinforce non‑compete strategies. Without proactive compliance, businesses will not benefit from the CHOICE Act’s enhanced protections.
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This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.
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